Human Resource Management (Part 1) Flashcards
Roles & Responsibilities
● Recruitment ● Selection of employees ● Orientation / Training ● Performance management ● Employee relationships ● Legal / contract / union relationships ● Termination
Human Resources Basics
● Get the right people
● Keep the right people
● Help the people grow
● Watch the business grow
● Protect the workers
● Protect the organization
Legislation - Alberta
- Employment Standards Code & Employment Standards Regulation
- Rules and regulations - minimum standards
- Alberta Human Rights Act - Alberta Human Rights Commission
- Personal Information Protection Act or Freedom of Information and Protection of Privacy Act
- Occupational Health and Safety: ensure safe workplace
- Employment agreements (contracts) - can exceed legislative minimums
- Collective bargaining agreements (union) - can exceed legislative minimums (collective group negotiating instead of just an employee/employer)
nothing can be less than legislation
min wage
hours of work and rest
Minimum Wage
● $15.00/hour
○ Defined exceptions
Hours of Work & Rest
● 12 hour shift (max) - exceptional circumstances allowed
● Minimum of 30 minutes of rest during every 5 hour work period (paid vs
unpaid) - after 10 hours (2 x 30 min break)
○ Must be a paid break if you are unable to leave workplace (job requirement)
● Minimum of one day of rest each work week
● 3 hour minimum shift length (@ minimum wage) - exceptions
● EXCEPTIONS: e.g.) managers / supervisors / others
overtime
● Overtime = over 8 hours per day or 44 hours per week (whichever is greater)
● 1.5X regular rate for overtime hours
● EXCEPTIONS: managers / supervisors / others
● Employee / employer can enter into Overtime Agreements
○ Can bank overtime (time off with pay 1:1 hours worked to hours banked)
○ Banked time must be used within 6 months
will get time off instead of OT pay
● Employee / employer can enter into Averaging Agreements
○ Hours of work averaging agreement
○ Flexible averaging agreement
slide 9
how many OT
Mon, Thu: 2 hours extra
8-44 rule, use what is greatest
56 is most overtime
56-44= 12 hours OT
general holidays
Easter monday is not a general holiday, just get younormal hours
regular day of work:
employee works: hours worked x 1.5 wage + avg daildy wage
or
hours wroked x hourly wage + future day off at avg daily wage
employee doesn’t work: avg daily wage
not a regular day of work (eg. good Friday):
hours worked x 1.5 wage x 1.5
not eligible for genral holiday pay
vacation
Employers must give vacation time and employees must take vacation time
● Must work for 1 year before entitled to vacation
○ To take vacation some time in the next 12 months AFTER they have earned it
● First 4 years - 2 weeks vacation time - paid leave - (4% of regular pay)
● After 5 years - 3 weeks vacation time - paid leave - (6% of regular pay)
● Unbroken period (unless agreed to in writing)
● Employer can designate when vacation is to be taken (with 2 weeks written
notice)
job protected leave
○ Bereavement ○ Citizenship ceremony ○ Compassionate care ○ COVID-19 leave ○ COVID-19 vaccination leave ○ Critical illness ○ Death or disappearance of child ○ Domestic violence leave ○ Long term illness and injury ○ Maternity and parental leave ○ Personal and family responsibility leave
earnings and deductions
they only need to tedd you before pay period
○ Paid daily, weekly, biweekly, semi-monthly, monthly
○ Paid within 10 days of the end of the pay period (termination exceptions)
○ Must issue a pay statement (statement period, regular / OT hours, regular / OT wage rate,
general holiday pay, vacation pay, deductions)
○ If employer initiates any reduction in earnings rate, they must do so in advance of the pay
period affected
○ Mandatory deductions include income tax, Canada Pension Plan, Employment Insurance,
court required garnishment
○ Deductions mandated by a collective agreement (union)
○ Deductions authorized by the employee (e.g. pension plan, medical / dental plan, RRSPs,
etc.)
○ DEDUCTIONS NOT ALLOWED: Uniforms, faulty work, cash shortage or loss of property
(some exceptions)
Legislation - Federal
- Payroll
- Social Insurance Number (SIN)
- TD1 and TD1 - AB
• Withhold Deductions & Pay Remittances
• Income tax
• CPP (Employer - 5.7% / Employee - 5.7%) - Max: $3499.80/year (employer and
employee each)
• EI (Employer - 1.58% x 1.4 / Employee - 1.58%) - Max: $1333.84/year
(employer) ; $952.74 (employee)
• Record of Employment issued upon leave (termination, pause in earnings or job
protected leave)
see slide 15
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Termination of Employment - Employer
● Employer can terminate any employment relationship
○ Consideration to employment contracts (if applicable)
○ Subject to job protected leave
○ Careful consideration to “protected ground” situations
■ Employer has a duty to accommodate employee’s needs
● Subject to notification and / or severance
○ Termination notice or termination pay or combination of notice AND pay
● Termination with “Just Cause”
○ No notice / severance required if termination is for “just cause”
○ Theft, gross misconduct, violence, harassment, breach of duty, neglect of duty, gross
insubordination
○ Employer must be able to demonstrate the employee was aware their actions were
inappropriate, aware of consequences, opportunity to change behaviour
○ BEST PRACTICE: Seek legal opinion
Termination of Employment - Employer
notice length
Notice (or pay in lieu) Length of Employment
1 week 90 days - 2 years
2 weeks 2 - 4 years
4 weeks 4 - 6 years
5 weeks 6 - 8 years
6 weeks 8 - 10 years
8 weeks 10+ years
Termination Best Practices
● Use of an employment agreement to define terms and conditions
● Documentation in employee record
○ (Note: records can be disclosed to employee - PIPA)
● Accurate records (all events / conversations / written information)
● Use of employee handbook / policy & procedure manual
○ Clearly outline expectations / cause for dismissal
○ Have employee sign (@ start of employment and annually)
● Serious infractions => disciplinary action in writing
○ What happened
○ Consequences of non-adherence
○ Time to correct
Human Rights - Responsibility of Employer
● Ensure no discrimination
● Build an inclusive workplace by removing barriers based on protected
grounds (race, colour, ancestry, place of origin, religious beliefs, gender, age,
physical / mental disability, marital status, family status, source of income,
sexual orientation)
● Consider requests for accommodation for needs based on a protected ground
Termination Letter - Employer
Must be in writing
● Must be addressed to the employee
● Include a termination date
● Sample Termination Letter
○ Effective date
○ Explanation as to why termination occurred
○ Final earnings (10 calendar days of end of pay period or 31 days after the last date of
employment)
● RESOURCE
● Employee MAY be entitled to MORE than the legislative minimums => Best
Practice: seek legal advice before terminating
employee termination
● 3 months of employment or less ○ No notice to employer required ● 90 days - 2 years ○ 1 week notice ● 2+ years ○ 2 weeks notice Exceptions ● Health or safety risk to employee - dont need notice ● Casual employees ● Reduction in compensation
Legislation - Alberta
● Enforcement - Anonymous tip ○ Name not related to tip ○ May or may not be investigated ○ Status of investigation / findings are not revealed ● Formal complaint ○ Filed by employee against employer ○ Can recover wages / entitlements / etc. ■ Resolution ● Voluntary ● Mediation ● Non-voluntary
Unions
pharmacy not unionized
Collective bargaining agreement between employer and representative (union)
● Employer based
○ Alberta Labour Relations Board Certification of the workplace
● Union becomes designated bargaining agent for employees
● Provincial employment standards are still the minimum
● More criteria outlined / rules impacting human resource decisions as negotiated
● Union dues withheld from employees within unionized environments
● Petition to form a union - _________ must sign (minimum) to petition
for a vote to unionize
○ Majority rules
○ Exception: - ___________________
○ Certification registered with Alberta Labour Relations Board
● Employer can voluntarily recognize the union
Examples:
Health Sciences Association of Alberta & Alberta Health Services
40% of employees
if 65% of employees support unionize (at the petition stage), no vote is needed
Collective bargaining agreement cannot create requirements BELOW the minimum employment standards
● Can include provisions agreed to by both parties through the bargaining process
○ Eg) breaks, vacation, seniority, promotions, wages, benefits, etc.
● Employees have a resource (union representative) if required for disputes with employer
● Expired agreement can result in strike (union and employees) or lockout (employer)
