Seeking Advice: Hired by a Staffing Agency, De Facto Employee?

[sharad.malhotra1995@gmail]

Hi everyone,

I’m in a bit of a dilemma and would really appreciate your insights!

I was hired by a placement/staffing agency, and they assigned me to work for a client. The client sets my fixed working hours and controls all of my duties. They even provided me with a laptop to work on. The payment process is like this: the client pays the staffing agency, and then the agency pays me. While they’ve been deducting CPP and EI, they have not been deducting tax. I also have a written contract with the staffing agency that outlines the number of hours I work and my hourly rate.

Here’s where it gets tricky: the contract states I’m an independent contractor, but given the circumstances, I feel like a de facto employee. I’ve received T4s and payslips, which adds to the confusion.

Has anyone else been in a similar situation and successfully applied for CEC eligibility? My job category falls under the accounting NOC code, and I’ve been getting mixed responses when trying to figure out my eligibility for the Canadian Experience Class (CEC).

Any advice or shared experiences would be greatly appreciated!

 

[Naturgrl]

Hi everyone,

I’m in a bit of a dilemma and would really appreciate your insights!

I was hired by a placement/staffing agency, and they assigned me to work for a client. The client sets my fixed working hours and controls all of my duties. They even provided me with a laptop to work on. The payment process is like this: the client pays the staffing agency, and then the agency pays me. While they’ve been deducting CPP and EI, they have not been deducting tax. I also have a written contract with the staffing agency that outlines the number of hours I work and my hourly rate.

Here’s where it gets tricky: the contract states I’m an independent contractor, but given the circumstances, I feel like a de facto employee. I’ve received T4s and payslips, which adds to the confusion.

Has anyone else been in a similar situation and successfully applied for CEC eligibility? My job category falls under the accounting NOC code, and I’ve been getting mixed responses when trying to figure out my eligibility for the Canadian Experience Class (CEC).

Any advice or shared experiences would be greatly appreciated!

No confusion as this is quite common. You are employee of the staffing agency.

 

[sharad.malhotra1995@gmail]

No confusion as this is quite common. You are employee of the staffing agency.

I did my CPP/EI ruling it states

"You were not an employee. However, your services were insurable under paragraphs 5(1)(d) of the Employment Insurance Act and 6(g) of the Employment Insurance Regulations because:
- ***** is a placement agency
- this agency placed you in employment with one of its clients, *****
- this agency paid you to perform services for this client
- you were under the direction and control of this client"

in contract it itself written self-employed.
Could you redirect me to any lawyer or consultant that handled this kind of case?

 

[Naturgrl]

I did my CPP/EI ruling it states

"You were not an employee. However, your services were insurable under paragraphs 5(1)(d) of the Employment Insurance Act and 6(g) of the Employment Insurance Regulations because:
- ***** is a placement agency
- this agency placed you in employment with one of its clients, *****
- this agency paid you to perform services for this client
- you were under the direction and control of this client"

in contract it itself written self-employed.
Could you redirect me to any lawyer or consultant that handled this kind of case?

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