ARE WE GETTING ANOTHER STATUTORY HOLIDAY IN ONTARIO?

The short answer – maybe.

Bill C-369 has passed 3rd reading in the House of Commons and is now before the Senate, which is one of the final steps before coming law.  Bill C-369 proposes the National Day for Truth and Reconciliation, which commemorates generations of Indigenous children who attended residential schools.  A new statutory holiday has been proposed for September 30, which is also known as Orange Shirt Day.

If it becomes an official Statutory Holiday, it would only apply to federally regulated workers, such as those working in the federal public service, banks, crown corporations and other related industries.  It will be up to the individual provinces and territories to determine if the holiday will be adopted in their jurisdictions.  Stay tuned!


NCHR Best Practices:
THE IMPORTANCE OF ROBUST EMPLOYMENT AGREEMENTS

One of the most important documents all employers should utilize to protect their business interests is an employment contract.  For our purposes herein, an employment contract is the offer letter we provide to new hires.  At NCHR, we prefer to utilize one document for all new hires which entails the offer of employment to the candidate and is inclusive of the terms and conditions of employment (ie. The Employment Agreement). 

We will discuss incorporating employment agreements to existing staff another day.
A robust, properly worded, employment agreement can significantly reduce liabilities, confusion, and costs down the road.  For instance, by incorporating minimal termination clauses into the employment agreement, we have saved dozens of clients thousands of dollars in potential termination costs.

In addition to the standard items seen in most employment agreements such as start date, vacation, job title and starting salary, the following best practice suggestions should be considered for most roles in Ontario (please note this is not an exhaustive list):

• Give the employee the opportunity and time to read, understand and seek legal advice before they sign your employment agreement. 

• If employment references and other background checks (such as a criminal check, drivers’ abstract, medical clearance etc.) are requirements for your organization, provide a ‘conditional’ employment agreement to your candidate that states these conditions must be achieved before employment may begin. 

• The employment agreement should always be signed prior to the employee’s first day. 

• When outlining the job duties in the employment agreement, include a copy of the job description as an attachment. 

• Clearly identify the title of the person the employee will formally report to. 

• If the employee will be eligible for group benefits, RRSP, pension or related plans, the terms of their eligibility should be noted.  Conversely, if the employee will not be eligible for these types of offerings, this should be mentioned as well. 

• Your Employee Handbook should be referenced as a document the employee will be required to adhere to.  Ideally, your Handbook will outline many standard policies as well as non-solicitation clauses, confidentiality requirements and intellectual property agreements, for example.  

• To reduce costs and liabilities in the event of termination down the road, include a strong termination clause. 

• Employers are required to embrace the concept of accommodating employees who require assistance due to sickness, injury and/or other disabilities.  Introduce this concept in the employment agreement to encourage the new employee to seek assistance if required. 

• Include a clause that cancels any previous conversations, negotiations or promises made to the employee, so the employment agreement constitutes the entire agreement. 

• If there is any chance the employee may require a temporary lay-off due to work shortages at some point during their tenure, mention this as a possibility within the employment agreement.

Offer letters require some finesse, so using one employment agreement template for all situations is not ideal.  Give us a call and we will help you develop enforceable employment agreements to protect your business interests and clarify employee terms of employment.


Contact us for more information: info@nchr.ca -  905-818-NCHR -  http://www.nchr.ca

This e-newsletter from NCHR Consulting & Recruitment Services contains important information about HR related legislative updates and other best practice suggestions and lessons learned, to help you better manage your business and employee situations.    

                                        NCHR e-newsletter: #21, June, 2019