Agreement as Sub consultant


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benparsad   
Member since: Jan 06
Posts: 412
Location:

Post ID: #PID Posted on: 22-05-11 11:53:02

Dear(s),

I signed a (sub consultant) contract with a consulting firm and working with them for about 8 months now. Since joined, I am talking to them (no formal letter as I feared losing job) that as I found conditions harsher after joining so I wish to discuss raise in my salary. But they keep on avoiding giving any answer all this time.

I wish to quit this assignment and look for another. Before that I want to give a shot to send a formal request letter to renegotiate my salary. Chances are remote that they will agree; will this letter effect my leaving the job? There is 45 days notice clause to leave the job. Do I need to mention ‘Reason of Leaving’ when giving the notice?
Please advice.

BG



practive   
Member since: Apr 04
Posts: 33
Location: Toronto

Post ID: #PID Posted on: 27-05-11 08:02:18

I am assuming that they ( the Employers) are not deducting your pay chq at source and remitting your tax directly, also they are not deducting EI and CPP ( nor are they contributing their half of CPP).

Thus, you cannot use the terms Salary and Job and employment etc in your case.

You are considered a Contractual consultant and are required to provide services that you are paid for at agreed terms and conditions. Just like and Accountant or Lawyer or Architect etc etc.

If you do not provide the services according to the agreed contract or if your services are not in compliance with the standards as expected of you, you could be penalized for any losses of damages that may be incurred by the contractor.

If you wish to change the Rate for services, you are required to provide a formal amendment letter to your existing contract and seek renegotiation or proved notice of termination of agreement as agreed.

However,
If your status is a sub-contractor and your working conditions are like any other "Employee".
( Employee means - The employer controls you working hours, expects you to be at work at a certain time everyday and leave at a certain time. Has to approve your holidays , lunch hours etc etc).
Then they are in default with CRA and can be taken to task and Audited for all business activities.
You could be audited too, if you have been claiming expenses etc in your Tax returns.


You need legal opinion my friend!
Don't rock the boat unless you find alternate work. Either-ways "NEVER BURN BRIDGES" as the next employer will never empathize with your side of the story.

Just give them their due notice and quit is my advice.






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