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@@ -399,6 +399,54 @@ accomplishment of a clearly defined task but does not normally require that the
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party do anything him/herself. A person who carries out a contract for service may be
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party do anything him/herself. A person who carries out a contract for service may be
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considered a contract worker, a self-employed person or an independent contractor.
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considered a contract worker, a self-employed person or an independent contractor.
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A business relationship is a verbal or written agreement in which a self-employed individual
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agrees to perform specific work for a payer in return for payment. There is no employer or
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employee. The self-employed individual generally does not have to carry out all or even part
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of the work himself. In this type of business relationship, a contract for services exists.
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The self-employed individual is required to produce a given result within a period of time in
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the manner he deems most appropriate. While performing the work, he is not under the
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orders or control of the person for whom he is doing the work and he can use his own
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initiative in matters that are not specified or determined at the outset. The payer is not
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normally involved in the performance of the work and, therefore, has no control over it.
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Under a contract for service, a self-employed individual assumes the chance of profit and risk
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of loss. By agreeing, before he is engaged, to establish the overall cost of the work to be
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done, owning his tools and instruments and being solely responsible for the manner in which
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the work is done, the self-employed individual assumes all risk of loss resulting from events
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that occur during the course of the work which were not, or could not, be foreseen when the
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contract was negotiated. If, on the other hand, the work is completed sooner or more easily
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than expected, the contractor's profit will be greater.
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A contract for service is often used when an organization wishes to have work done which
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does not fall within its usual scope of operations. The relationship between a payer and a
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self-employed individual and that between an employer and their employees are sometimes
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quite similar. The main difference between the two relationships is that, in a contract for
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service, the party paying for the service is entitled to dictate what is to be done or what result
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is to be achieved; whereas, in a contract of service, the employer is also entitled to stipulate
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the manner in which the work is to be done.
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Under a contract for service, the person for whom the work is being done exercises general
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supervision. He can and should see that the work is completed in accordance with the
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agreement, but it is not up to him to give orders to the self-employed individual regarding the
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manner in which the work is to be done. The mere fact that a self-employed individual
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receives general instructions from the project manager concerning the work to be done does
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not mean that he can be considered an employee.
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An employee-employer relationship is deemed to exist where the organization exercises, or
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has the right to exercise, direct control over the individual. If the organization is unsure as to
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whether or not a relationship exists, the Canada Revenue Agency (CRA) form Request for a
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CPP/EI Ruling – Employee or Self-Employed? – CPT1 should be submitted to the CRA. A
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sample of the CPT1 form is provided at the end of this section.
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Independent contractors or self-employed individuals are not considered employees of the
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organization provided no employee-employer relationship exists. Persons who are truly selfemployed individuals will submit invoices and be paid through accounts payable. However,
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the submission of an invoice to accounts payable is not sufficient to determine if the
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individual is self-employed.
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Factors Determining the Type of Contract
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Review Summary
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Review Summary
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