Employment vs. Contracted Services

Responsibility: Vice-President, Finance and Resources 
Authorization: Board of Governors
Approval Date: Dec 16, 2009

The purpose of this policy is to ensure that payments made to individuals and non-incorporated businesses, for services provided to the University of Saskatchewan, are in compliance with all applicable labour legislation, related statutory regulations and collective agreements in order to minimize the university's risks and liabilities.  It is also to ensure that any service arrangements respect the dollar limits set forth in the university Procurement policy.

This policy applies to all payments made to individuals and non-incorporated businesses for services provided to the university, including honorarium payments and/or guest lecturer /speaker and academic reviewer remuneration.

The policy also applies to service contracts with a corporation where one of the principals of the corporation is a current university employee.

Within this policy and related guidelines, the use of terminology such as department head, dean and college are considered to also refer to director, head of administrative unit and administrative unit/division. 

Departments/colleges must follow university guidelines and procedures to ensure that appropriate arrangements are established to mitigate the university's risks and liabilities when individuals, non-incorporated businesses, and corporations, where one of the principals of the corporation is a current university employee, are being paid for services provided to the university.

Service contracts with all other corporations are subject to normal university procurement policies and procedures.

It is the responsibility of the department engaging the individual or non-incorporated business to determine, in consultation with applicable university departments, whether the services to be supplied to the university should be arranged as an employment relationship, or as an independent contract, or can be paid as an honorarium and/or guest lecturer/speaker and/or academic reviewer remuneration.  

It is the joint responsibility of the Financial Services Division and Human Resources to develop and maintain the related guidelines and forms.

Non-compliance could lead to significant costs and additional risks and liabilities for the university, the applicable department/college and the individual or non-incorporated business providing the service. 

Failure to disclose accurate information when determining the status of the arrangement may result in the immediate termination of the engagement.

Departments/colleges that intend to contract for services with individuals and non-incorporated businesses, in situations that are not already identified as an employment relationship, need to refer to the "Employment vs. Contracted Services Guidelines".

After referencing the guidelines and completing the questionnaire, as required under the guidelines:

• a) if an individual is determined to be an employee, relevant university policies and procedures for hiring employees will apply.
• b) if an individual is determined to be an independent contractor, university procurement policies and procedures will apply.

For assistance in determining the relationship:

Employment arrangements

Contract arrangements

Honorariums