Bill 148 – The Fair Workplaces, Better Jobs Act, 2017 recently received royal assention and includes a number of changes to the Employment Standards Act (ESA) the largest change affecting the independent contractor market is a new section which prohibits employers from treating a person who is their employee as if the person were not an employee. Specifically the changes state:
5.1 (1) An employer shall not treat, for the purposes of this Act, a person who is an employee of the employer as if the person were not an employee under this Act.
Onus of proof
(2) Subject to subsection 122 (4), if, during the course of an employment standards officer’s investigation or inspection or in any proceeding under this Act, other than a prosecution, an employer or alleged employer claims that a person is not an employee, the burden of proof that the person is not an employee lies upon the employer or alleged employer.
To assist employers we have developed a risk claculator that independent contractors can take to determine whether they may be at risk of beind deemed an employee by an employement standards agent.