Merchant Law believes you have a strong case to recover overtime and other benefits: You are employees dressed up like contractors so your employer can avoid its statutory obligations to you. This problem is endemic in the oil industry.
People on contract in the oil industry with companies such as: BP, CN Resources, Conoco Phillips, Crescent Point, Ovintiv, Serafina, Shell, Teine, Vermilion, Whitecap Resources, or any other oil and gas company should contact Merchant Law by filling out the form below which we will hold in complete secrecy and confidentiality from your employer and without any obligation. Merchant Law may contact you to investigate litigation over an overtime claim which, for most individuals may involve recovery of tens of thousands or perhaps even hundreds of thousands of dollars.
Numerous so-called contractors are, in the current view of Merchant Law, actually employees entitled to overtime compensation and other employee benefits denied to them by the pretense through contract that these individuals are contract associates. For information without obligation and on a completely confidential basis, please fill out the form below.
Oil industry contractors are not given the same benefits as employees
The oil and gas industry is one of the most important sectors of the Canadian economy, employing thousands of people across the country. Many of these workers are contractors who are required to work very long hours without any compensation for overtime pay. While some employers claim that these workers are independent contractors, the reality is often different. In many cases, these workers are in substance employees, and their employers are pretending that they are contractors in order to avoid paying them the required overtime pay and all of the benefits that an employee should be entitled to receive.
At Merchant Law, we believe that this is contrary to Canadian employment law, and that these workers are entitled to fair compensation for the long hours they work. In this article, we will examine the legal implications of this issue and provide guidance for workers in the oil and gas industry who are not receiving fair compensation.
The Legal Implications of Not Paying Overtime
Under Canadian employment law, employers are required to pay employees for all hours worked, including overtime. The Labour Codes set out minimum standards for overtime pay, which require employers to pay their employees time and a half for all hours worked beyond their regular workweek.
However, these standards do not apply to independent contractors, who are generally considered to be self-employed and responsible for their own working conditions. The issue arises when employers misclassify workers as independent contractors when they are in substance employees. This can happen when employers try to avoid paying overtime or providing benefits that are required under employment law.
Determining Employee vs. Contractor Status
So, how do you know if you are an employee or a contractor? The answer is not always straightforward, and will depend on the specific circumstances of your working relationship. In general, however, the following factors will be considered:
- Control: Does the employer control when, where, and how the work is performed?
- Integration: Is the worker integrated into the employer’s business, or is the work performed separate from the employer’s business?
- Ownership of tools: Does the worker provide their own tools, or does the employer provide them?
- Financial risk: Does the worker assume any financial risk for the work they perform, such as the risk of not being paid or having to pay for materials?
- Opportunity for profit: Does the worker have an opportunity to profit from their work beyond the amount they are paid?
If you are unsure about your status as an employee or contractor, it may be helpful to to you to complete the form at the bottom of this webpage.
Protecting Your Rights as a Contractor
If you are a contractor who is not receiving fair compensation for your work, there are several steps you can take to protect your rights. These include documenting your hours: Keep a record of all the hours you work, including overtime. This will help us demonstrate that you are entitled to overtime pay through the class action Merchant Law intends to launch on behalf of Canadian oil worker contractors in this situation.
If you are a contractor in the oil and gas industry and believe that you are not receiving fair compensation for your long hours of work, it is important to take action to protect your rights. At Merchant Law, we believe that these workers are entitled to just compensation for their labour, and we are committed to fighting for your rights.
If you suspect that you are misclassified as a contractor and should be considered an employee under employment law, it is important to take action. By filling out the form at the bottom of this webpage it will put you in our list and we will contact you if we recover anything for this class through the class action we intend to launch on behalf of the class.
Disclaimer: By filling out the form below, you are not becoming a client of Merchant Law. Only if we contact you and there is a retainer agreement in writing signed with you would you become a client of Merchant Law. If you would like direct legal guidance you must speak to a lawyer directly. There may be limitations of actions timelines running whereby you must commence an individual claim and Merchant Law is only investigating whether a class action may be possible. Filling out the form below creates no solicitor client relationship with Merchant Law. Nevertheless we do encourage you to fill out the form and if a recovery on a class action basis is possible, Merchant Law may contact you in the future. Thank you.