By Genny Na and Bill Pashby Most workers are either employees or independent contractors. The distinction is a perplexing one for both organizations and workers alike. However, it is very important. There are a whole host of common law and statutory rights, obligations, and remedies which apply to the employer/employee relationship, but generally do not apply to independent contractors. The parties own definition of their relationship is not the deciding factor; for example, by calling someone an "employee" or calling an agreement an "employment agreement" does not make someone an "employee" at law. A court will look beyond the way the parties have described themselves and assess the true nature of the arrangement based on the parties conduct. Determining Factors The courts will look at a number of factors to determine whether an individual is an employee or an independent contractor. One of the key factors is the amount of control exercised by the organization. The more control an organization has over a worker, the more likely the worker is an employee rather than an independent contractor. For example, an employer/employee relationship is indicated where the organization directs the worker concerning things such as: what work is to be performed; when it will be performed; where it will be performed; and the means to be used to perform it. Another indication is whether the organization has the right to suspend or dismiss the worker. Factors that indicate an independent contractor relationship include where the worker has control over the project, owns the tools, and has some chance of profit and/or risk of loss in the endeavour. Health Care Workers Most nurses working in a hospital are employees of the hospital. Most physicians working in a hospital who operate a private practice are independent contractors and not employees of the hospital. Usually medical technicians are employees of hospitals or medical clinics. Whereas physiotherapists are sometimes employees and sometimes independent contractors. It all depends on the actual relationship, not on what the workers are called, what they think they ought to be treated as, or how they designate themselves in their income tax returns. Implications for Workers Under the common law, employees are entitled to reasonable notice of termination or pay in lieu thereof. Conversely, there is generally no requirement to give notice of termination to independent contractors. Employers may be vicariously liable for the actions of employees, but not those of independent contractors. In addition to provincial and federal employment standards legislation, there is a significant amount of legislation that governs employment relationships in Canada that does not apply to independent contractors.
Hospital News is North York-based company (Ontario, Canada) with a phone number 4167815516. Our data show that the company is located at the address: 15 Apex Rd. The company has a web site: www.hospitalnews.com.
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