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Human Resources for Those
With
New HR Roles
Presented by:
Wade Farquhar
Document,
Document, and…
Document
Document
What?
8 Key Documents
• Policies and Procedures Manual.
• Harassment and workplace violence policy.
• Job descriptions.
• Interview decks.
• Performance evaluations.
• Letters of employment.
• Contracts for services.
• Corrective action documents.
Basic labour laws.1
Developing and interpreting company policies.
Communicating with management and employees.
Recruiting and onboarding new hires.
Working with company leadership regarding policies.
2
3
4
5
Employee recordkeeping.6
What we will cover today:
 9:00 Seminar begins
10:00 Ten minute break
11:00 Ten minute break
12:00 Lunch break
 1:00 Afternoon session begins
 2:00 Ten minute break
 3:00 Ten minute break
 3:50 Complete evaluations distributed
 4:00 Dismiss
Today’s Schedule:
Link for this and other
presentations:
www.LeanTeams.ca
HR Responsibilities
• Hiring.
• Training.
• Managing employee performance.
• Discipline.
• Termination… and that’s all right?
• Ensuring compliance with government regulation.
• Enforcing workplace health and safety requirements.
• Maintaining employee records.
• Overseeing employee compensation and benefits.
The Parts of an HR Role
Managing risk and protecting the
organization.
The Risk Continuum
Danger Zone Neglect
Proactivity Safety Zone
Inconsistency
• No written policies.
• Written policies are not followed.
Ignorance of the law
• Lack of documentation and training.
• “It won’t happen to us” attitude.
• “That’s always the way that…”
Why Employers Lose in Court
Stay Out of Court Tools
• Policies and Procedures Manual.
• Harassment and workplace violence policy.
• Job descriptions.
• Interview decks.
• Performance evaluations.
• Letters of employment.
• Contracts for services.
• Corrective action documents.
Policies and Procedures Manual
PROS CONS
Welcoming Employees May appear “too formal”
Company history, philosophy, mission Restrictive
Work rules and procedures Employer errors
Benefit information Policies too vague or general
Company compliance with equal rights
laws/consistent treatment
Inconsistent application of policies
Improve company’s legal defense Absence of employee rights policies
Provides limitations to employer
obligations and entitlements
Illegally written policies give a false
of security
Policies and Procedures Manual
• Introduction
• Mission, vision, values.
• Force of policies.
• Employment
• Code of ethics
• Employer specifics for hiring, reviews, discipline, etc.
• Human rights information.
• Compensation and benefits
• Hours of work.
• Vacation, sick time, and other benefits info.
Policies and Procedures Manual
• Employee conduct
• Dress code
• Confidentiality in reporting
• Occupational health and safety
• Workplace hazards and PPE.
• Workplace harassment and violence.
• Designated representatives.
• Operations
• Sales and purchasing.
• Employee privacy and recordkeeping.
Changes to the external operating environment.1
Changes in legislation.
Strategic review of a company’s direction.
Company or departmental reorganization.
2
3
4
Triggers to Revise Policies
Labour Law
Basics
Canadian Labour Law Foundations
Federal
• Industries that are inter-provincial or international in scope.
• Includes: banking, transportation, radio and television,
companies doing business in two or more provinces.
• Additional survey and reporting requirements here.
Provincial
• Trade unions, hours of work, work comp, paid vacations.
• Relationship between employer and employee.
Territories
• Under federal jurisdiction unless otherwise stated.
Labour Law Basics
• Canadian employers are either federally or
provincially regulated, but not both.
• The primary industry within which a business
operates determines its jurisdiction.
• Industries that are inter-provincial and/or
international in scope are federally regulated.
• All other businesses are provincially regulated.
Splits in Jurisdictions Summary
Regulates the employment standards
for Federally regulated companies.
The Canada Labour Code
Employment Equity Act
Establishes Federal precedent to ensure
fair hiring and compensation protection.
• Canadian Human Rights Summary
• Employment Equity
• Canada Labour Code
• Canadian Human RightsTribunal
• BC Human RightsTribunal
• Employment Standards BC
• BC Employer’s Advisor’s Office
Key Resources
Protected
Classes
BFORs
Undue Hardship/
Duty to Accommodate
It will all be clear in a moment
Protected Classes
Employment Equity
• Women
• Persons with disabilities
• Aboriginal people
• Status Indians
• Non-status Indians
• Métis
• Inuit
• Visible minorities
Prohibited
discrimination
• Race
• National or Ethnic Origin
• Colour
• Religion or Creed
• Marital Status
• Disability
• Sex
• Sexual Orientation
What is a protected class?
Protected classes are human rights issues.
Human rights complaints are decided by
commissions.
Employers are subject to pertinent definitions.
Employers are responsible to protect the rights
of protected classes.
Protection is often afforded through a discrimination
policy and reporting procedure.
Protected Classes
The policy should state:
• The employer's commitment with regard to
harassment.
• The policy's objectives.
• A definition of discriminatory harassment.
• The areas in which it applies.
• The actions that may be taken.
• The process for dealing with complaints, the resolution
process and all other procedures.
• The other remedies available to victims.
Discrimination Policy
BFORs
Bona Fide Occupational Requirements
The standard or requirement :
• Adopted for a purpose or goal that is rationally connected to
function being performed.
• Adopted in good faith in the belief that it is necessary for the
fulfillment of a job-related purpose or goal.
• Is the least discriminatory way to achieve the purpose or goal
related to the job.
• You work for a maternity clothing store that is hiring models
for advertising. How would you state your requirements?
• You are hiring pilots for a local airline. Due to recent
happenings your immediate supervisor is considering
measures to evaluate the emotional health of candidates
prior to hire.
• Filmmakers frequently need to hire actors and actresses
based on physical traits such as age, race, and gender. How
would you argue this practice as either correct or incorrect?
Discussion
Disabled
Employees
Duty to
Accommodate
Undue
Hardship&
Considerations
Is the person in a protected class?1
Is the activity/function/competency in question a
bona-fide occupational requirement?
Have we fulfilled our duty to accommodate up to
the point of creating an undue hardship?
2
3
3 Questions to Ask
Harassment.
Protect your people. Protect your organization.
• An attempt to exercise physical force against and
employee in a workplace.
• Statements or behavior that an employee could
reasonably interpret as a threat.
• Bullying is not managing employee performance.
• See more information on understanding the law
here.
Workplace Violence
• Recognize the hazards of the workplace violence.
• Assess the risks of workplace violence.
• Control the risks of workplace violence.
• Monitor and evaluate.
• For more information on creating a workplace
violence and harassment policy click here.
Workplace Violence Policy
• Unwanted attention.
• Detrimental to the work environment or
negatively affects work performance.
• Reasonable for offending party to know
that the attention is unwanted.
• Does not have to be related to rewards or
penalties.
Sexual Harassment is
Sexual Harassment
Typically occurs when some job penalty,
benefit, term or condition of employment is
given to an individual based on the individual’s
acceptance or rejection of sexual advances.
• Fred Pryor Training Rewards
• Making the Transition from Staff to Supervisor
July 29th
• Project Management Seminar
October 6th
• Microsoft Excel
Bellingham - June 25- 26th
• How to Communicate with Tact and Professionalism
Vancouver – August 31st
Recommended Resources
$179
$249
$199
$349
$976
Recruiting.
Everything has changed.
How many of you have ever been disappointed
by someone that you hired?
How many of you have called a candidate who sent
you his/her resume only to hear that he/she had
already found a job?
What does your recruiting process look like?
Where do you usually find the best candidates?
Interview Incumbents & Supervisors
Perform a job audit:
• Job duties
• Responsibilities
• Equipment used
• Work relationships
• Work environment
KSAs Checklist
Tangible/measurable skills
Concrete, technical skills
Knowledge
What applicant knows and how s/he thinks
Behaviour
Past actions indicates future behaviour in given
situations
Interpersonal skills
Interaction with others
Job Audit Key Competencies Job Description
Interview Deck
Letter of Employment Performance Evaluation
• You work for a large mining operation.
• You need to hire a project manager.
• Will be required to use Microsoft Project with staff, and must report project
costs through the company’s enterprise accounting system.
• The project manager will manage staff working remotely from India, as well
as on-site project staff.
• This is a multi-year project that will regularly require onsite client visits in
Quebec, as well as site visits in BC using a company vehicle.
• As the project will require a large capital investment, the project manager
will report directly to the VP of finance.
• You need to fill this role immediately, as the last person in position resigned
without notice and the project is currently on hold.
Exercise
If you are going to post a job ad, hen do you do it?
Why is timing important?
The best talent is already employed.
Just because someone is employed does not
mean that they are not interested in your job.
You need to understand the front door and back door
to tools like LinkedIn.
Passive Job Seekers
Important Resources
Service Canada
Specifically this link that deals with HR management and hiring.
Jobs Bank
The Jobs Bank now has an employer support page that is free.
Jobs Bank Matching Feature
Click here to sign up for the feature with your account.
LinkedIn Recruiter
A great resource to post jobs and search for passive candidates.
Interviewing.
Behaviour-Based Interview Decks
• Past performance is always the safest indicator of future
performance.
• An interview deck uses the KSAs as sections.
• Build behaviour-based questions within the KSAs.
• Don’t just ask general behaviour-based questions.
• Give yourself a variety of questions in each KSA area so
you can choose appropriate questions.
• Interview decks tell you much more about the type of
employee that you will hire when implemented correctly.
Situation
Action
Result
Interesting details
Screening Tool
Many employers will only verify core details.
You really only need to know one thing:
“If you had the chance to hire the employee back
again would you do it?”
Anything other than “yes” usually means no.
Checking References
Performance
Evaluations
• Why are we discussing performance evaluations now?
• Because the most logical point to think about developing a
performance evaluation form is after the interview process.
• Plan out the employee’s performance objectives/measurements
of success at the point of hire.
• You are going to RAPwith your employees
•Review
•Analyze
•Plan
Performance Evaluations
Employment
Relationship
Having the DTR.
CRA 4-point Test:
1. Control
2. Ownership of tools/equipment
3. Chance of profit or risk of loss
4. Integration into the company
Determining Worker Status
Behavioral
Financial Control
Financial Responsibility
Relationship of the parties
$65k/
year
TaxTotal Income
Employee: IT Manager
Disposable
Income
Transport PhonesHousing VacationUtilitiesFood
TaxIncome Disposable
Income
Transport PhonesHousing VacationUtilities Food
Contractor: IT Consultant
Personal
Expenses

Independent Contractor
• Contract for Services
Agreement.
• Proof of bona-fide
business.
• Invoices or cash receipts.
• GST number.
• Other clients.
• Carry their own insurance.
Employee
• Employment agreement,
contract and/or job description.
• TD1.
• Time or tracking records.
• Payroll records of payments,
withholdings, remittances.
• T4 slips.
Recordkeeping Requirements
Factors to consider:
• Duration of the relationship.
• Degree of exclusivity.
• Degree of integration of the work done with the business.
• Time required to re-establish the business following
termination of the relationship.
• Common use of offices and equipment.
• Degree of control exercised over the performance of
Intermediate Relationships
Position title with attached job description.
Start date.
Compensation.
How the agreement can end (specifically
mentioning the Employment Standards
Minimums).
Letters of Employment
Description of the project or services provided.
Beginning and end/review date for the contract.
Payment terms (can be hourly, monthly, etc.).
Terms for modification or severance of the
agreement
Contract for Services
Confidentiality and idemnification.
Corrective Action
Corrective Action
Performance gaps typically move from less to more subjective
Attendance - objective
Performance – somewhat subjective
Conduct – usually subjective
Procedural Steps for Corrective Action
• Coaching and counseling
Does employee know what was expected of them?
• Retraining, if necessary
Can training or retraining correct the problem?
• Verbal warning
Full statement of problem.
• Written warning
Recapitulation of the problem together with history of interaction between employer and
employee, and a statement about the employee’s future status if the problems aren’t
corrected.
• Final written warning (often paired with suspension and/or
demotion).
• Termination
If it comes to this point the employee should have “fired themselves.”
See the Canada Labour Code
on terminations for more
information here.
Recordkeeping
• HR is responsible for tracking all employee information.
• One of the main reasons to track this information is to
protect from future litigation.
• Should a claim of wrongful termination, discrimination,
constructive dismissal, etc. ever be made, your
employee files would be subpoenaed.
• Would you feel comfortable having your files audited
now?
Recordkeeping
Employers are required to keep the following for all employees:
• Employee name, DOB, occupation, telephone number and
• Name or brief job description.
• Date of commencement and termination of employment.
• Employee’s wage rate (hourly, weekly, monthly, or otherwise).
• Total wages paid per pay period.
• Beginning and ending work times, as well as meal break times.
• Daily time and attendance records.
• Dates of all statutory holidays taken and pay received.
• Dates of annual vacation taken and pay received.
• These records must cover the last five years.
Recordkeeping Requirements
Retention Requirements
Employers are required to retain all employee
information as follows:
• Daily time and attendance records for current
employees must be retained by an employer for
least three years.
• Employee records must be retained for 3 years
after termination.
• Tax and payroll-related items: Six years from the
end of the current tax year.
That is a lot of paper.
How am I going to
keep all of this
straight?
Essentials of Canadian HR Law - BC Specific
Termination
Length of Service Required Notice/Pay by
Employer
3 months to 12 months 1 week
12 months to 24 months 2 weeks
3 years 3 weeks
Each additional year of
employment.
1 additional week up to a
maximum of 8 weeks.
Termination Chart
 Within 6 days of date of termination if employee quits.
 Within 2 days if terminated.
 Must provide written statement of wages:
• Amount of gross vacation pay and
• Gross termination or severance pay,
• Along with how amounts were calculated.
Employment records must be retained for 2 years.
Payment of Wages on Termination
P.I.P.E.D.A.
Personal Information Protection
and Electronic Documents Act
Establishes a Federal mandate to protect electronic
information collection, use and storage.
Specifically, this is concerned with information that
employers collect on employees.
Limits collection to only that information that is
reasonably useful for the employer’s purposes.
Also sets out employee rights to request their
information and consent to its use.
PIPEDA
Employment
Standards
• Work schedule: 8 hours per day, 40 hours per week.
• Averaging work time: Allowable within limits.
• Pay (minimum wage): $10.45/hr.
• Termination: See termination chart.
• Vacation: 4% of gross wages for first 5 years.
• Overtime: Daily and weekly overtime allowed.
• Holidays: 10 mandatory public holidays.
Employment Standards Summary
“Salaried”
Employees
•Managers, superintendents, and employees
who carry out management functions are
exempted from hourly remuneration (50% rule
applies).
•Architects, dentists, engineers, lawyers, and
other specialized positions are also excluded.
See the list of excluded positions here.
Who Is Allowed To Be Salaried Without Overtime?
Hiring and termination of employees.1
Managing work output of other employees.
Creating or interpreting policies.
Making budgetary decisions.
Committing the company’s financial resources.
2
3
4
5
Management Duties:
• Clerical, manual labour
• Directed work
• Routine, repetitive
• Front line workers
• Support staff
Non Management Duties
Management Duties:
Non Management Duties
No really,
we are almost done.
• Download this and the Payroll Law presentations for
this province from www.LeanTeams.ca
• Join the Canadian Payroll Association.
• Training Rewards Resources:
• Payroll Law course
• Microsoft Excel courses in-person and online
• HR Law course (coming to this area in the Fall).
Next Steps:
… AND
YOU’RE
DONE!
Thank you.
Link to this
presentation:
www.LeanTeams.ca
Wade Farquhar
To download this
presentation

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Essentials of Canadian HR Law - BC Specific

  • 1. Human Resources for Those With New HR Roles Presented by: Wade Farquhar
  • 4. 8 Key Documents • Policies and Procedures Manual. • Harassment and workplace violence policy. • Job descriptions. • Interview decks. • Performance evaluations. • Letters of employment. • Contracts for services. • Corrective action documents.
  • 5. Basic labour laws.1 Developing and interpreting company policies. Communicating with management and employees. Recruiting and onboarding new hires. Working with company leadership regarding policies. 2 3 4 5 Employee recordkeeping.6 What we will cover today:
  • 6.  9:00 Seminar begins 10:00 Ten minute break 11:00 Ten minute break 12:00 Lunch break  1:00 Afternoon session begins  2:00 Ten minute break  3:00 Ten minute break  3:50 Complete evaluations distributed  4:00 Dismiss Today’s Schedule:
  • 7. Link for this and other presentations: www.LeanTeams.ca
  • 9. • Hiring. • Training. • Managing employee performance. • Discipline. • Termination… and that’s all right? • Ensuring compliance with government regulation. • Enforcing workplace health and safety requirements. • Maintaining employee records. • Overseeing employee compensation and benefits. The Parts of an HR Role Managing risk and protecting the organization.
  • 10. The Risk Continuum Danger Zone Neglect Proactivity Safety Zone
  • 11. Inconsistency • No written policies. • Written policies are not followed. Ignorance of the law • Lack of documentation and training. • “It won’t happen to us” attitude. • “That’s always the way that…” Why Employers Lose in Court
  • 12. Stay Out of Court Tools • Policies and Procedures Manual. • Harassment and workplace violence policy. • Job descriptions. • Interview decks. • Performance evaluations. • Letters of employment. • Contracts for services. • Corrective action documents.
  • 13. Policies and Procedures Manual PROS CONS Welcoming Employees May appear “too formal” Company history, philosophy, mission Restrictive Work rules and procedures Employer errors Benefit information Policies too vague or general Company compliance with equal rights laws/consistent treatment Inconsistent application of policies Improve company’s legal defense Absence of employee rights policies Provides limitations to employer obligations and entitlements Illegally written policies give a false of security
  • 14. Policies and Procedures Manual • Introduction • Mission, vision, values. • Force of policies. • Employment • Code of ethics • Employer specifics for hiring, reviews, discipline, etc. • Human rights information. • Compensation and benefits • Hours of work. • Vacation, sick time, and other benefits info.
  • 15. Policies and Procedures Manual • Employee conduct • Dress code • Confidentiality in reporting • Occupational health and safety • Workplace hazards and PPE. • Workplace harassment and violence. • Designated representatives. • Operations • Sales and purchasing. • Employee privacy and recordkeeping.
  • 16. Changes to the external operating environment.1 Changes in legislation. Strategic review of a company’s direction. Company or departmental reorganization. 2 3 4 Triggers to Revise Policies
  • 18. Canadian Labour Law Foundations
  • 19. Federal • Industries that are inter-provincial or international in scope. • Includes: banking, transportation, radio and television, companies doing business in two or more provinces. • Additional survey and reporting requirements here. Provincial • Trade unions, hours of work, work comp, paid vacations. • Relationship between employer and employee. Territories • Under federal jurisdiction unless otherwise stated. Labour Law Basics
  • 20. • Canadian employers are either federally or provincially regulated, but not both. • The primary industry within which a business operates determines its jurisdiction. • Industries that are inter-provincial and/or international in scope are federally regulated. • All other businesses are provincially regulated. Splits in Jurisdictions Summary
  • 21. Regulates the employment standards for Federally regulated companies. The Canada Labour Code Employment Equity Act Establishes Federal precedent to ensure fair hiring and compensation protection.
  • 22. • Canadian Human Rights Summary • Employment Equity • Canada Labour Code • Canadian Human RightsTribunal • BC Human RightsTribunal • Employment Standards BC • BC Employer’s Advisor’s Office Key Resources
  • 23. Protected Classes BFORs Undue Hardship/ Duty to Accommodate It will all be clear in a moment
  • 25. Employment Equity • Women • Persons with disabilities • Aboriginal people • Status Indians • Non-status Indians • Métis • Inuit • Visible minorities Prohibited discrimination • Race • National or Ethnic Origin • Colour • Religion or Creed • Marital Status • Disability • Sex • Sexual Orientation What is a protected class?
  • 26. Protected classes are human rights issues. Human rights complaints are decided by commissions. Employers are subject to pertinent definitions. Employers are responsible to protect the rights of protected classes. Protection is often afforded through a discrimination policy and reporting procedure. Protected Classes
  • 27. The policy should state: • The employer's commitment with regard to harassment. • The policy's objectives. • A definition of discriminatory harassment. • The areas in which it applies. • The actions that may be taken. • The process for dealing with complaints, the resolution process and all other procedures. • The other remedies available to victims. Discrimination Policy
  • 28. BFORs Bona Fide Occupational Requirements The standard or requirement : • Adopted for a purpose or goal that is rationally connected to function being performed. • Adopted in good faith in the belief that it is necessary for the fulfillment of a job-related purpose or goal. • Is the least discriminatory way to achieve the purpose or goal related to the job.
  • 29. • You work for a maternity clothing store that is hiring models for advertising. How would you state your requirements? • You are hiring pilots for a local airline. Due to recent happenings your immediate supervisor is considering measures to evaluate the emotional health of candidates prior to hire. • Filmmakers frequently need to hire actors and actresses based on physical traits such as age, race, and gender. How would you argue this practice as either correct or incorrect? Discussion
  • 33. Is the person in a protected class?1 Is the activity/function/competency in question a bona-fide occupational requirement? Have we fulfilled our duty to accommodate up to the point of creating an undue hardship? 2 3 3 Questions to Ask
  • 34. Harassment. Protect your people. Protect your organization.
  • 35. • An attempt to exercise physical force against and employee in a workplace. • Statements or behavior that an employee could reasonably interpret as a threat. • Bullying is not managing employee performance. • See more information on understanding the law here. Workplace Violence
  • 36. • Recognize the hazards of the workplace violence. • Assess the risks of workplace violence. • Control the risks of workplace violence. • Monitor and evaluate. • For more information on creating a workplace violence and harassment policy click here. Workplace Violence Policy
  • 37. • Unwanted attention. • Detrimental to the work environment or negatively affects work performance. • Reasonable for offending party to know that the attention is unwanted. • Does not have to be related to rewards or penalties. Sexual Harassment is
  • 38. Sexual Harassment Typically occurs when some job penalty, benefit, term or condition of employment is given to an individual based on the individual’s acceptance or rejection of sexual advances.
  • 39. • Fred Pryor Training Rewards • Making the Transition from Staff to Supervisor July 29th • Project Management Seminar October 6th • Microsoft Excel Bellingham - June 25- 26th • How to Communicate with Tact and Professionalism Vancouver – August 31st Recommended Resources $179 $249 $199 $349 $976
  • 41. How many of you have ever been disappointed by someone that you hired? How many of you have called a candidate who sent you his/her resume only to hear that he/she had already found a job? What does your recruiting process look like? Where do you usually find the best candidates?
  • 42. Interview Incumbents & Supervisors Perform a job audit: • Job duties • Responsibilities • Equipment used • Work relationships • Work environment
  • 43. KSAs Checklist Tangible/measurable skills Concrete, technical skills Knowledge What applicant knows and how s/he thinks Behaviour Past actions indicates future behaviour in given situations Interpersonal skills Interaction with others
  • 44. Job Audit Key Competencies Job Description Interview Deck Letter of Employment Performance Evaluation
  • 45. • You work for a large mining operation. • You need to hire a project manager. • Will be required to use Microsoft Project with staff, and must report project costs through the company’s enterprise accounting system. • The project manager will manage staff working remotely from India, as well as on-site project staff. • This is a multi-year project that will regularly require onsite client visits in Quebec, as well as site visits in BC using a company vehicle. • As the project will require a large capital investment, the project manager will report directly to the VP of finance. • You need to fill this role immediately, as the last person in position resigned without notice and the project is currently on hold. Exercise
  • 46. If you are going to post a job ad, hen do you do it? Why is timing important? The best talent is already employed. Just because someone is employed does not mean that they are not interested in your job. You need to understand the front door and back door to tools like LinkedIn. Passive Job Seekers
  • 47. Important Resources Service Canada Specifically this link that deals with HR management and hiring. Jobs Bank The Jobs Bank now has an employer support page that is free. Jobs Bank Matching Feature Click here to sign up for the feature with your account. LinkedIn Recruiter A great resource to post jobs and search for passive candidates.
  • 49. Behaviour-Based Interview Decks • Past performance is always the safest indicator of future performance. • An interview deck uses the KSAs as sections. • Build behaviour-based questions within the KSAs. • Don’t just ask general behaviour-based questions. • Give yourself a variety of questions in each KSA area so you can choose appropriate questions. • Interview decks tell you much more about the type of employee that you will hire when implemented correctly.
  • 52. Many employers will only verify core details. You really only need to know one thing: “If you had the chance to hire the employee back again would you do it?” Anything other than “yes” usually means no. Checking References
  • 54. • Why are we discussing performance evaluations now? • Because the most logical point to think about developing a performance evaluation form is after the interview process. • Plan out the employee’s performance objectives/measurements of success at the point of hire. • You are going to RAPwith your employees •Review •Analyze •Plan Performance Evaluations
  • 56. CRA 4-point Test: 1. Control 2. Ownership of tools/equipment 3. Chance of profit or risk of loss 4. Integration into the company Determining Worker Status Behavioral Financial Control Financial Responsibility Relationship of the parties
  • 57. $65k/ year TaxTotal Income Employee: IT Manager Disposable Income Transport PhonesHousing VacationUtilitiesFood
  • 58. TaxIncome Disposable Income Transport PhonesHousing VacationUtilities Food Contractor: IT Consultant Personal Expenses 
  • 59. Independent Contractor • Contract for Services Agreement. • Proof of bona-fide business. • Invoices or cash receipts. • GST number. • Other clients. • Carry their own insurance. Employee • Employment agreement, contract and/or job description. • TD1. • Time or tracking records. • Payroll records of payments, withholdings, remittances. • T4 slips. Recordkeeping Requirements
  • 60. Factors to consider: • Duration of the relationship. • Degree of exclusivity. • Degree of integration of the work done with the business. • Time required to re-establish the business following termination of the relationship. • Common use of offices and equipment. • Degree of control exercised over the performance of Intermediate Relationships
  • 61. Position title with attached job description. Start date. Compensation. How the agreement can end (specifically mentioning the Employment Standards Minimums). Letters of Employment
  • 62. Description of the project or services provided. Beginning and end/review date for the contract. Payment terms (can be hourly, monthly, etc.). Terms for modification or severance of the agreement Contract for Services Confidentiality and idemnification.
  • 64. Corrective Action Performance gaps typically move from less to more subjective Attendance - objective Performance – somewhat subjective Conduct – usually subjective
  • 65. Procedural Steps for Corrective Action • Coaching and counseling Does employee know what was expected of them? • Retraining, if necessary Can training or retraining correct the problem? • Verbal warning Full statement of problem. • Written warning Recapitulation of the problem together with history of interaction between employer and employee, and a statement about the employee’s future status if the problems aren’t corrected. • Final written warning (often paired with suspension and/or demotion). • Termination If it comes to this point the employee should have “fired themselves.” See the Canada Labour Code on terminations for more information here.
  • 67. • HR is responsible for tracking all employee information. • One of the main reasons to track this information is to protect from future litigation. • Should a claim of wrongful termination, discrimination, constructive dismissal, etc. ever be made, your employee files would be subpoenaed. • Would you feel comfortable having your files audited now? Recordkeeping
  • 68. Employers are required to keep the following for all employees: • Employee name, DOB, occupation, telephone number and • Name or brief job description. • Date of commencement and termination of employment. • Employee’s wage rate (hourly, weekly, monthly, or otherwise). • Total wages paid per pay period. • Beginning and ending work times, as well as meal break times. • Daily time and attendance records. • Dates of all statutory holidays taken and pay received. • Dates of annual vacation taken and pay received. • These records must cover the last five years. Recordkeeping Requirements
  • 69. Retention Requirements Employers are required to retain all employee information as follows: • Daily time and attendance records for current employees must be retained by an employer for least three years. • Employee records must be retained for 3 years after termination. • Tax and payroll-related items: Six years from the end of the current tax year.
  • 70. That is a lot of paper. How am I going to keep all of this straight?
  • 73. Length of Service Required Notice/Pay by Employer 3 months to 12 months 1 week 12 months to 24 months 2 weeks 3 years 3 weeks Each additional year of employment. 1 additional week up to a maximum of 8 weeks. Termination Chart
  • 74.  Within 6 days of date of termination if employee quits.  Within 2 days if terminated.  Must provide written statement of wages: • Amount of gross vacation pay and • Gross termination or severance pay, • Along with how amounts were calculated. Employment records must be retained for 2 years. Payment of Wages on Termination
  • 76. Establishes a Federal mandate to protect electronic information collection, use and storage. Specifically, this is concerned with information that employers collect on employees. Limits collection to only that information that is reasonably useful for the employer’s purposes. Also sets out employee rights to request their information and consent to its use. PIPEDA
  • 78. • Work schedule: 8 hours per day, 40 hours per week. • Averaging work time: Allowable within limits. • Pay (minimum wage): $10.45/hr. • Termination: See termination chart. • Vacation: 4% of gross wages for first 5 years. • Overtime: Daily and weekly overtime allowed. • Holidays: 10 mandatory public holidays. Employment Standards Summary
  • 80. •Managers, superintendents, and employees who carry out management functions are exempted from hourly remuneration (50% rule applies). •Architects, dentists, engineers, lawyers, and other specialized positions are also excluded. See the list of excluded positions here. Who Is Allowed To Be Salaried Without Overtime?
  • 81. Hiring and termination of employees.1 Managing work output of other employees. Creating or interpreting policies. Making budgetary decisions. Committing the company’s financial resources. 2 3 4 5 Management Duties:
  • 82. • Clerical, manual labour • Directed work • Routine, repetitive • Front line workers • Support staff Non Management Duties
  • 85. No really, we are almost done.
  • 86. • Download this and the Payroll Law presentations for this province from www.LeanTeams.ca • Join the Canadian Payroll Association. • Training Rewards Resources: • Payroll Law course • Microsoft Excel courses in-person and online • HR Law course (coming to this area in the Fall). Next Steps: