Contractor status

[temile]

Hi All,

Since I moved in Canada in 2010, I’m working as a contractor for a company XX. But basically my employer is the recruiting agency since they made the contract, they pay me via payroll every 2 weeks and they provide me a T4 at the end of the year. Then first question,

1 - I’m working as a contractor who could be assimilated to self-employee and maybe it is BUT:
- I get a T4 every year and I pay taxes
- They deduct the EP and CPP on every payroll every 2 weeks
- I don’t have a business
- I’m working at my company’s office
- I work at least 37, 5 hours per week.
Am I still self-employee?

2 – Work period
- June 10th 2010 to April 02 2011 ( then I took 3 months off )
- July 19th 2011 to now
Since I’m working as a contractor, that means I work at least 37.5 hours but sometimes I’ve worked more and sometimes I’ve took some days off (it’s not paid). How should I calculate the 2 years of experience then ?

 

[ujbaby]

T4's shows that ur not self employed and u need notice of assesments as well.. if u can get reference letters from ur employer stating ur duties/responsibilities, with ur t4s and NOA, i guess u will be fine.. Maybe seniors can suggest for u as well. gudluck

 

[jes_ON]

1 - I'm working as a contractor who could be assimilated to self-employee and maybe it is BUT:
- I get a T4 every year and I pay taxes
- They deduct the EP and CPP on every payroll every 2 weeks
- I don't have a business
- I'm working at my company's office
- I work at least 37, 5 hours per week.
Am I still self-employee?

No, if the information above is correct, you are not self-employed, you are a contract employee. So your experience can be used for the CEC program. Just make sure you get a T4, not a T4A...

2 – Work period
- June 10th 2010 to April 02 2011 ( then I took 3 months off )
- July 19th 2011 to now
Since I'm working as a contractor, that means I work at least 37.5 hours but sometimes I've worked more and sometimes I've took some days off (it's not paid). How should I calculate the 2 years of experience then ?

Assuming you are qualifying as a temporary foreign worker - You must work a minimum of 24 months (104 full-time weeks).

Basically, any week in which you work at least 37.5 hours counts as 1 week of full-time employment. It doesn't matter if you work more than that, it is still 1 week of full time employment.

Any week where you work less than 37.5 hours per week is considered part-time. Add up all the hours for part-time weeks, and divide by 37.5 - that will be the number of "full-time equivalent" weeks -

Any week where you don't work and don't get paid - you cannot count. That's odd, tho, I would expect that a contract employee would still get some kind of paid vacation...

 

[temile]

Thanks a lot for these information, it is very helpful. On my working visa, the name of my recruiting agency shows up, so :
1 - The reference letter, should I ask my company X or my recruiting agency to write it ?

2 - On the CEC form, when metionning my past experience, should I mention that I work for my company X or my recruiting agency ?

3 - Are they really going to check every single week I worked with my company to see if it's a part time or full time week ? How are they going to do that..I am not supposed to send every single payroll, am I ?

In my mind the less I mention the recruiting agency the better it is but in another way, the company on my working visa is the recruiting agency and the 2 contracts that I have signed are with my recruiting agency as well.

 

[jes_ON]

If the "recruiting agency" is the employer named on your work permit, that is the ONLY employer you are authorized to work for. It sounds like they are in fact your employer. Who issues the T4?

 

[temile]

The recruiting agency issues the T4

Does that change anything ?

 

[jes_ON]

It just confirms that the agency is your employer, that is who you MUST get the letter of employment from. Wouldn't hurt to also get one from the clients you've been working with...