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Some employers, however, hire employees on a contract for a fixed term, called fixed-term contract employees. Fixed-term contract employees may be defined not only by a definite period of time but also by the duration of a specific task or by a specified event.
While employees in Ontario have rights under the Employment Standards Act (the ESA), independent contractors do not. For example, under the ESA, most employees are entitled to paid overtime, paid vacation, and reasonable notice of termination. Independent contractors are not.
It is not necessary to have signed an employment contract to work in Ontario. However, there are many reasons why it might be a good idea to have one anyway. The terms and conditions provided by Ontario legislation such as the Employment Standards Act are minimum terms and conditions, not maximums.
Temporary employees and contract workers fulfill short-term business needs. A temporary worker is your employee or an employee of a staffing agency, whereas an independent contractor is a business entity, such as a sole proprietor or limited liability company (LLC).
A business may pay an independent contractor and an employee for the same or similar work, but there are important legal differences between the two. For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes.
The largest incentive for misclassifying workers is that employers are not required to pay Social Security and unemployment insurance (UI) taxes for independent contractors. These tax savings, as well as savings from income and Medicare taxes results in employers saving between 20 to 40 percent on labor costs.
Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.
According to Businessweek Magazine, employers can save up to 30 percent by hiring an independent contractor because they avoid paying payroll taxes, unemployment insurance, workers' compensation and disability, as well as benefits that include pensions, sick days, health insurance and vacation time.
They do this because independent contractors are not covered by unemployment and workers' compensation, or by federal and state wage, hour, anti-discrimination, and labor laws. In addition, businesses do not have to pay federal payroll taxes on amounts paid to independent contractors.
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.