When is an Independent Contractor an Employee? Defining a worker.

 When is an Independent Contractor an Employee? Defining a worker.

A worker is anyone you employ in your business under a contract of service or apprenticeship. In this relationship you will, for example, set:

·         The nature and place of work

·         When it is performed, and

·         How it is performed.

In some cases an unpaid employee may still be considered a worker (e.g. training participant).

A family member, including spouse, children and other relatives, employed under a contract of service and receiving earnings is considered a worker. Their earnings must be included in the premium calculation.

Workers can be employed either full-time or part-time, including:

·         Seasonal, temporary or occasional employees

·         Students, apprentices and learners

·         Training participants.

·         Domestics working for you for more than 24 hours a week.

Contractors hired under a contract of service may also be workers. Please see the section onContractors.

Executive officers

The WSIB considers executive officers to be a select group of individuals who control the direction of the entire organization rather than just a department or branch. The WSIB has the authority to determine who is an executive officer. For a complete list of positions eligible for executive officer, see below.

If you are incorporated and you consider one (or more) of the individuals on your payroll to be an executive officer, you must be able to demonstrate that the individual in question:

·         Holds a position (as corporate officer or director) listed on the chart under “Limited liability companies” and is named in your corporation’s minute book as holding this position; and

·         Does in fact perform the duties and executes the responsibilities of an executive officer, as defined by the WSIB.

Individuals confirmed as executive officers by the WSIB are not considered workers unless they have optional insurance.

An individual such as a sole proprietor, a partner, or an independent operator who incorporates, is not considered an executive officer.