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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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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: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year 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 1 year ago.
I appreciate your response - It's a very ambiguous area unfortunately.
Expert:  Debra replied 1 year ago.

It is for sure. I am sorry about that.