Work Experience Calculation and Contract worker

[megadesu]

Hi All,

I have 2 questions hoping to get some advice or experience from here. Thanks.

Sept-Dec, 2014 work as project assistant under full time contract
Jan, 2015 to Present working full time as student counselor

1. If it's okay to still ask the contract job employer to provide a letter, stating the nature of the job. Since other than it's a contract job, I reported to PM and using the equipment the company supplied. I did the job requested or planned by the team leader or PM.

2. The job I am having right know is a full time job. During the probation period, I went back to my home country from Feb 17-Mar 2, 2015. Thus, unpaid and not counted.

However, I took day off on Sept 26, and from Nov 13-Nov 25, 2015 back to home country. This days were still UNPAID. I am wondering if this would be counted?


Thank you for everybody's help!

 

[megadesu]

anyone?

 

[thatguy56]

It really depends if you have sufficient experience in one NOC which is at least a full year on a permanent contract. Your current job is good enough in that area if you have a permanent contract.

 

[megadesu]

It really depends if you have sufficient experience in one NOC which is at least a full year on a permanent contract. Your current job is good enough in that area if you have a permanent contract.

Thank you very much for the advice. Cuz my current work permit expires in early July, so I do really want to apply ASAP if the vacation part and the contract part aren't that confusing to me. As you said, the safest way is to wait until my current job reaches one year without calculating the unpaid vacation.

Just wanna see if there were other people with similar cases.

Thanks again.

 

[jes_ON]

Sept-Dec, 2014 work as project assistant under full time contract
Jan, 2015 to Present working full time as student counselor

1. If it's okay to still ask the contract job employer to provide a letter, stating the nature of the job. Since other than it's a contract job, I reported to PM and using the equipment the company supplied. I did the job requested or planned by the team leader or PM.

I think what you're asking is, will the experience count? If it was contract employment (e.g. term-limited employment), then yes, it counts.

If you were a self-employed contractor in Canada, then no, it does not count.

Did the "employer" give you benefits, withhold taxes, give you a T4? Then it was employment and it counts.

If your "employer" was really a client and you were self-employed, you would have received a T4A and had to pay your taxes yourself. In that case, it usually doesn't count.

 

[megadesu]

I think what you're asking is, will the experience count? If it was contract employment (e.g. term-limited employment), then yes, it counts.

If you were a self-employed contractor in Canada, then no, it does not count.

Did the "employer" give you benefits, withhold taxes, give you a T4? Then it was employment and it counts.

If your "employer" was really a client and you were self-employed, you would have received a T4A and had to pay your taxes yourself. In that case, it usually doesn't count.

Hi,

Thank you for your answer. You are right that's the part I want to know about. And it's confusing in my case, since the way I am paid fits to the self-employed where I had to pay tax myself last year.

However, the part that I am not sure of is if I can argue with the nature of the job itself. Since I reported the manager and had to follow and completed the schedule set out by the manager and director. The daily task or targets were set by team leader and manager which I nearly had any control over the job.

What do you think?

 

[JoacRy]

Hi,

Thank you for your answer. You are right that's the part I want to know about. And it's confusing in my case, since the way I am paid fits to the self-employed where I had to pay tax myself last year.

However, the part that I am not sure of is if I can argue with the nature of the job itself. Since I reported the manager and had to follow and completed the schedule set out by the manager and director. The daily task or targets were set by team leader and manager which I nearly had any control over the job.

What do you think?

Did you get a T4? If yes it's likely you are an 'employee' rather than a 'contractor'.

 

[jes_ON]

Thank you for your answer. You are right that's the part I want to know about. And it's confusing in my case, since the way I am paid fits to the self-employed where I had to pay tax myself last year.

However, the part that I am not sure of is if I can argue with the nature of the job itself. Since I reported the manager and had to follow and completed the schedule set out by the manager and director. The daily task or targets were set by team leader and manager which I nearly had any control over the job.

What do you think?

I'll assume you received a T4a.

Some people in this circumstance have been successful, most have not. I believe you have missed the deadline to request a CRA ruling for work performed in 2014. But this information should help you prepare a Letter of Explanation as to why you believe that the work was a de facto employer-employee relationship.

http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html

If you can afford to wait until you have a full year in your current job, that would be the easiest way to be certain.

But if you want to try using the contract work, just make sure you prepare a good letter of explanation. Any supporting letter (beyond the letter of employment) from your former employer that addresses this would be very valuable. Good luck!

 

[megadesu]

I'll assume you received a T4a.

Some people in this circumstance have been successful, most have not. I believe you have missed the deadline to request a CRA ruling for work performed in 2014. But this information should help you prepare a Letter of Explanation as to why you believe that the work was a de facto employer-employee relationship.


If you can afford to wait until you have a full year in your current job, that would be the easiest way to be certain.

But if you want to try using the contract work, just make sure you prepare a good letter of explanation. Any supporting letter (beyond the letter of employment) from your former employer that addresses this would be very valuable. Good luck!

Hi,

Thank you very much. Yes, I will still wait for the current job I have is full year. Just not sure if I should also tried to include that contract part when I apply. So even though they dont recognize that three months, I still have one year at least.

 

[jes_ON]

Thank you very much. Yes, I will still wait for the current job I have is full year. Just not sure if I should also tried to include that contract part when I apply. So even though they dont recognize that three months, I still have one year at least.

There may be more effort involved than reward, as you won't get any extra points for 3 months.... Still it won't hurt, either.