I’ve been offered a job on an independent contract. I was looking to work only 30 hours a week. However, they’ve told me once my humanities visa expires in April next year, if I want to get it renewed I would have to work 35 hours per week (for the same company, still being on an independent contract).
From everything I’ve read on this forum in the past about it actually being salary amount that matters when it comes to getting a visa renewed, what this company is saying doesn’t seem to add up. Can anyone way in on this? Would be much appreciated, thanks.
3 comments
Hours worked does not matter for visa renewals. They are just trying to get more work out of you.
If you can get more work for more pay, then I don’t see a problem.
As an independent contractor they cannot specify how many hours you work, just the tasks you need to accomplish and location you are to accomplish them at. Trying to specify hours worked or to make you “punch a clock” is a violation of the rules for independent contractors and makes you an employee (which is why teaching is almost impossible to do properly classified as an independent contractor).
The reason they want you to be an independent contractor is it removes your protections under the labor protection laws. Because you are not working for them you are working for yourself and therefore are responsible to make sure you follow the labor law for yourself (such as overtime, breaks, vacation, etc. none of which they are obligated to provide). It also means they can employee you for >5 years without making you a permanent employee.
BUT they also want their cake and to eat it too – so they want to treat you as an employee without giving you the protections/benefits of being an employee.
I would suggest looking up the law and pointing out to them that that if they are going to specify the hours worked per week then you need to be on an employee contract rather than an independent contractor contract.