Casual labourer or on payroll?

[NEMESIS_2008]

I recently hired an employee for a temporary assignment for 1 month. He works weekends, 12 hours a day. I was wondering, since he is hired temporary, can he be classified as a casual labourer and let him take care of the deductions instead of me?

[83_gemini]

Considering the employment law issues involved in having someone work 12 hours a day (the law varies based on the jurisdiction but I'd be surprised any Canadian jurisdiction lets you employ someone on that basis) I hope the relationship is structured so the person is an independent contractor and not an employee but it sounds like they are an employee. The fact an employee is "temporary" is not the determining factor.

[flafson]

I'm pretty sure there is no problem letting someone work 12 hours a day. What matters is how often that happens, or to be more exact, how many hours he has over a few days. If it was 12 hours 6 days a week that would probably be wrong. If it was 4 days a week at 12 hours that would be fine.
That also depends on the industry, there are some that even let you ignore that rule and do even longer hours.
I also think that it's probably not so fair to your employee if you let him do the accounting part instead of you. 1 day 12 hours isn't much money and on top of that you want him to figure out, even hire an accountant about what to do for so little money.

At the end of the day, i'm sure you can tell him to do it instead of you and just play stupid and say, he told me he's a contractor and works for other companies all the time, but as pointed out earlier, it sounds like an employee.

[Hansol]

I recently hired an employee for a temporary assignment for 1 month. He works weekends, 12 hours a day. I was wondering, since he is hired temporary, can he be classified as a casual labourer and let him take care of the deductions instead of me?

Depends on the intent, amongst other things. Does he think he was hired as an employee, or as an independent contractor? Did you hire him as a contractor? How does payment work? Does he give you any invoices, or is he paid every two weeks, etc. I would need a lot more detail on the setup you have with this guy before I can give a halfways decent opinion.

[83_gemini]

An employer can arrange to have an employee work more than 8 hours a day in Ontario (the rules differ between provinces) but a number of conditions must be met or the employee must be exempt from the hours of work requirements (see s. 17 of the Employment Standards Act, 2000).

[gennif]

Don't be such a lazy A*** Figuring out the deductions is your job. We're you going to make him pay your share of CPP and EI too??

I recently hired an employee for a temporary assignment for 1 month. He works weekends, 12 hours a day. I was wondering, since he is hired temporary, can he be classified as a casual labourer and let him take care of the deductions instead of me?

[redrockinhot]

It is your job to handle the deductions and benefits.

[slavka012]

Considering the employment law issues involved in having someone work 12 hours a day

12 hr shifts is a daily reality for nurses, for example.

[flafson]

I don't remember the exact rule but 12 hours is no problem as long as it's not above X hours per week. And even then it's not a problem if you have a consent from the employee. If i'm not mistaken there are longer shifts ~24 hours that then you need some special consent from the government.