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Precedent for contract workers???

Precedent for contract workers???

JetsMom
Joined: Aug 2018
Posts: 6

JetsMom
Joined: Aug 2018
Posts: 6

Precedent for contract workers???
11/15/2018 at 2:12 AM

There was a lawsuit case against a Dominos, in Ontario, by a former delivery driver! It stated that he did payed hourly work for less than minimum wage! What’s your thoughts on this?
https://www.google.ca/amp/s/www.cbc.ca/amp/1.4903379
JANOLE

Joined: May 2009
Posts: 590

JANOLE
Joined: May 2009
Posts: 590

...
11/15/2018 at 10:17 AM

As a contract worker I feel it is your duty to research what being a contract worker is and what your rights are. If they had known this prior this could have all been avoided. Having said that since they were doing work that a hourly worker was supposed to do they should be compensated for that work.
acidbasement
Joined: Aug 2011
Posts: 484

acidbasement
Joined: Aug 2011
Posts: 484

It's an important legal distinction
11/15/2018 at 11:13 AM

Canada Revenue has clear guidelines about who is a contractor and who is an employee. Check this out: https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc4110/employee-self-employed.html

If you hire people on a contract basis, but require them to work as employees (the distinctions are contained in that document I linked), then guess what - they are employees and you have to pay them at least minimum wage, EI, CPP, vacation pay, etc.

hisluvmonkey
Joined: Oct 2009
Posts: 1442

hisluvmonkey

Joined: Oct 2009

Posts: 1442

Yep-Revenue Canada

11/15/2018 at 12:10 PM

acidbasement said "Canada Revenue has clear guidelines about who is a contractor and who is an employee. Check this out: https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc4110/employee-self-employed.html

If you hire people on a contract basis, but require them to work as employees (the distinctions are contained in that document I linked), then guess what - they are employees and you have to pay them at least minimum wage, EI, CPP, vacation pay, etc. "

They are VERY particular about this, glad acidbasement provided the link.

JetsMom
Joined: Aug 2018
Posts: 6

JetsMom
Joined: Aug 2018
Posts: 6

let’s say
11/15/2018 at 7:54 PM

Let’s say the employer pays the driver as a contract worker, but makes them do all sorts of other types of work? As per say,”paid employee” work?
Brenda..
Joined: Jul 2005
Posts: 9544

Brenda..
Joined: Jul 2005
Posts: 9544

delivery post
11/15/2018 at 8:03 PM

I remember you posting about a "delivery driver" once.

Pretty sure they would not do anything to break rules of employment.
JetsMom
Joined: Aug 2018
Posts: 6

JetsMom
Joined: Aug 2018
Posts: 6

I know
11/15/2018 at 8:38 PM

No, no, I know they wouldn’t break the rules, I’m just trying to make sense of this lawsuit and how the gentleman ended up winning is all! I have no personal connection to any contract workers, was simply curious! Old and curious you could say ha ha
Restart
Joined: Jul 2015
Posts: 327

Restart
Joined: Jul 2015
Posts: 327

..
11/15/2018 at 8:40 PM

I have worked as a delivery driver for awhile, and I always felt as though I was paid fairly! Not sure what other companies paid the drivers, but mine was decent!
acidbasement
Joined: Aug 2011
Posts: 484

acidbasement
Joined: Aug 2011
Posts: 484

More info
11/15/2018 at 10:12 PM

This is Manitoba specific: https://www.gov.mb.ca/labour/standards/docindependent_contractorsfactsheet.html#q2020

See the chart at the bottom of the page that compares employees to contractors.
Rural
Joined: Oct 2014
Posts: 51

Rural
Joined: Oct 2014
Posts: 51

surprised it took this long for someone to sue
11/18/2018 at 9:48 AM

delivery drivers are not independent contractors.

They do not choose their own hours, the price they are paid per delivery/shift, cannot hire someone to do it for them to operate more vehicles or if they can't do it, or work for more then one company at a time.