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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:

  • Improving the recruitment and selection process
  • Expanding the onboarding procedures for new hires
  • Outlining a clear compensation and benefits plan
  • Clarifying statutory leaves of absence for all workers
  • Documenting progress to monitor work performance
  • Managing disciplinary and termination procedures
  • Organizing resignations and retirements of employees
  • Adhering to occupational health and safety regulations

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

  • On payroll
  • Receive deductions on each paycheque for CPP, MPP, EI, etc.
  • Earn vacation days off
  • Eligible for employee perks, such as (if applicable) group health benefits, professional development funds, etc.
  • Employment dictated by the Employment Standards Act
  • Eligible for statutory leaves, holidays and benefits
  • On payroll
  • Submit timesheets for hours worked
  • Receive deductions on each paycheque for CPP, MPP, EI, etc.
  • Receive percentage vacation pay on each paycheque
  • Generally not entitled to employee perks such as (if applicable) group health benefits, professional development funds, etc.
  • Employment dictated by the Employment Standards Act
  • Submit invoices for hours worked
  • Provide their own equipment and cover their own costs of working (e.g., office supplies, cellphone charges, travel, etc.
  • Manage their own hours and are responsible for getting the work done within the timelines agreed upon
  • NOT eligible for paid vacation
  • NOT entitled to employee perks such as (if applicable) group health benefits, professional development funds, etc.
  • NOT eligible for statutory leaves, holiday and benefits

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:

  • Compensation
  • Group Health Benefits
  • Paid Time Off
  • Employment practices related to:
    • Performance reviews
    • Leaves of absence
    • Vacation requests, etc.

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. 

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.

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.

Leaves of Absense

Independent contractors are not employees and are therefore not eligible for leaves of absence through the Employment Standards Act

Performance Growth & Assessment

Performance growth and assessment are activities that apply to the employee-employer relationship. Independent contractors are not employees.

Discipline & Termination

Discipline and termination are concepts that generally used when referring to the employee-employer relationship.

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.

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. 

Workplace Policies

This chapter outlines policies and procedures that can support the governance and operational structure of your organization.