Hiring staff to work in your small business marks an exciting time of growth, and it also comes with extra responsibilities, such as completing paperwork and paying taxes. One of the first things you need to do when you hire is determine how to classify each worker as either self-employed or employee. Properly categorizing workers helps you organize payroll to ensure you comply with all of the applicable laws and regulations, which helps keep your business running smoothly.
The first of the three new benefits is the Canada Recovery Benefit for workers who are self-employed or not EI-eligible and still require income support because their work has not yet returned due.
Whether a person is self-employed or an employee of your company directly impacts the benefits they’re entitled to and the way they’re treated when it comes to income taxes and other legislation. Avoid incorrectly classifying an employee by ensuring that you classify your staff correctly and stay in compliance with regulations, which helps you avoid potential financial penalties to protect your profits. For example, if a staff member should be classified as an employee but you don’t withhold Canada Pension Plan (CPP) contributions and Employment Insurance (EI) premiums, you have to pay those amounts and may owe penalties and interest. But if you correctly classify that worker as an employee and take out all of the required deductions, you keep your business in compliance and reduce your expenses by avoiding potential fees.
If you hire someone as an employee, you get to decide what they do, how they do it, and when they do it. Self-employed individuals have more control over how they do work and even whether or not they accept work from you. Clear classification helps you understand the expectations you can set for someone who completes work for your company.
Is your latest hire your employee or an independent contractor who qualifies as being self-employed? Sometimes, it’s not always easy to tell. Looking at the relationship helps you determine how to classify each person who works for your company in any capacity. Sometimes, the two types of workers seem similar, which is why the Canada Revenue Agency (CRA) breaks it down into greater detail with a two-step process.
Step 1. Ask the intention of the arrangement when the two parties enter it.
Step 2. Ask questions regarding specific factors.
For the first step, ask if it is an employee-employer relationship where the person is under contract of service, or is it a business relationship where you’re contracting for the services the person provides? That key question can often help you figure out the correct classification, it may take a little more questioning to figure it out for sure.
For the second step, these factors include determining who has control over activities, who provides tools, options to subcontract work, financial risks, responsibility for investment and management, profit opportunities, and other relevant details. The answers to those questions help classify the person doing the work.
In Canada, the qualifications of being self-employed include:
On the other hand, signs that a worker is your employee include:
While the general approach to classifying employees in Canada is a two-step process, Quebec uses three steps to decide.
Step 1. Decide on the intent of both parties at the start of the arrangement.
Step 2. Use the Civil Code of Quebec to help distinguish between someone who is self-employed versus someone who is an employee.
Step 3. Look at the control the worker has compared to the control the payer has.
For the first step, you must decide if it’s a contract of service as in an employer-employee relationship, or a contract for services that indicates a business relationship between your company and a self-employed individual.
For the second step, the code involves three primary factors, including carrying out the work, remuneration, and relationship of subordination. Carrying out the work is the same for either: whether it’s an employee-employer relationship or a business arrangement, the worker handles the work. Remuneration is also the same for both. You pay the person doing the work with the option to calculate the pay per piece, based on time, or using another method.
The third factor, relationship of subordination, shows more differentiation between being self-employed and being an employee. Many of the factors are similar to the general Canadian qualifications. In Quebec, an employee typically:
On the other hand, someone who is self-employed in Quebec might:
The final step in Quebec is to look at the intention of the parties as compared to what’s actually happening in the relationship. For example, if the intention is an employee-employer relationship but what’s happening actually aligns more with self-employment Canada, the province of Quebac may decide that the person is actually not your employee.
Many small businesses outsource work to freelancers, especially if they’re not quite ready to hire a full-time staff person for the role. It’s an affordable way to get the work done that you need help with while making it much faster and easier to get that person onboard. You can use the person as much or as little as you need, which helps you control your costs. Here are some additional pros of using self-employed staff:
By using cloud-based software and apps, you can easily manage any contractors you use to complete work. QuickBooks Online lets you record and track how much you spend to pay your self-employed workers. This can help you track the expense and compare it to what you might pay a full-time employee. If you pay independent contractors by the hour, you can use a time-tracking program such as TSheets Time Tracking to monitor how much time they spend on your project.
The app also helps you know how much to pay them. Even better, the app integrates into QuickBooks to automatically transfer the data to your accounting software. Other apps also help manage your relationship with self-employed workers. For example, project management apps such as Mavenlink let you communicate about and track progress on projects your independent contractors handle.
Before using self-employed workers, there are a few things to consider. Here are a few potential cons:
Hiring permanent staff members has many pros. Here are some to consider:
Having a dedicated staff can be a good thing, but it also comes with some potential drawbacks to consider. Time and money are two major factors. Since you’re responsible for handling taxes, CPP contributions, and EI premiums, you’re investing more work hours into employees on an ongoing basis. You have to calculate and remit those payments every month, so it goes beyond more work to onboard employees.
The costs come into play in different areas, depending on the situation. When you hire an employee, your financial obligations may include:
Employees also enjoy more protection from termination than an independent contractor. That’s a good thing for the employee, but it can put you in a difficult situation if you have an employee who consistently performs poorly. You also must meet all of the federal and provincial laws regarding employees, such as how frequently you have to pay, how much you have to pay, overtime requirements, and working conditions.
Taking on more regular employees can increase your managerial load. Independent contractors often feel comfortable working on their own, and they have the expertise to handle the work. Employees may need more guidance, and you likely need to provide continued training, educational opportunities, and licencing if your industry requires it. Taking on the managerial role means you may spend less time working on your actual business.
Hiring an employee comes with certain record and document requirements that you should be aware of. When you hire an employee, you need to handle the following things:
You need to calculate and record those amounts before submitting them to the CRA. To fulfill your employer payroll responsibilities, you need to:
If you have multiple employees, you repeat these steps for each employee, which can take some time to complete. You need to calculate the deductions for each pay period, so your payroll processing may take longer when you keep employees on staff. If you use independent contractors who operate on a self-employed basis, they handle their own deductions for all of the required and optional programs, which means less record-keeping for you.
When you need help in your small business, it’s important to compare the differences between hiring your own employee and entering a business relationship with someone who is self-employed. No matter what relationship you choose, documenting the salary and expenses related to the worker is an important part of keeping your finances under control. 5.6 million customers use QuickBooks. Join them today to help your business thrive for free.
Under the Employment Insurance Act, self-employed Canadians and permanent residents—those who work for themselves—are able to apply for EI special benefits if they are registered for access to the EI program.
This booklet outlines what EI special benefits are available, who can register for them, how they are calculated, and how long they can be paid.
EI special benefits are part of the EI program, which is administered by the Government of Canada.
There are six types of EI special benefits:
If you are a self-employed resident of Quebec, you are already covered for maternity, paternity, and parental benefits under the Quebec Parental Insurance Plan (QPIP). If you choose to register for access to the EI program, you may be eligible for EI sickness, compassionate care and family caregiver benefits only.
You can register if you operate your own business, or if you work for a corporation but cannot access EI benefits because you control more than 40% of the corporation's voting shares. You must also be either a Canadian citizen or a permanent resident of Canada.
However, some individuals who work independently and are not hired as employees cannot register for these EI special benefits for self-employed people because they are already eligible to receive benefits through the regular EI program. These individuals include:
You have to wait 12 months from the date of your confirmed registration before applying for EI special benefits. For example, if you entered into an agreement on November 12, 2020, you will be able to apply for EI special benefits as early as November 12, 2021.
You must meet the following conditions to qualify for EI special benefits:
Yes. If you are applying for sickness benefits, you have to provide a medical certificate as proof that you are ill, injured, or in quarantine. If you are applying for compassionate care benefits, you have to provide medical proof showing that a seriously ill family member needs your care or support. If you are applying for family caregiver benefits, you have to provide a medical certificate completed by a medical doctor or nurse practitioner stating that your care or support is required by your critically ill or injured family member as well as an authorization to release medical information.
If you are applying for maternity or parental benefits, you have to provide the expected date of birth of the child and the actual birth date once it has occurred, or the official placement date in the case of adoption.
You will also be required to elect under which option you wish to claim parental benefits: standard or extended. If you are sharing the parental benefits with the other parent, you will be required to choose the same parental benefit option. The option chosen by the first claimant who completes the EI application will be considered as the option chosen by the second claimant. The choice is final once parental benefits have been paid on a claim. This means that you cannot change between standard and extended once parental benefits have been paid.
If you are eligible for maternity, standard parental, sickness, compassionate care or family caregiver benefits you can expect to receive 55% of your earnings from self-employment up to a maximum amount. For extended parental benefits you can expect to receive 33% of your earnings from self-employment, up to a maximum amount.
In 2021, you can receive up to $595 per week for maternity, standard parental, sickness, compassionate care or family caregiver benefits, based on the maximum insurable earnings of $56,300 for that year. For extended parental benefits you can receive up to $357 per week. (The amount of $357 can be increased if you are eligible to receive the Family Supplement).
The amount of your benefits may decrease if you continue to work or if your business generates earnings while you are collecting EI special benefits.
If you work while receiving special benefits for the self-employed and have served your waiting period, you will be able to keep 50 cents of your EI benefits for every dollar you earn, up to 90% of the weekly insurable earnings used to calculate your EI benefit amount. This 90% amount is called the earnings threshold. If you earn any money above this threshold, we will deduct it dollar for dollar from your benefits.
For more information, visit the Working While on Claim page.
As with any insurance program, you will need to pay premiums. In 2021, for every $100 you earn, you will need to contribute $1.58 in EI premiums up to a defined maximum—the same amount that employees pay. This means the most you will pay in EI premiums for 2021 is $889.54.
Since Quebec has its own parental insurance program that offers maternity, paternity, and parental benefits, the Government of Canada has adjusted the premiums accordingly for that province. In 2021, self-employed people in Quebec who register for the EI program will pay $1.18 for every $100 of earnings, up to a total of $664.34 for the year.
EI premiums are calculated based on your income tax return. For example, if you sign up for the program in 2021, your premiums will be based on your 2020 tax return.
The choice is yours: you can choose to apply for EI special benefits either as a self-employed person or as an employee.
If you choose to apply as a self-employed person, we will take into account your earnings from both self-employment and employment as an employee when we calculate your weekly benefit amount, as long as your earnings from both sources are eligible. A Record of Employment will be required from your employer to show details of your earnings from that employment.
If you choose to apply as an employee, we will use only the earnings from your employment as an employee (including fishing earnings) to calculate your weekly benefit amount. We will not use any of your self-employment earnings. A Record of Employment will be required from your employer to show details of your earnings from that employment.
If you choose to register, you must do the following:
Once you have your personal access code, use it to log back into My Service Canada Account and register for EI special benefits for self-employed people.
By taking part in this EI program, you are registering with the Canada Employment Insurance Commission and agreeing to pay premiums on your self-employed income. If you change your mind, you have 60 days to cancel your registration. If you choose to cancel your registration within those first 60 days, you will not have to pay any premiums.
After the 60-day period, you can terminate your registration at any time—as long as you have never claimed any benefits. This termination will be effective at the end of the calendar year, so you will have to pay EI premiums for the entire calendar year.
Once you have claimed EI benefits, your participation in the program lasts indefinitely. You will have to pay premiums for the entire duration of your self-employed career, regardless of any change in the nature of your self-employment.
Once you register, you must wait 12 months to make a claim for EI special benefits. For example, if you registered on June 12, 2021, you could apply for EI special benefits on June 12, 2022.