The present trend of subcontracting is important enough to address the issue in this guide.
During the past years, the Parity Committee has conducted many investigations in cases of subcontracting and autonomous workers in order to stop the black market and fight this fraudulent non-declared work.
These investigations brought many penal accusations and important salary claims.
More and more employers opt for the hiring of subcontractors instead of employees to perform cleaning services.
It is important to know that even if you have the status of independent worker according to the taxation authorities, you may still be considered an employee according to the Decree. According to this double status, you are entitled to all the benefits provided by the Decree (hourly rate, vacation pay, legal holidays, sick leave, RRSP, etc.).
Attention: The fact of being registered, incorporated or having a tax number does not at all guaranty that you will be accepted as a subcontractor. You must know that in order to accept a subcontract and be accepted by the Parity Committee as an autonomous worker, you must already be in business in a significant manner, meaning that, you must not depend on only one important subcontract or you must have your own employees.
You must also know that the investigations of the Parity Committee during the past years have shown that in the great majority of cases, the persons who are offered subcontracts are paid less than an employee as well as not having vacations, paid holidays and sick leaves. Furthermore, at the end of the contract, they are not entitled to unemployment insurance benefits.
If you already are a subcontractor and want to verify if your employer respects the Law, you may call us. If the Parity Committee determines that you are an employee, we may claim from your employer, at Decree rate and retroactively, your salary, vacations, holidays, sick leaves and the employer's contribution to the employee's RRSP.
To this effect, we suggest that you take note of all your working hours, every day, with the corresponding workplaces and that you keep these notes with a copy of all your billing. These notes may become very useful to enable the Parity Committee to establish the amount of the claim due to you.
- What is the Decree respecting Building Service Employees?
- What is the Parity Committee?
- What are the obligations of your employer?
- The Act respecting Labour Standards, the Act respecting Collective Agreement Decrees and others