The HR Toolkit is for board members, managers and supervisors who are responsible for recruiting, onboarding, training and managing staff. This HR Toolkit was created to support Medical Staff Associations (MSAs) and Physician Societies to utilize best practice and equitable approaches to people management, while also highlighting the employer’s obligations.
The practices suggested in this HR Toolkit will assist individuals in:
EQUITY, DIVERSITY & INCLUSION (EDI)
Throughout this HR Toolkit, you will find BLUE boxes indicating ‘Equity, Diversity and Inclusion (EDI) Best Practices.’ EDI refers to the fair and respectful treatment of all people, particularly those that have been historically marginalized [equity]; the promotion of differences among people’s life experiences and perspectives, which may involve their race, ethnicity, skin colour, religion, ability, gender identity, sexual orientation, and more [diversity]; and the creation and continuous practice of a respectful and diverse culture that welcomes and supports all [inclusion]. EDI best practices are essential for the success of any organization and are ideally incorporated throughout an employee’s life cycle – from recruitment to offboarding. The ‘EDI Best Practices’ boxes highlight top tips and recommendations for incorporating this perspective.
Additionally, within PURPLE boxes, you will find the resources, tools and templates relevant for each section of the HR Toolkit.
There are many types of staff that work within the MSAs and Physician Societies. The table below highlights some of the key features that defines each category of staff.
Regular, Salaried Employees
Regular, Hourly Employees
Independent Contractors
EMPLOYEE VS. CONTRACTOR: AN IMPORTANT DISTINCTION
The distinction between employees (salaried and hourly) and contractors is important. The decision whether to hire a staff member as an employee or a contractor has many different implications. Making sure you make the right call and ensuring that your internal practices are aligned with your decision is critical.
There are resources and tools to support employers in determining whether a staff member should be an employee or a contractor.
Once an assessment has been completed, it is important that all on-going practices are aligned with the original determination. If the needs of the organization change and, for example, a contractor is being asked to work more like an employee, the contractual relationship will need to be reviewed and a new assessment and determination completed.
Resources:
There are occasions when a MSA or Physician Society has a staff member who is hired though a health authority or another external partner. On these occasions, these employees are subject to the terms and conditions of their employment contract with their employer (i.e., health authority or external partner). While these partnerships can be beneficial, they can cause confusion when staff who work side-by-side but are appointed through different organizations have differences in:
It is important in these situations that all parties understand how this employment relationship will work and what are the differences in policy and practice between a MSA appointed and hired employee, and a MSA staff member hired through a health authority or external partner.
Should you have any additional questions or concerns regarding the topics covered in this Toolkit, please consult your Engagement Partner. The role of the Engagement Partner is as a strategic advisor in identifying appropriate staffing needs to achieve your organizational priorities in alignment with your Document of Intent (DOI) and Memorandum of Understanding (MOU), as applicable.
When your human resources questions are more complex, it may be important to consult an external HR expert. HR consultants or employment lawyers can be hired on an hourly or project basis to meet your needs. Your Engagement Partner may have recommendations of companies who can support your needs.
This HR Toolkit is a living document and will be updated to reflect current legislation and best practice.
The success of any organization is closely tied to the quality of its staff. Recruiting and hiring for an independent contractor is different than hiring for an employee. When hiring for an independent contractor, you should be focused on just assessing their background and experience to determine whether they have the skills to do the job and/or task effectively.
Hiring for an employee, in comparison, is generally more labour intensive. It requires finding someone who has the appropriate experience and background to do the role, but also someone who will work effectively with the team and will be an integral member to the organization’s ongoing success. Their “fit” within the team and commitment to the organization and its mission and values is important.
Remember, if the role of the independent contractor changes and they become an integral member of the team, delivering and executing on “core business” of the organization, the employment relationship should be re-considered and potentially a new employee role created. Recruitment and hiring should be re-done but this time as an employee versus an independent contractor.
The following section outlines the key steps and considerations in the independent contractor hiring process. It highlights processes that consider an equity, diversity and inclusion (EDI) lens, as well as other best practices in finding and attracting quality candidates.
If you have additional questions or concerns, please consult your Engagement Partner.
When hiring for an independent contractor position, the process may be more or less involved. As the agreement between an employer and an independent contractor does not have the same amount of risk and liability, depending on the project and/or job requirements, you may choose to skip some of these steps.
When hiring an independent contractor you can post for the position like a regular job posting, or you can submit a Request for Proposals (RFP). A RFP outlines the project deliverables you would like an independent contractor to complete and requests individuals to submit an Expression of Interest (EOI) that articulates how they would plan to achieve the project objectives, the cost and a list of references.
EDI Best Practices:
- Use gender neutral pronouns. Avoid binary personal pronouns and instead use ‘they’ or ‘the candidate’.
- Be aware of ‘feminine’ versus ‘masculine’ words.
- Avoid extreme modifiers such as, ‘world class’ or ‘unparalleled’. These can discourage qualified candidates who may not self-identify with the terms or language used.
- Focus on the necessary requirements rather than the ‘nice to haves’ to give latitude to candidates with transferable skills.
- Communicate your commitment to equity, diversity and inclusion. Doing so will help signal to potential candidates that their personal identity and experience will be welcomed and supported.
Resources:
When reviewing applications for an independent contractor position, the process may be more or less involved. As the agreement between an employer and an independent contractor does not have same amount of risk and liability, depending on the project and/or job requirements, you may choose to skip some steps.
Strong candidates for independent contractor positions will be confident answering questions regarding:
Resources:
When hiring an independent contractor, the process may be more or less involved. As the agreement between an employer and an independent contractor does not have same amount of risk and liability, depending on the project and/or job requirements, you may choose to skip some steps.
Resources:
Resources:
EDI Best Practices:
- To support diversity and inclusion, some policies include statements that describe the organization’s acknowledgement that there can be stigma surrounding people’s criminal history. To avoid perpetuating shame, the organization may not consider crimes around drug offences, sex work, property offences, or poverty-related offences as relevant in determining a candidate’s suitability for a role.
Appointment and onboarding are terms that apply to employees and the employer-employee relationship. Appointment refers to collecting all of the critical information to set them up as an employee within your organization. Onboarding is the process of equipping new employees with the knowledge and skills necessary to become an effective team member.
In the case of independent contractors, the employer is responsible for setting up a method to pay the independent contractor and for ensuring that the project deliverables and/or service requirements are articulated and clear for successful execution.
This section outlines the steps required to ensure an independent contractor is set up for success.
If you have additional questions or concerns, please consult your Engagement Partner.
Compensation for independent contractors looks very different than compensation for employees. It is important that workplaces ensure that this distinction is made clear and is maintained. For example, for independent contractors:
TThe following section provides guidelines on what to consider when developing your organization’s compensation strategy as it related to independent contractors.
If you have additional questions or concerns, please consult your Engagement Partner.
Independent contractors can re-negotiate their payment. This must be done in accordance with the terms of the contractor agreement. The employer can choose to accept any changes to payment or not.
Contractors are not eligible for benefits. Group health and welfare benefits are applicable for regular employees.
Contractors are not eligible for pension benefits. A group pension plan for RRSP contributions is applicable for regular employees.
Contractors are not eligible for paid time off. Instead, contractor agreements may state that the contractor can refrain from providing services for a specific period of time, however unpaid, during the contract term (or as otherwise approved by the contracted).
Independent contractors are not employees and are therefore not eligible for leaves of absence through the Employment Standards Act.
When independent contractors need time away for personal or health matters, this time away will need to be negotiated with the employer and may result in the contract being terminated.
If you have additional questions or concerns, please consult your Engagement Partner.
Performance growth and assessment are activities that apply to the employee-employer relationship. Independent contractors are not employees. If the independent contractor is not meeting the deliverables articulated in the contractor agreement, the employer can meet with the independent contractor to clarify expectations. If that does not work, the contractor agreement can be terminated. For more information on ending a contractual agreement, see Chapter 7: Discipline and Termination.
If you have additional questions or concerns, please consult your Engagement Partner.
Having difficult conversations is critical for the health of any organization. Difficult conversations can trigger lots of emotions in those who initiate them and/or receive them.
Discipline and termination are concepts that generally used when referring to the employee-employer relationship. Due the different nature of the relationship, independent contractors do not get disciplined. If they do not successfully execute or complete the deliverables, then the contractor agreement will be terminated and/or payment will be withheld as per the terms outlined in the contractor agreement.
It is recommended that contractor agreements clearly outline what will happen when the independent contractor does not meet the outlined deliverables. Having this clearly outlined will ensure that should things happen, there is a clearly articulated process to having the issue resolved and/or addressed.
If you have additional questions or concerns, please consult your Engagement Partner.
Independent contractors are not subject to the Employment Standards Act. As such, they are not entitled to notice requirements and/or severance as outlined in the Employment Standards Act. Contractor agreements can be terminated at any time as per the terms and conditions outlined in the contractor agreement.
Resignations and retirements are concepts that refer to the employee-employer relationship. Independent contractors end their contracts and contractual obligations as per the terms and conditions of the contractor agreement.
If you have additional questions or concerns, please consult your Engagement Partner.
The terms of ending a contract are often articulated in the contractor agreement and will indicate how much notice may be required should the independent contractor decide to end the agreement early, or when the agreement would naturally come to an end upon the completion date of a particular project.
Occupational health and safety refers to the requirements an employee and employer are expected to implement and follow to ensure organizational safety and well-being. In British Columbia, WorkSafeBC establishes the organizational standards that employers are expected to implement.
If your organization hires an independent contractor it is important to determine whether:
Below are some resources that can be helpful in making that determination:
This section outlines WorkSafeBC requirements and provides tools and guidelines for how Doctors of BC, through their organizations, can meet these obligations and support the health and well-being of their employees.
If you have additional questions or concerns, please consult your Engagement Partner.
This chapter outlines policies and procedures that can support the governance and operational structure of your organization. The first section highlights two (2) policies that are required within your workplace – a bullying and harassment policy and a privacy policy – while subsequent sections provide suggestions of policies that you may want to consider for your workplace.
Whether you have an independent contractor or an employee, your MSA or Physician Society will be required to have these two policies. These two policies should include reference to any independent contractors and/or workers that your organization engages with.
If you have additional questions or concerns, please consult your Engagement Partner.