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  • Conner Lantz
    Keymaster
    Post count: 4836

    1. We are in automotive and for our FT and PT staff we currently accrue in our systems for every $ paid to the staff on every payroll in their accrual bank and we then pay them their entitlement % when they take time off on any given payroll. I would like to make a change to this for only the PT staff so we can add the action accrual % directly to their pay on every payroll so when they take the time off we are just recording the time and not have to deal with the pay.
    -For out FT staff we will continue to accrue their vacation in the bank and pay them on their payroll when they take the time off.
    -In payroll what documents do I need to get this this done and what is the notice period I need to give my employees to make this adjustment? IF my staff has been laid off can I make this change before they come back and advised them of this change?

    2. some of my staff had a demo, insurance and gas on their contract agreement but due to pandemic and recent business before pandemic we need to adjust and take this benefit away form all those who have it on their contract. Can I do this across the board and how much notice.
    -if some of these staff are currently laid off I can make this change when they are back to work form layoff?

    1. Currently PT staff have a different pay cycle as the FT staff and we are paid semi monthly. I want to change the pay cycle for the PT staff to match the FT to be paid twice a month and have them adjust only 3 days per pay to capture the days that did not make it by the payroll deadline what document or notice do I need to give to the staff.
    2. Some of our bonus and commission is paid incorrectly for a few years and was not managed correctly by the payroll person. Some of these payments are in writing and some are not. I need to make this update and change to correct what it should be and will not claw the errors back from these employees. Other than my HR documentation what d I need to know about the payroll side

    Conner Lantz
    Keymaster
    Post count: 4836

    Here u go, Toni:
    OK, there are really 4 questions here:

    1. Changing vacation pay from an accrual to pay every period for PT employees. There is no notice period required, but this can only be done with each employee’s written consent. One option might be to make this a condition of the return to work, for employees who have been laid off. But this might encourage employees to consider they have been terminated and claim wrongful dismissal.
    2. Removing benefits from employees. This can be done, with the notice required if you were going to terminate them. In effect, you are terminating their existing employment contracts and offering new employment on lesser terms. But also be prepared for employees to consider they have been terminated and seek damages for the lost employment.
    3. Changing the pay period for PT employees so that it matches that for FT staff. This is wholly within management’s discretion to do. You should give people reasonable notice if the actual pay day is changing. Although not required, 1 or 2 month’s written notice would be reasonable, since employees may have bills scheduled to come out of their bank accounts tied to date they have historically been paid.
    4. Incorrect bonus and commission pay. If employees have been short paid, you should make up the difference for any payments made within the last 12 months. That’s the period an employee could get an order from the employment standards authorities on a claim for unpaid wages. If there have been overpayments, you don’t have the right to recover these from subsequent payments. If the changes in these bonus/commission terms are significant and not in the employee’s favour, then you again run the risk of employees claiming that in effect they have been terminated, since you’re no longer willing to abide by the existing terms and conditions of employment.

    None of these answers are affected by whether or not employees are on a lay off.

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