As HR consultants, we are often asked what are the questions we get most often when first meeting with a new client. Here is a list of frequently asked questions with answers.
What policies are required to be compliant?
At a bare minimum, your policies need to reflect the Employment Standards Act of the province in which you do business. This legislation outlines the minimum requirements employers are required to follow. It lays the groundwork for things like vacation time eligibility, sick days, leaves (parental leave, bereavement leave, jury duty, etc.). However, requirements can vary according to industry, number of employees and location. To be compliant, employers need to ensure they are aware of the requirements for their specific organization.
How is termination pay calculated?
In a best-case scenario, the employment contract should outline how termination pay is calculated. In the absence of such direction, the Employment Standards (ESA) and common law practices provide guidance on how to calculate termination pay.
The ESA outlines the minimum payment required by law while common law payments consider what has been paid out in similar circumstances. Factors that influence common law payments include age, length of service, employability, etc. Common law payments are usually inclusive of the ESA payment requirement. Ensuring a fair and balanced termination package may avoid expensive litigation.
What is Pay Equity and what are our obligations?
Pay Equity legislation is intended to ensure compensation practices provide equal pay for work of equal value. In Ontario, all private and public sector employers with more than 10 employees are required to implement pay equity. Implementation requires evaluating jobs based on four key factors: required qualifications, required effort, responsibilities, and working conditions under which the job is performed. Read ASSOCIUM’s article on Pay Equity to learn more.
What are my health and safety obligations?
In Canada, a business’ health and safety requirements are outlined in the Occupational Health & Safety Act (OHSA). Specific health and safety regulations may differ slightly province by province, however all provinces share similar core principles.
Key aspects of a business’ health and safety responsibilities in Canada are:
- Hazard identification and assessment: Actively identifying potential hazards in the workplace and taking steps to eliminate or control them.
- Safety training: Providing comprehensive safety training to all employees on relevant procedures, equipment usage, and emergency response.
- Personal protective equipment (PPE): Ensuring employees have access to and are properly trained on using necessary PPE when required.
- First aid program: Establishing a readily accessible first aid program with trained personnel and necessary supplies.
- Incident reporting: Promptly reporting all workplace accidents, injuries, and near misses to relevant authorities.
- Workplace safety committees: Establishing worker participation through safety committees to discuss and address safety concerns.
- Compliance with regulations: Adhering to all provincial Occupational Health and Safety Act regulations which may include specific requirements based on industry and business size.
Creating and maintaining a health and safety program can feel like a daunting task if you are not familiar with the Occupational Health and Safety Act (OHSA) in your province and how it pertains to your business and workers. Stay informed, subscribe to the ASSOCIUM Advisor – informative articles about employee benefits, human resources and group purchasing.
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