Employee

According to the current state of law in Quebec, the concept of employee is rather broad. Thus, the worker bound by a fixed-term contract is often considered an employee under the Act respecting labour standards. Indeed, the worker often has the degree of autonomy of a dependent contractor, the one who, despite having a legal subordination less closer than a regular employee, remains closely tied to an employer as he is directly economically dependent on the employer. Subordination must be interpreted as the fact that the worker performs his work in a "framework" outlined by the employer and for the benefit of the employer.

To determine whether or not it is an employee within the meaning of the Act respecting labour standards, we must check if the worker's contract is an employment contract or a service contract. An employment contract must comprise hire services and agreed-on remuneration elements, which then makes the worker an employee within the meaning of the Act respecting labour standards, while a service contract is mainly characterized by its independent nature with respect to the performance of the work, and the concept of profit and losses in the fulfillment of the contract. In the case of a service contract, there is no relationship of legal subordination between the parties.