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vacation pay

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the_fornicator

TRIBE Member
that sorta depends, I think. some employers pay out your vacation pay (4% of your total hours worked) and some let you bank it. usually the diff btw part time and full time employees I think.

either way it gets taxed so I suppose you gotta ask your employer if he's including your vacation pay in your pay cheque or allowing you to banking it.
 
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Rude1_247

TRIBE Member
If you're an independent contractor, you're not entitled to vacation pay. From the sounds of it, you're an independent contractor (otherwise your boss is violating a million tax laws by not making any deductions on your pay.
 

unique2100

TRIBE Promoter
They definitly owe you vacation pay. If you are getting paid cash or whatever and they are paying your taxes for you outside of this, they are not giving you your 4%. Which means they should be banking it for you.
 

lucky1

TRIBE Member
I'm unlear of the problem.

as already replied... the law says you are entitled to 4% vacation pay (which works out to the the equivalant of 2 weeks vacation) Your boss could pay it all at in chunks (ie end of year or once every quarter) or you could get a percentage on each checque. it counts as income and is taxable. if you are not haveing taxes deducted from your checks than when you do your income tax you have to declare it as income, and pay the apropriate tax on it.
 

Rude1_247

TRIBE Member
fear_of_fours said:

I know the above.... but you just said you're a paid contractor, and you don't get taxes deducted, which for all intents and purposes means you're an independent contractor as far as employment law goes. I realize other things are weighed, but be careful about how you approach it as she could make a fair argument that you're an independent contractor and therefore she's not responsible for paying you vacation pay. Having dealt with the CRA on a number of similar situations from the employer's perspective, I know how much of a pain this stuff can be.
 
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Boo

TRIBE Member
Rude1_247 said:
I know the above.... but you just said you're a paid contractor, and you don't get taxes deducted, which for all intents and purposes means you're an independent contractor as far as employment law goes. I realize other things are weighed, but be careful about how you approach it as she could make a fair argument that you're an independent contractor and therefore she's not responsible for paying you vacation pay. Having dealt with the CRA on a number of similar situations from the employer's perspective, I know how much of a pain this stuff can be.

Bingo,

You are not "employed" you are self employed, since taxes are supposed to be deducted at source for all employees.

Hence you don't get vacation pay, as this is no different than Joe the plumber getting paid by the lady who's toilet he fixed. She doesn't employ him or pay him vacation pay, because plumber is not an employee. Neither are you.

He would pay tax on the money he received when he files his taxes.

You are self employed or your Boss (like Rude1 said) is breaking a whole tome of tax and employment laws
 

Boo

TRIBE Member
djglobalkiller said:
someone told me if you ask for your vacation pay on another cheque, they cant tax it? is this myth?

I heard if I get paid in nickles I don't have to pay taxes?

True?
 
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Boo

TRIBE Member
fear_of_fours said:
I mean i work 9-5 and am a receptionist. my boss hasnt made any deductions but gives me a T4. Is she breaking the law then?


You are most definately an employee if this is the case.

If you were like a computer admin guy that came in a couple times a week and billed the company - it would be more of a grey area, and could be self employed.

She must pay you vacation pay and she must take source deductions and remit them every time she pays you - lazy or not. And if she has an accountant she can get him to do it.

Does your T4 have no deductions in it? She is definately breaking the law.

You can still be a contract worker and still be an employee. I am a contract worker for example, but I still have deductions and get 4% added to every pay for vacation, which is what you should get if you get no time off. Or get it paid at the end of the contract.
 
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