Overview
The term independent contractor refers to businesses or contractors who provide a service to individuals or other businesses. Independent contractors are not considered employees, and therefore labour standards legislation does not apply to them.
Determining whether you are an employee, or a contractor is not always a straightforward task. However, an independent contractor typically:
Exercises control over how their work is conducted, including scheduling.
Establishes their own rate of pay.
Owns the tools and equipment they require to complete their work.
Is able to work for multiple clients.
Can hire another individual (or subcontract with another company) to perform the work they were contracted to perform.
Has a financial investment in the business beyond just providing labour.
To avoid meeting the basic employment standards, more and more employers are classifying their workers as independent contractors, rather than employees. This practice is illegal.
If you believe you have been misclassified as an independent contractor by your employer, please contact the Halifax Workers’ Action Centre.