Question-Angela has an annual contract withStenbach Service Centreto provide property maintenance services; this includes lawn care, snow removal and parking lot maintenance.Angela spends, on average, 20 hours per week working at the company's premises and is paid a flat amount monthly. She hires part-time workers, when necessary, to assist her.Angela does not have any other clients.

Angela uses her own small tools; however the company supplies and maintains a riding lawn mower and a snow plow for her use. Her contact at the company is Chris Moore, the Facilities Manager, who meets with her every Monday to discuss the work to be done that week. Chris approves Angela's monthly invoices and submits them to Accounts Payable.

DoesAngela have a contract of service or a contract for service with Stenbach Service CentreAs the company's Payroll Supervisor, explain to Chris the process and factors you used to make your decision

My answer-As a payroll manager, it is very important to establish the correct relationship between the employer and the employee. To make the decision, the most important things are understanding the terms contract of service and contract for service. I think she is a contract worker because of the terms of the contract for service. First, she contracts written agreement with the Steinbach Service Centre every year, and hiring assistants when she needs help. Also she issues an invoice to the company and receives payments, which are all contract for service terms.

First, she has the contract for service by written agreement contract with Steinbach Service Center annually and she controls her work.She provides service for a definite of time for a fixed amount of money. If she is an employee, she would work on a full-time or part-time basis for a specified or indeterminate period of time, but she is only required to work an average of twenty hours a week. (PCL 1-26) Under contract of service, the employer controls both the results of the work and the method used to do the work. (PCL 1-29) In her case there's no one overseeing her while she's working there, and she controls her work by herself. She only meets with Chris Moore, the Facilities weekly once to update work.

Next, she hired an assistant to get help and paid the assistant for work as a contractor worker. She used her own small equipment for providing service and spending money on buying them. She is responsible for the financial risks and incurs expenses such as helper costs, and purchasing equipment. Example in case of employee cannot hire helpers or assistants, and they can also be required to provide their own tools.

Moreover, Angela issues a monthly invoice to Steinbach Service Centerand her invoices are going to account payable not some kind of payroll department to process an employee reimbursement, which shows that she doesn't get the salary as an employee. Under a contract of service, one party serves another in return for a salary or some other form of remuneration. (PCL 1-26)

The explanations provided above makes it clear that she is under contract for service.

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