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Determining the Employer/Employee Relationship - IPG-069
The purpose of this IPG is to ensure a uniform national application to determine the existence of an employer/employee relationship. When investigating the matter of employer/employee relationship, the inspector/health and safety officer shall examine the total relationship that exists between the parties utilizing the various criteria set by the courts.
Table of Contents
- Subject
- Background
- What is a contract of service and a contract for service?
- Importance of employee status
- Common Law tests in determining an employment relationship
- Making a determination for the purpose of the Canada Labour Code
- Gathering of the information
- Assessing the information and making a decision
- Conclusion
- Appendix A: Chart - graphic illustration of the points which differentiate an employee and independent contractor
- Appendix B: List of cases
- Appendix C: Questionnaire – Payer
- Appendix D: Questionnaire – Worker
- Appendix E: Assessment Guide
- Appendix F: Letter to Payer
- Appendix G: Letter to Worker
- Appendix H: Decision Letter – Payer
- Appendix I.1: Decision Letter – Worker – Employee
- Appendix I.2: Decision Letter – Worker – Independent Contractor
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