Contract Job Experience confusion

[stevejk]

One is deemed to be the Employee even for the agency as long as it satisfies the "contract-of-service" criteria. The link http://www.cra-arc.gc.ca/tx/hm/xplnd/itc-eng.html and http://www.cra-arc.gc.ca/tx/hm/xplnd/plcmnt-eng.html (placement agency) both share the same info.

I just wanted to point out another thing that when we digitally sign off on the information that we are providing, it clearly stats that "it is to the best of our knowledge" and to the best of my knowledge "I deem myself to be an employee and not self-employed"

@Dilbert

Thanks man!

 

[pziegler1986]

@ pziegler1986

My accountant actually deemed me to be an employee of the client I worked for, not the agency. The agency didn't withhold any pay, as I was paid everything and had to pay my own taxes, GST, etc. I never paid any CPP or EI. But the argument on me being an employee of the client is that I was a Personal Service Business - working at their location, on their equipment, etc.

The following excerpt from http://www.cra-arc.gc.ca/tx/hm/xplnd/itc-eng.html sums up my position exactly:


Example of an employee

The payer requires the IT consultant to provide their services at the payer's place of business (or other location where their mandatory presence is required) using some of the payer's equipment. The payer may also require that the IT consultant work as part of a team, follow a certain work schedule, be available at certain times, ask permission to be absent or to take vacation, and have their hours monitored through the use of time sheets or a punch clock. The payer may require that the IT consultant work at the same time and in the same location as the payer's employees. These facts would support the conclusion that the worker is an employee. When looking at the total relationship of the parties, it is reasonable to conclude that the payer monitors, directs, or controls or has the right to monitor, direct, or control how the worker does the work (whether the payer exercises this right or not).



Thanks

Who pays you is really what mattes - this from the CRA:

Whether the agency or the client pays the worker is not a factor relevant to determining the pensionability of the employment. However, whoever pays the worker is deemed to be the employer and is liable to deduct and remit CPP contributions.

If your agency is paying you - then they are the deemed employer.

You say the agency didn't withhold any pay? They are breaking the law if so - they are legally required to pay CPP/EI on your behalf.

 

[pritish87]

Hi there,

I Need a help here, I am in a similar position here working as a independent contractor and I am incorporated.
I have a 6 months of permanent job experience and later now I am working as a IT contractor with a company and its almost 7 months.
But my experience isn't counted if i add the later experience as self employed due to which i couldn't manage to get my points above 450.

Now my question like i read in above thread is similar should I check mark the self employed or not?
The place I am working are now willing to extend my contract for another 6 to 8 months and now I am in a deli-ma whether to continue and whether my experience be counted for CEC.

Any help is appreciated,

 

[stevejk]

For anyone in this position I would recommend that they contact the CRA and see whether they are deemed to be self-employed or not.

I have just had contact from the CRA, and they advised me that I was definitely not self-employed, and that I was actually an employee of the firm I worked ford, and a deemed employee of my incorporation. The CRA officer was absolutely adamant that I was never, and could never be, considered to be self employed. They spent 50 minutes on the phone explaining this situation.

Information on request a ruling from the CRA is available here:
http://www.cra-arc.gc.ca/tx/hm/xplnd/rlng-eng.html

I'd advise anyone to contact the CRA first and see what they say.

 

[polestar123]

Hello everyone.... I am a doctor who worked on contract basis in central government scheme in a polyclinic for 3 years. I am claiming points for same and have got the ITA. After contract was over, my job was also over. Now in personal history do i need to mention activity as employment or government?? my job was contractual.. no benefits i had like regular govt employees.. kindly help.. its urgent

 

[Barkat Patel]

Hello
I have one question regarding the work experience for PR. I have just got graduate with millwright course- may 2019 and if I am working with any agency like work force or Levert in Sudbury, ON and I am working in any company and the agency gives me the job title which comes in Noc, O,A or B to work for that company so this experience is counted in PR..?

 

[Mohitkason]

@vinesh: Well that's great news. I do not have a sample of the reference letter as of now. I am currently in the midst of getting one for myself from the agency and my client. Hopefully in the coming days i'll post one up. Thanks for the reminder, imam go kick my recruiter for delaying that.

Can you post it here, if you still have saved it somewhere.

 

[Navyelec]

My company has written in my Experience letter that i am working with them since August 2015 on contractual basis and i am currently employed by the same company. Will this letter be enough for showing experience for express entry?

 

[khalsa.pradeepsingh]

For express entry only full time non seasonal jobs are required. If you are full time even on contract then you are eligible. See the link

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1317&top=29

 

[khalsa.pradeepsingh]

My company has written in my Experience letter that i am working with them since August 2015 on contractual basis and i am currently employed by the same company. Will this letter be enough for showing experience for express entry?

Yes you are eligible

 

[Calgary_123]

Does anyone knows who have got points and their application completed and received PR for FSW for Canadian Self employed (incorporation 9-5 kind of job) experience?

Thanks

 

[Anujna]

Well this certainly gives me a better understanding of your status. Your work exp is more than 1yr but less than 2 yrs with or without the 5mnths self-employed, hence I would suggest you completely leave the 5months out else it'll only be a hassle for you to gather all the paperwork as there are no additional pts for 1.5yr of work exp. Better to leave things out than to be deemed as misrepresentation and panic. As far as the job title goes, you can mention both the titles in the reference letter since you worked for the same company. It's the Duties/Roles & Responsibilities that CIC looks for. Both NOC 2171 & 2173 would fall under the same category according to this link:
hrsdc.gc.ca/NOC/English/NOC/2011/ViewAllTitlesQuickSearch.aspx?val=2&val1=2171&val65=2171

If the HR can form a link between the duties you perform and reference the HRSDC website then yea, it would be a safer option, else don't worry about it, just a title should be enough. Even better, if you can draft your own sample reference letter according to CIC and then have the HR sign it and print it on a letter head.

Considering your score, I can say for sure that you will get an ITA soon, I still have to bump up my score. Good Luck

I am in the similar situation.

I have 6 months of "sole proprietor" job with a company. Next 6 months as "contract employee" with the same company. And nor "Full time" employee.

I have T4 forms for 1.5 years (all except sole proprietor). I was thinking of excluding that and putting all other experience. My concern is do I need to provide an LMIA for this?

 

[Patelpk]

Hello,
I am just little bit confused about the EE work experience eligibility.I started noc level b job in july 2020 after 3 months contract was ended after that I started new job on October 2020 as this is also 6 month contact base so this 9 month experience is valid on EE profile both are full time noc b level job and not from the agency.Thanks in advance.

 

[khalsa.pradeepsingh]

Hello,
I am just little bit confused about the EE work experience eligibility.I started noc level b job in july 2020 after 3 months contract was ended after that I started new job on October 2020 as this is also 6 month contact base so this 9 month experience is valid on EE profile both are full time noc b level job and not from the agency.Thanks in advance.

First of all its okay to have broken experience ee does not need continuous experience.
Secondly in those 9 months you have to work every week at least 30 hours.
And finally for ee you need 12 months experience for eligibility. And in 12 months every week minimum 30 hours

 

[Patelpk]

First of all its okay to have broken experience ee does not need continuous experience.
Secondly in those 9 months you have to work every week at least 30 hours.
And finally for ee you need 12 months experience for eligibility. And in 12 months every week minimum 30 hours

Thank you for your reply. Does it mention in IRCC Website ?