HUMAN RESOURCES MANAGEMENT

EXECUTIVE DIRECTORS WORKSHOPFEBRUARY 24, 2011

The most important resources in any organization are its human resources.

Wanda StephenDirector, Corporate ServicesKawartha Conservation

overview

provide high level overview of HR topics provide refresher create awareness stimulate questions identify risk management issues provide resource material contribute to your support network

topics

employee vs. self-employed recruitment / hiring / termination legislation

employment standards act heath & safety wsib

employee or self-employed?

employment status directly affects a person’s entitlement to EI benefits

and how worker is treated under Canada Pension Plan, the Employment Insurance Act and the Income Tax Act

financial consequences to employer for failing to deduct CPP, EI

employees

definition a person who is hired to provide services to a company

on a regular basis in exchange for compensation and who does not provide these services as part of an independent business.

employees

employees can have no defined term of employment

full time part time

defined term of employment contract staff summer staff internships co-op placements secondments

employees

“employer – employee”, or “master – servant” relationship

indicators that the worker is an employee: employer has control – the ability, authority, or right to

exercise control over a worker concerning the manner in which the work is done and what work will be done.

employee must perform the work personally, cannot send a replacement

worker’s activities are reserved to a single firm (exclusivity of services)

control over worker’s absences, such as sick leave or vacation leave

disciplinary actions can be imposed on worker a worker is not financially liable if he or she does not fulfil the

obligations of the contract the company determines and controls the method and amount

of pay the worker does not have a business presence

self-employed

business relationship – is the intent of the working arrangement to be

a contract of service or a contract for services?

self-employed

indicators that the worker is self employed works independently- has autonomy does not have anyone overseeing them free to work when and for whom services are not exclusive to one client does not receive any protection or benefits from the company can accept or refuse work from the company no continuity, loyalty, security, or subordination hires and pays individuals to help perform the work can hire a substitute and pays the substitute hired for a specific job rather than an on-going relationship compensated by a flat fee and incurs expenses in performing

the services financially liable if terms of the contract are not fulfilled actively advertises and markets his / her services

risk management on employee vs self-employed

employer faces fines, penalties, interest employer must pay not only the

unremitted taxes, but both the employee’s share and employer’s share of CPP and EI

legal fees in federal court to defend breach of Workplace Safety Ins Act breach of Ont Human Rights Code breach of ESA Potential for wrongful dismissal suits

life cycle of an employee

recruitment & hiring orientation performance management adherence to legislation termination

recruitment

determination of a job to do

job description tasks to be performed responsibilities, expectations qualifications to do the job special certificates, licenses needed working conditions

recruitment

develop job ad from the job description brief introduction to your company description of the job qualifications needed what format you want the application to be

in who to submit to deadline for submissions

recruitment

job posting own website (free) OLTA’s website (free) job bank (free) colleges and universities (mostly free) local employment service agencies (free) workcabin.ca (free) goodwork canada ($50) ecoCanada ($250) workopolis (yikes) monster.ca (ditto)

interview

be prepared ahead of time with standard questions consistently asked of each candidate

ask between 8 to 10 questions base questions on the job and the qualities you want

from the candidate use some behavioural questions should be 2 interviewers, know who is going to ask

which question consider the interview a two way conversation, the

candidate should be assessing if they want to work for you

maintain control of the interview consider practical test get permission and call references

interview

keep it legal interview should be fair employment laws protect employees

privacy cannot ask questions about

religion national origin age, height, weight marital status disability genderunless they are qualifications essential to the

business

employee management job offer

clearly states start date, salary, benefits, includes job description recommend a signature from employee

orientation physical surroundings, exits, washrooms, first aid station review of corporate policies & corporate values benefit plans health and safety training review of personnel policy information mgmt training job training

performance management system sets goals and commitments for the year provides positive feedback and areas for improvement provides documentation for advancement or discipline or dismissal

employment standards act

employment standards act

critical piece of employment legislation non-negotiable minimum standards

risk management on ESA

employers that do no comply with the Act suffer fines and penalties

may also be subject to quasi-criminal prosecution prosecutions on the rise

2001 = 7 prosecutions 2006 = 456 prosecutions

if employer is convicted of a first offence, may be fined up to $100,000

repeat offence = $500,000 director of the company may be personally fined up to

$50,000 and/or sentenced to up to 12 months imprisonment

10 steps to compliance

1. posting obligation What you should know about the Ontario

Employment Standards Act poster

2. record keeping obligation records kept for 3 years subject to inspection by ES Officer name, address, dob, start date, hours

worked, absences, agreements to average overtime, vacation time, vacation pay paid

10 steps to compliance

3. know when and how to pay overtime those hours worked in excess of 44 hours

per week paid at one and a half times regular wages a salary does not include overtime salaried employees are entitled to overtime

pay employees can agree to take time off in lieu

based on one and a half times the hours (personnel policy – terms of employment)

managers are not entitled to overtime unless…

10 steps to compliance

4. know the public holiday provisions new year’s day family day good friday victoria day canada day labour day thanksgiving day christmas day boxing day

if worked, must be paid at one and a half times regular wages or can substitute an alternate day off

must work scheduled day before and scheduled day after

10 steps to compliance

5. know the hours of work provision may not require or allow an employee to

work more than 8 hours per day or 48 hours in a week

written agreement with employee to work more than 8 hours per day

written Approval from the Director of Employment Standards for hours in excess of 48 hrs/week

still obligated to pay overtime pay for all hours in excess of 44 hours

10 steps to compliance

6. personal emergency & family medical leave provision

employees length of service is not interrupted as a result of taking leave personal emergency leave

only employers who regularly employ 50 employees

family medical leave unpaid leave of absence of up to 8 weeks to

provide care or support to family member if a qualified health practitioner issues a certificate stating a serious medical condition exists with significant risk of death in 26 weeks

10 steps to compliance

7. know when and how deductions can be made from employee’s paycheque

employer must be empowered or required by a statute or court order

must have employee’s written consent must refer to a specific amount of money or

formula for calculating

10 steps to compliance

8. know what constitutes a layoff temporary, cannot last more than 13 weeks in a 20

week period greater than this, the employer is deemed to have

terminated and notice of termination and severance pay, if applicable, is required to be paid

9. know what breaks you must provide one-half hour unpaid rest period for every 5

consecutive hours of work or can be in 2 – 15 min periods if employee agrees

10 steps to compliance

10. know when to ask for help obligations are constantly changing audit your human resources policies and

practices, both written and unwritten to avoid violations

use your network for advice and information

resources are plentiful, so ignorance is not an excuse to avoid fines, penalties, quasi-criminal convictions

termination

employer ends the employment written notice termination required

(Section 57 of the ESA) Less than 1 Year 1 week 1 year but less than 3 years 2 weeks 3 years but less than 4 years 3 weeks 4 years but less than 5 years 4 weeks 5 years but less than 6 years 5 weeks 6 years but less than 7 years 6 weeks 7 years but less than 8 years 7 weeks 8 years or more 8 weeks

can provide payment in lieu of notice which is referred to as termination pay

recommend providing written notice even if an employment contract states ending date

severance pay

not the same as termination pay, which is given in place of the required notice of termination

paid to a qualified employee as compensation for loss of seniority and the value of firm-specific skills and recognizes his/her long service occurs due to bankruptcy, insolvency constructive dismissal wrongful dismissal

policies and procedures

highly recommend a personnel policy can deal with all the employment standard

compliance issues template available from OLTA

fact or fiction?

employee decides when their vacation time is taken

if an employee doesn’t take their vacation, they forfeit it

timesheets aren’t required if you are paid a salary

employees are entitled to paid sick time employers must give 2 -15 minute paid breaks any hours in excess of regular work day is

considered overtime employees must give 2 weeks notice

resources

resources

www.cra.gc.ca/payroll www.cra.gc.ca/cppeiexplained www.labour.gov.on.ca www.servicecanada.gc.ca www.hrsdc.gc.ca

resources

printed materials Complying with the ESA, workbook for

employers Employee vs Self-Employed, RC4110 Request for Ruling under CPP and EI Act What you should know poster Job description/interview questions/job ad

example info on registering for EI as self employed Charity law bulletin – ee or self employed?