How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96413
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

I run car hauling trucks in Alberta. I have two gents that

Customer Question

I run car hauling trucks in Alberta. I have two gents that work for me hauling cars and they both receive commission for their work. I had them sign a contract where it states they must have have a limited company, and they both do. According to Alberta employment standards, they could be considered an employee according to their 4 guidelines. The two that concern me are;
1. They do not own my trucks or lease them, and they do not pay for fuel.
2. The other is the ability to profit (Here I feel they can, because and for example, I have one guy who earns appx $4500 every two weekks and the other earns about $2500 for the same period - So therefore depending on the time, and how fast they work, they pay is reflective).
They control the times they start and what routes they take to the dealerships, I do not control whether they work solely for my company, (they are able to work for others, is they desire, and they also fix and maintain my company's equipment on their own if they desire to make extra funds)
Considering they have limited companies, what would be your thoughts on the matter, so I may govern myself accordingly?
Thank you
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

There is no clear answer to your question.

But generally both the CRA and Employment Standards consider who directs how they do the job, who sets the days and hours of work, who owns the materials, whether they can work for others etc.

Both also consider what the contract looks like and it helps you to have a contract with a corporation rather than with an individual.

It would also be best if they invoiced you, on their letterhead, setting out the hours that they worked, their rate etc

Does that help?

Customer: replied 9 months ago.
I appreciate your response - It's a very ambiguous area unfortunately.
Expert:  Legal Ease replied 9 months ago.

It is for sure. I am sorry about that.

Related Canada Law Questions