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Does anyone know the true definition of a sub contractor/ Independant contractor?

I think my boss is screwing me over. She has it stated that I am a "sub contactor" , even though she dictates how much vacation time, and sick days I can take off. She is also the one who sets the wage I work for. Is it just me, or is this backwards? I have been working at this place for 11 years now, and I am not sure what rights I have. If anyone has any GOOD and helpful advice, it would be much appreciated. I have tried to find info, but I'm not sure what is right or wrong. Does anyone know of someone I should speak too? I live in Ontario, Canada. I am a music teacher at a privately run music school. My "employer" does not pay my CPP or my EI. I know if I am self employed I pay for these myself, which I have been doing. However; shouldn't it be myself giving her the contract to sign, with my rates and expected vacation time? If I get none of the benefits that a regular employee would get, which no one is there, then my boss obviously has it backwards just so she doesn't have to take taxes off my cheque. The other thing is, if I decide to take a vacation, when I come back, I have to make up all the lessons that I have missed with my students, which means I work 6 days a week. If she is still continuing to pay me for my vacation, but I have to come back and re-do lessons I've missed. Does that make any sense? She refuses to find another person to fill in for me, because I have voice and piano in my program. Thanks for the help in advance!

Asked By: Zuzu - 5/1/2008
Best Answer - Chosen by Asker
A subcontractor is a person who performs work under a contract with a general contractor, rather than the employer who hired the general contractor. Determining whether someone is a subcontractor depends on the facts in each case, but is generally determined by whether control over the manner and methods of the work is... More
Answered By: julie - 5/1/2008
Additional Answers (5)
a subcontractor is someone who works under a boss so i think she is right, but if you're interested in your rights and stuff then look at your contract and get a lawyer
Answered By: k m - 5/1/2008
 
The best one to check with is the IRS. Contractors/Owners can not set the hours of a sub-contractor or they risk them becoming an employee. In some cases owners/contractors want a person to be a independant contractor to get around the with holding taxes (7.5% SSI for one) and you are pretty much ....... if you get... More
Answered By: kkelly58 - 5/1/2008
 
Well, sounds wrong to me,do not let her do this,she is taking advantage of you and too many ppl do this,and it is wrong... More
Answered By: initialbad - 5/1/2008
 
If she is the General contractor and your company is hired to do a job for her, your her sub contractor but you should have a written contract with terms between the two companies. I am not sure but I think Independent and sub are similar. Your contract should help you with the situation you have with this person... More
Answered By: twinkie - 5/1/2008
 
a "SUB CONTRACTOR" is a contractor that does work for another contractor who has a/the contract. an INDEPENDENT CONTRACTOR is one finds their own work, and may even sub it out to another contractor and make money off of them. being a contractor, YOU decide how much and how often YOU want to take off for whatever reason... More
Answered By: andy h. - 5/1/2008
 
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