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Employee or Self-Employed? - Timmins Economic Development ...

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<strong>Employee</strong> <strong>or</strong> <strong>Self</strong>-<strong>Employed</strong>?It is imp<strong>or</strong>tant to determine whether a w<strong>or</strong>ker is an employee <strong>or</strong> a self-employedindividual. Often a person thinks they are self-employed, but in reality, RevenueCanada and the W<strong>or</strong>kplace Safety and Insurance Board would actually considerthem to be a w<strong>or</strong>ker, which impacts both the employer and the w<strong>or</strong>ker.When examining whether <strong>or</strong> not a person is an employee <strong>or</strong> a self-employedindividual, the key question to ask is whether <strong>or</strong> not the person is engaged toperf<strong>or</strong>m services as a person in business on their own account, <strong>or</strong> as an employee.To do this, Revenue Canada examines the total relationship between the w<strong>or</strong>kerand the payerA person is considered an employee if:o They are a sub<strong>or</strong>dinate. The payer will often direct, scrutinize, and controlmany elements of how the w<strong>or</strong>k is perf<strong>or</strong>med.o The payer controls the w<strong>or</strong>ker with respect to both the results of the w<strong>or</strong>k andthe method used to do the w<strong>or</strong>k.o The payer determines and controls the method and amount of pay.o The w<strong>or</strong>ker requires permission to w<strong>or</strong>k f<strong>or</strong> other payers while w<strong>or</strong>king f<strong>or</strong>this payer.o The payer has pri<strong>or</strong>ity over the w<strong>or</strong>ker’s time.o The payer determines what jobs the w<strong>or</strong>ker will do.o The payer supplies the tools and equipment required by the w<strong>or</strong>ker.o The w<strong>or</strong>ker cannot hire helpers <strong>or</strong> assistants.o The w<strong>or</strong>ker does not have the ability to hire and send replacements.A person is considered self-employed if:o They do not have anyone overseeing them.o They are free to w<strong>or</strong>k when and f<strong>or</strong> whom they choose and may provide theirservices to different payers at the same time.o They can accept <strong>or</strong> refuse w<strong>or</strong>k from employers.o The relationship between the person and the payer does not present a degreeof continuity, loyalty, security, sub<strong>or</strong>dination <strong>or</strong> integration.o Someone self-employed provides the tools and equipment required f<strong>or</strong> thew<strong>or</strong>k, and is responsible f<strong>or</strong> their repairs, insurance, and maintenance.o They supply their own w<strong>or</strong>kspace, and are responsible f<strong>or</strong> the costs tomaintain it.o They do not have to perf<strong>or</strong>m the services personally. A self-employed personcan hire another party to either complete the w<strong>or</strong>k <strong>or</strong> help to complete thew<strong>or</strong>k.o The payer has no say in who does the w<strong>or</strong>k.o They are hired f<strong>or</strong> a specific job rather than an ongoing relationship.o They advertise their services and actively market themselves.o They have an established business presence.


o They are compensated by a flat fee and incur expenses in perf<strong>or</strong>ming theservices.It is imp<strong>or</strong>tant f<strong>or</strong> both w<strong>or</strong>kers and payers to know whether the governmentwould consider them an employee <strong>or</strong> self-employed. You may engage someonethat you consider to be self-employed, but during an audit, you’ll have to pay thefee when Revenue Canada determines that they were in fact, an employee. Knowthe difference! Learn m<strong>or</strong>e at www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-06e.pdfF<strong>or</strong> m<strong>or</strong>e inf<strong>or</strong>mation please contact the <strong>Timmins</strong> <strong>Economic</strong> <strong>Development</strong>C<strong>or</strong>p<strong>or</strong>ation at (705) 360-2656.

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