Contractors

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:

HR TOOLKIT FORMAT & RESOURCES

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.

FORMS & TEMPLATES

Additionally, within PURPLE boxes, you will find the resources, tools and templates relevant for each section of the HR Toolkit.

STAFF CATEGORIES

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:

HEALTH AUTHORITY EMPLOYEES OR OTHER JOINT HIRES WITH EXTERNAL PARTNERS

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.

ADDITIONAL SUPPORT

ROLE OF THE ENGAGEMENT 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.

EXTERNAL HR SUPPORT

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.

CONCLUSION

This HR Toolkit is a living document and will be updated to reflect current legislation and best practice.

Recruitment & Hiring

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.

PREPARE FOR RECRUITMENT

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.

HIRING LEAD

Must:

  • Identify one (1) person as the Hiring Lead who will be responsible for leading the recruitment process. They will be joined by one or two more people when in-person interviews are being conducted.

Best Practice:

  • Select a Hiring Lead depending on the position to be filled. It may be a senior staff person, project lead, Executive Director, Board Chair, etc.

JOB DESCRIPTION OR REQUEST FOR PROPOSALS (RFPs)

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.

Must:

  • Build a job description or request for proposals (RFP) that accurately describes the work, timeline, deliverables, skills required.

Consider:

  • Consider including keywords that job seekers are using to search for independent contractor jobs, such as: 
    • “[Role name] contract basis”
    • “Independent worker”
    • “Contract basis”
    • “Contractor”

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.

Consider:

  • Including as much detail as possible about the scope and scale of the job or deliverable required.

Resources:

HIRING TIMELINE

Must:

  • Determine the hiring timeline using the steps outlined in this chapter. First, select an ideal start date. From that date, work backwards to determine a realistic timeline that provides adequate time for each step of the process to occur.

Best Practice:

  • Allow two (2) weeks per step to keep hiring timeline on track.

Consider:

  • Reviewing how long previous hiring searches [for the role being filled] have gone on for to support accurate development of your timeline.

POSTING THE JOB OR REQUEST FOR PROPOSALS (RFP)

Must:

Consider:

  • Consulting your Engagement Partner for additional suggestions and support where required.
  • Reviewing where jobs have previously been posted [for the role being filled] to determine alternate avenues for reaching candidates.

REVIEW APPLICATIONS

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.

Must:

  • Review all applications. Eliminate applicants who do not meet the basic criteria or qualifications.  
  • Use the job description or request for proposals (RFP) to shortlist appropriate applicants to approximately 5 or 6 applicants for telephone interviews.

Best Practice:

  • Upon initial review of cover letters and resumes, separate applicants into an A, B or C pool. If you have a strong A pool, carry only these applicants to the next step.

Consider:

  • Sending a courtesy email to all candidates indicating you have received their application and will contact them only if they are selected for an interview.

INTERVIEW PROCESS

INTERVIEW QUESTIONS

Strong candidates for independent contractor positions will be confident answering questions regarding:

  • Their ability to work independently and complete the required needs
  • Work with a professional rapport and adherence to any confidentiality agreements

Must:

  • Build a consistent list of questions to be used for all interviews, including telephone and in-person interviews.
  • Use the Contractor Interview Guide to get started. Analyze the job description and/or RFP to build out additional role-specific or project-specific questions.

Best Practice:

  • Consistently apply the same interview questions and structure to all candidates.

Consider:

  • Consulting your Engagement Partner for additional suggestions and support where required.
  • Reviewing questions previously used for hiring [for the role being filled] and revise as required.

Resources:

INTERVIEWS

Must:

  • Determine who will conduct the in-person interviews. Provide the list of interview questions to interviewer(s).
  • Notify unsuccessful candidates. 
  • Make a courtesy call or send an email to all candidates who participated in an in-person interview.

Best Practice:

  • Ask a variety of questions to determine whether they have the skill and experience to do the job.
  • Perform in-person interviews with a minimum of two (2) people from the organization present.
  • Make notes during the interview for reference when assessing and making final decisions.

NEW HIRE

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.

REFERENCE CHECKS

Best Practice:

  • Request at least three (3) references.
  • Reach out to the references via email and set a time to connect. This helps avoid multiple unanswered phone calls.

Resources:

SECURING AN AGREEMENT

Must:

  • Obtain any necessary approval for the hire.
  • Finalize the terms of the agreement: cost, timeline or term, deliverables, etc.
  • Call the preferred candidate and indicate your willingness to accept their proposal. 
  • Follow up the phone call with a contractor agreement, signed by an authorized signatory, via email.

PREPARE A CONTRACTOR AGREEMENT

Must:

  • Draft a contractor agreement outlining the terms of the contractual arrangement: start date and/or timeline or term; project deliverables; cost and any other conditions to the agreement (confidentiality, project costs, etc.).
  • Use the Sample Contractor Agreement to get started.

Best Practice:

  • A contractor agreement must set out the responsibilities and obligations of the organization and the independent contractor during the period of employment. The contractor agreement will include:
    • Work Status: this work will be completed by an independent contractor
    • Term of Employment: on-going or fixed term
    • Hours of Work (if applicable): hours of work and description of any flexible working options, such as working remotely; working evenings and/or weekends; etc.
    • Services Provided: description of services and/or deliverables to be provided by independent contractor
    • Compensation: description of payment (amount and method)
    • Insurance: description of whether the independent contractor is required or not required to have insurance attributed to their services provide and whether the cost of the insurance will be and will not be reimbursed by the employer.
    • Expenses (if applicable): description of whether the independent contractor’s travel or other expenses will or will not be covered by the employer
    • Other Terms: reference to any other terms and conditions of the contract such as, requirement to abide by a confidentiality agreement, for example
    • Termination Terms and Conditions: amount of written notice required; employer’s right to terminate, etc.
  • Give the independent contractor a deadline to review and sign the offer (generally three (3) to five (5) business days). 

Consider:

Resources:

CRIMINAL RECORDS CLEARANCE

Must:

  • If your organization requires a criminal records clearance for an independent contractor, a policy must exist to articulate the organization’s position and requirements.

Best Practice:

  • A criminal records clearance is recommended if the independent contractor will have financial responsibilities on behalf of the organization.

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 & Onboarding

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.

PROJECT LAUNCH MEETING

Best Practice:

  • Set up a meeting with the independent contractor to review at minimum:
    • Terms and conditions of the contractor agreement
    • Contract deliverables or services
    • Communication requirements and/or expectations

JOB/PROJECT DELIVERABLES REVIEW

Must:

  • Conduct an official review of the deliverables based on an established timeline.

Best Practice:

  • Have regular meetings to keep job/project deliverables on pace and to avoid surprises.
  • Use these meetings as an opportunity to clarify expectations and ensure projects are on track.

Compensation & Benefits

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:

  • There is more flexibility for contractors to negotiate or set their own rates
  • They can be paid by project, by hour, or by retainer
  • The fees are articulated in a contractor agreement (versus an employee agreement)
  • Their fees may be higher because they are responsible for covering their own insurance, equipment, time off, etc.
  • They are NOT eligible for benefits, paid time off, employee insurance, etc.

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.

COMPENSATION

COMPENSATION DETERMINATION

Must:

  • Have a written agreement that outlines the fees for the independent contractor’s services. The fee structure could be by:
    • Project
    • Per hour for services rendered
    • By retainer (e.g. monthly fee for potential services rendered)
  • The fee structure can be proposed by the organization in a request for proposals (RFP), or it can be negotiated with the potential independent contractor. 
  • See the Sample Contractor Agreement.

Consider:

  • Generally, the fees for independent contractors are higher than what you would pay an employee. The reason for the difference is because independent contractors are required to pay for their own equipment, insurance, sick time and vacation time, etc.
  • Independent contractors are also not eligible for employee benefits like:
    • Employment Insurance
    • Canadian Pension Plan
    • Paid Time Off

COMPENSATION PROGRESSION

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.

HEALTH BENEFITS

Contractors are not eligible for benefits. Group health and welfare benefits are applicable for regular employees.

PENSION PLAN

Contractors are not eligible for pension benefits. A group pension plan for RRSP contributions is applicable for regular employees.

PAID TIME OFF

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).

Leaves of Absense

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 & Assessment

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.

ROLES & RESPONSIBILITIES

EMPLOYER

Must:

  • Articulate the deliverables and/or services to be provided in a contractor agreement.

INDEPENDENT CONTRACTOR

  • Deliver the product or services articulated in the contractor agreement, as per the terms and conditions of the contract.

PLANNING & SETTING EXPECTATIONS

Must:

  • Ensure the contractor agreement clearly articulates the services and/or product(s) to be provided by the independent contractor and any other terms and conditions related to the contractual engagement (timeline, communication plan, reporting structure/project owner, etc.).

PROVIDING FEEDBACK

Best Practice:

  • As required, schedule regular project check-ins. Use check-ins to provide real-time feedback on the work being done.
  • Do not wait for a scheduled check-in to bring up an issue.

DIFFICULT CONVERSATIONS

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.

Must:

  • Ensure you find and create a safe space to hold your discussion.
  • As appropriate, give the individual advance notice about what the topic of conversation will be so they can feel prepared and ready.
  • Spend time preparing for the discussion to clarify the purpose and objective of the meeting. Zero in on the key messages you wish to communicate.
  • Determine what follow-up will be required and/or the timeline for addressing the identified concerns.

Best Practice:

  • Follow-up the meeting with a written email to the independent contractor to summarize the discussion and highlight any follow-up items and/or to-dos.

Discipline & Termination

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.

ROLES & RESPONSIBILITIES

EMPLOYER

Must:

  • Ensure that the deliverables outlined in the contractor agreement are fulfilled.
  • Follow the terms and conditions outlined in the contractor agreement to address any issues.

INDEPENDENT CONTRACTOR

Must:

  • Fulfill the terms and conditions of the contractor agreement.
  • Address any changes to project scope and/or timeline in a timely and appropriate fashion.

NOTICE REQUIREMENTS, WORKING NOTICE & SEVERANCE

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 & Retirements

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.

TERMINATION OF CONTRACT

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 & Safety

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:

  • They pay for their own workers compensation coverage; or
  • They are considered a “worker” as defined by WorkSafeBC, and the MSA or Physician Society will be responsible for covering their workers compensation coverage

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.

ROLES & RESPONSIBILITIES

EMPLOYER

Must:

  • Determine whether the independent contractor is considered a “worker” as defined by WorkSafeBC and that the appropriate coverage (if applicable) is provided by the independent contractor or by the MSA or Physician Society.
  • Pay any required workers compensation coverage for any applicable “worker”
  • For all identified “workers,” follow all other employer responsibilities for occupational health and safety as outlined in the Regular Employees section of this HR Toolkit.

WORKERS

Must:

  • (If applicable) ensure that they have the appropriate workers compensation coverage either through personal coverage or through their client/employer.
  • Follow all other worker responsibilities for occupational health and safety as outlined in the Regular Employees section of this HR Toolkit.

Workplace Policies

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.

MANDATORY WORKPLACE POLICIES

BULLYING & HARASSMENT POLICY

Must:

  • As per WorkSafeBC, employers must implement a bullying and harassment policy (sometimes known as a respectful workplace policy) that is applicable to all employees, contractors, board members, volunteers, etc.
  • Workplaces are required to ensure all employees are aware of the organization’s bullying and harassment policy.
  • Workplaces are required to review their bullying and harassment policy on a yearly basis.
  • Here is an example of a bullying and harassment policy (also known as a respectful workplace policy)
  • Additional resources can be found on the WorkSafe BC website here

Best Practice:

  • This policy may include sections on:
    • Definitions
    • Roles and responsibilities of the employer and employees
    • Conditions that are applicable to the policy, such as protection of complainants; confidentiality; complaints against the senior leader or Executive Director; etc.
    • Procedures that are applicable to the policy, such as distribution of the policy and the complaint resolution process.

PRIVACY POLICY

Must:

  • The employer must implement a privacy policy that is applicable to all employees, contractors, board members, volunteers, etc.
  • This policy may cover the collection, use and disclosure of personal information; the protection of personal information; accessing personal information; and retaining personal information.

Best Practice:

  • This policy may include sections on:
    • Definitions
    • Roles and responsibilities of the employer and employees
    • Conditions that are applicable to the policy, such as the collection, use and disclosure of personal information; the accuracy and protection of personal information; accessing and updating personal information; the retention and destruction of personal information; the employer’s right to access its own technology systems (e.g., internet use, email); potential data breaches; etc.