Importance of Determining the Correct Status
Workers who consider themselves to be self-employed or are considered self-employed by a work provider may nonetheless be considered employees according to our criteria. Employers sometimes encourage certain employees to become self-employed. However, the fact that both parties are in favour of this change does not mean we will consider the worker to be self-employed.
We may, in the course of an audit, assess the situation and conclude that a worker identified as a self-employed person is actually an employee. The employer will then have to pay the employer contributions that should have been remitted.
Help in determining a worker's status
If the work provider and worker disagree on the worker's status, they can ask us for a ruling by filing the following forms:
- Application for Determination of Status as an Employee or a Self-Employed Person (form RR-65-V)
- Questionnaire to Determine the Status of an Employee or a Self-Employed Person (form RR-65.A-V)
The Canada Revenue Agency also publishes a guide entitled Employee or Self-Employed? (RC4110), which is intended for work providers and workers.