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Differentiating between a contract worker and an employee:
If a payer considers a worker as a self-employed individual while the worker is in fact an employee, the payer will have to pay both parts
of EI premiums and CPP/QPP contributions for the complete duration of the employment. Penalties and interest can also be charged. It is
therefore very important to correctly determine the type of employment relationship.
Employee versus contract worker: your assessment
The majority of your answers point to the payer or employer as having control.
It is not likely that the payee is in a self-employed relationship to your company. Ignoring this could mean penalties and tax arrears for both the employer and the individual. Always seek advice from a professional accountant or business advisor to review your hiring plans and to get a better sense of whether or not you conform to Revenue Canada's guidelines for contract workers.
For more information, you may want to consult Revenue Canada's
information on differentiating between a contract worker and an employee.
Is it important for me to file a claim within a certain time?
Your employer should pay you CPP, and deduct EI and tax. Your employer also should pay benefits and insurance after 3 months probabtion period.
No matter what ever you did such as signed a contract with your employer. Any contract should be legal. The relation between you and your employer is determinated by Revenue Canada only.
If Revenue Canada considers you are not a contractor, You can file a claim by assist of Ministry of Labour to get back your money from your former employer in 6 months to 2 years.
"Is it important for me to file a claim within a certain time?"
Here is reference for two years to file a claim -- http://www.gov.on.ca/LAB/esa/esa_e/claim_e.htm(http://www.gov.on.ca/LAB/esa/esa_e/claim_e.htm):
Two different time limits affect an employee's right to remedy under the
Six-Month/One-Year Time Limit for Recovering Wages
In most cases, an employee must file a written claim with the ministry
within six months of the date when the employee's wages become due in order to recover those wages.
Generally, wages become "due" to an employee on the employee's regular payday. However, if the employee's employment is terminated by the employer, all the money that the employer owes to the employee has to be paid either within seven days after the employee was terminated or on the employee's next regular payday, whichever is later.
If, after beginning the investigation, an Employment Standards Officer finds that:
an employer has repeatedly violated the same section of the ESA;
AND at least one of the violations occurred in the six months before the
claim was filed;
the employee is entitled to recover all wages due for the repeated
violations of the same section of the ESA in the 12 months before the
complaint was filed.
Two-Year Time Limit for Filing a Claim
In some circumstances, an employee can file a claim up to two years after the date on which an employer contravened the ESA.
This includes situations where an employer has violated the provisions
dealing with leaves of absence, lie detectors, retail business
establishments, and reprisals. Reprisals include situations where an
employer has penalized or threatened to penalize an employee for exercising his or her rights under the ESA, including:
- asking the employer to comply with the ESA;
- asking questions about his or her rights under the ESA;
- filing a complaint under the ESA;
- exercising or trying to exercise a right under the ESA;
- giving information to an Employment Standards Officer;
- taking, planning to take, or will become eligible to take a pregnancy,
parental or emergency leave;
- being the subject of a garnishment order;
- participating in a proceeding under the ESA or section 4 of the Retail
Business Holidays Act;
The two-year limit for filing a claim also applies where the employee
believes an employer contravened a non-monetary section of the ESA; for example, the employer didn't give proper meal breaks or failed to provide wage statements. "
You can not declare EI in the earlier next year instead of submit a application form to Revenue Canada to see if you are a real contractor or a employee.
You can be employee of the agent for client of them. agency will pay you CPP,EI,INSURANCE and benefits.
Here are three things you can do if you feel that you are being wrongfully dismissed.
Do not sign anything until you are sure that the amount of notice you are getting is reasonable and fair. Do not accept a demotion or transfer if you do not feel it is justified. If you accept the money or a demotion or transfer without question, you may lose your right to sue if you later decide it was not enough or it was not fair.
Start looking for a job right away, if you are dismissed. Even if you sue you employer and win, you have a duty to minimize your losses. Talk to a lawyer as soon as possible. Every wrongful dismissal situation is different and a lawyer can give you advice about what is reasonable and fair in your case.
If you are not given notice on termination or termination pay, as required under the Act, the employer is guilty of an offence and liable to a fine of up to $50,000, six months in jail, or both. If the employer refuses to pay, contact your local Employment Standards Branch at the Ministry of Labour. Their staff has the authority to collect the amounts outstanding. Even if your employer has shut down the business or has declared bankruptcy, you should still contact the Employment Standards Office. A new program called "Employee Wage Protection Program" has monies available to satisfy wage claims in these circumstances and it is administered by the Employment Standards Branch.
If the officer thinks that your employer might not have followed the Act, you may want to file a claim.
A claim is a statement of how your employer broke the rules in the Employment Standards Act.
In that case, your employer must pay you all wages owing within seven days of your last day of work. These amounts must include all vacation pay owing. Your employer must provide your "Record of Employment".If you are not given written notice, you must be paid termination pay, or pay in lieu of notice. Termination pay is a lump sum payment that is equal to the wages you would have been paid during the period of notice that the ESA specifies you receive. Your employee benefits must be continued for the same period.If your employer claims to have fired you for just cause and you dispute this, you may have a cause of action against your employer for wrongful dismissal. If that is your situation,
you may want to refer to the Law Society's page on Wrongful Dismissal.＜本文发表于: 相约加拿大:枫下论坛 www.rolia.net/f ＞