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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99982
Experience:  Lawyer
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I want to hire a nanny on a short-term basis (5 or 6 weeks,

Customer Question

I want to hire a nanny on a short-term basis (5 or 6 weeks, depending on which nanny we go with) so that they can look after my children while I re-hab my the herniated disc in my back. Is this considered an employment arrangement with all the attendant obligations with respect to payroll deductions or vacation pay, or would this be considered contract work. It will be full-time, 40 hours a week.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
This would likely be seen as an employment arrangement if this ever comes to light. The fact is that it's not about the length of the contract but whether the relationship meets the criteria of being an employer/employee relationship or not.Generally, the CRA or the Employment Standards Branch, looks at whether the person can work for others, whether he/she sets the hours, who directs how the work is done, who supplies the materials etc. Do you see what I mean?
Customer: replied 2 years ago.
Are you familiar with Employment standards in BC? When I phoned that branch they said all they cared about was whether or not the person was paid minimum wage. I don't necessarily trust that the person on the phone knows precisely what they are talking about. Do you know if there is anything else to concern myself with regarding the BC Employment Standards Act (briefly, I know I only have 8 minutes left). Thanks!
Expert:  Debra replied 2 years ago.
You would only have a problem if the nanny complained about you later. But otherwise you would not.However, if she did you may have a problem if you treat her as self-employed when she is not.
Customer: replied 2 years ago.
No, I believe she is an employee after what you said, above. I am reading through the workplace standards info just now. It all seems pretty straight forward.If we didn't do all the CRA stuff, and they came back afterwards and said Hey, she's an employee, you need to do X to make amends, do you know what that penalty would be? Would we just have to pay the EI and CPP and things like that? Or do we get, like, a $4000 fine. Thanks!!
Expert:  Debra replied 2 years ago.
It would be paying EI and CPP but you could also get a fine though I can't see it being that high. I suppose you would then be on the CRA's radar as well.

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