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Alberta > Employment Law > The difference between employees and independent contractors

I have a person doing some work for me, but I do not want him to be considered an employee. I signed a contract that says he is an independent contractor. Doesn’t that mean that he is?

No. Written contracts are useful as a guide in determining whether you have an employer/employee or payer/contractor relationship. However, the essence of the relationship is the determining factor, regardless of what appears in the contract.

Just because a person is labeled an independent contractor does not mean that s/he is one. In order to be an independent contractor, the person must meet the criteria that have been developed at common law.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

May 2008
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