An Independent Contractor is a supplier providing a non-employment service, for example consulting work, program/web design, professional service or testing service. A University of Manitoba standard (pro-forma) Independent Contractor Agreement (ICA) is developed as the contractual agreement.
ICAs are designed to outline the agreement of services to be provided, the payment terms of those services and generally, to protect both the University and the supplier’s interests in the performance of the services.
Is the Work Considered Employment?
Very often, it is not an ICA that is require to have services performed, but simply an employment form. Canada Customs and Revenue Agency provides four test areas that are used to weigh whether the service provider would be considered an employee or an Independent Contractor. These tests would generally weigh in favor of employment if...
1) The work is being performed on University premises or on University equipment
2) The worker is under the supervision and control of the University
3) The worker is paid regardless of results achieved, and
4) The work is on-going and is for an indefinite period of time.
To determine how this individual should best be paid, utilize the Human Resources Payment to Individuals site.
Contracts with a Supplier are processed in EPIC using the EPIC Contract Request (Procurement). These contracts must adhere to the rules for Competitive Bidding at the University.
For more information on these contracts and agreements, contact Purchasing Services (204) 474-8348