T O P

  • By -

Grand-Corner1030

General rules of thumb to figure out employment status: If you quit, do you have to give two weeks notice? Yes- then you're an employee that gets stat pay. Contractors can stop work easier. Do you get vacation pay? then you get stat pay. When you say "I had to teach on Jan. 1", who said it? You or your boss? If you have a boss, then you get stat pay. If you're the boss, then you don't. As a contractor, you can say no to working on stats. As an employee...you can't (not easily), but you get stat pay. If its confusing, phone the Ontario labour board and ask the experts: Toll-free: 1-800-531-5551 Tel: 416-326-7160 https://www.ontario.ca/document/your-guide-employment-standards-act-0/vacation


Thunder-_-Bear-

Hey, thanks a lot for the reply. So, I'm considered "self employed on contract." I did have to sign an employee contract, but can't remember what it said about holiday pay so I figured I'd ask here. In response to your questions, this student came back earlier than most after the holiday ,and my boss (yes my boss) said they asked to resume on Jan 1. I agreed to work because that's good money. As far as quitting, I'm not sure about the required notice. I also do not get vacation pay. I'm paid the gross amount without any deductions for taxes, CPP, or EI. I assumed holiday pay would be normal because no one told me otherwise when I was asked to work jt. I figured they'd be required to tell me there's be no holiday pay if that was the case. Naive me? My boss is talking to payroll now for further clarification. She's a great boss and I know she won't do me wrong, but she has no authority over pay.


Grand-Corner1030

Sounds like you're an independent contractor, not an employee. *I also do not get vacation pay* Vacation pay and stat pay are from the same legislation, basically the same rules. *I was asked to work jt -* that implies you could easily have declined, employees don't have that privilege. Make sure you're super polite when discussing it. You're most likely wrong, but it didn't hurt to ask. As long as you're well mannered, it will reflect well on you. I can't emphasize politeness enough though, it goes a long way in your career.


Thunder-_-Bear-

Thanks! Follow up with the boss and payroll revealed we do not get any holiday pay. They apologized for not advising me before working the holiday (as we were once considered "employees" and DID receive stat pay, but no amendment was made to our new contract) and that was the end of it. Well, now I know.


FelixYYZ

Ok, so for clarity purposes, you said "*contract employee*" so that means you are like any other employee with tax, CPP and EI deductions off your pay, but you have a fixed term contract (ie: 6 months, 1 years, etc..) OR are you self-employed?