In a rapidly changing economy, a wide range of alternative work arrangements including temporary contracts, gig work, and freelance work are becoming more and more popular. Such relationships fall outside of the scope of many pieces of legislation that govern the workplace and individuals in these arrangements are considered independent contractors, not employees. Independent contractors also work in more traditional work arrangements, and are classified as independent contractors, not employees, for a variety of reasons.
If you are involved in a non-traditional work relationship or are otherwise working under an independent contractor agreement, you should consult with an employment lawyer for guidance and advice. The Toronto employment lawyers at Sultan Lawyers can review any contract or agreement you may have with a company, help you understand the scope of your workplace relationship, and ensure that the necessary safeguards are in place to adequately protect your rights. We always think outside the box and find innovative solutions to the most challenging issues in the modern and ever-changing workplace.
Employers are often under the mistaken impression that classifying someone as an independent contractor or consultant will allow them to avoid certain legal obligations. In some cases, individuals are hired on a series of repeating short-term contracts, instead of a standard employment agreement, or their employment contract labels them a consultant or independent contractor. These are often ways in which employers attempt to circumvent employment legislation. However, a workplace relationship is based on much more than just a job title, label, or contractual agreement.
If there is a dispute over a worker’s status (i.e. whether they are an independent contractor or an employee), a court will review more than just the agreement in place between the parties and will look at what a worker does on a day to day basis.
Factors that will be considered include:
Employees who are working as independent contractors (including freelancers, gig workers, and others) may be entitled to additional protections under the law, depending on what the actual day to day realities of their job entail, and despite what it may say in any agreement they may have with the organization they work for.
If you have questions about your relationship with the organization or organizations you work for, contact the Toronto employment lawyers at Sultan Lawyers. We can help provide clarity and guidance and will ensure that you are protected at work. Contact us online or at 416-214-5111 for a consultation.
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