[vickyp]

in reply to: Answer for LMIA #89722

From our Partners at Miller Thompson.
Outside of the rights and obligations provided to Canadians and Canadian Permanent Residents in terminations, what additional factors do employers need to be aware of when terminating a temporary foreign worker (“TFW”)? With a number of employers going through group terminations, questions surrounding their TFW workforces have been asked many times. Unfortunately, as with any legal question, the answer is not simple and depends on the specifics to each situation. It depends on what type of work permit the TFW is currently on, and, depending on the type of work permit, it may depend on the skill level of their position.
The first thing employers need to be aware of is who their TFWs are within their company, because it may not always be obvious. If an employee has a Social Insurance Number beginning with a “9”, they are likely a TFW.
Next, employers need to decipher what type of work permit the TFW currently has.
If the TFW is on a Labour Market Impact Assessment (“LMIA”) (previously the Labour Makret Opinion or LMO) based work permit, that work permit is employer specific, which means the TFW cannot work for any other employer in Canada other than the one specified on the work permit. LMIA based work permits are split into low skilled and high skilled positions. There is a further separation between low wage and high wage positions; however, with regard to employers’ obligations in terminations, the skill level of the position is what is considered. Low skilled positions are those that are categorized by the National Occupational Classification (“NOC”) Code as levels C and D. NOC C and D level positions are those that require little to no education and training. High skilled positions are those that are categorized as NOC code levels 0, A and B, and are those positions that require varying levels of post secondary education, training and experience.
If the position is a low skilled position, upon termination, employers will have, in their LMIA application agreed to provide the costs of transportation of the TFW to and from Canada. As an employer, you cannot force a TFW to leave the country, but you must fulfill your obligation and provide the TFW with the means to leave the country upon termination of employment. In order to protect your interests and employer profile with Employment and Social Development Canada (“ESDC”), (the government entity that processes LMIA applications), it is advisable that you report the termination to ESDC in order to ensure you remain compliant with the original LMIA you obtained to allow the TFW to work in Canada. Further, while you are not required to report the termination to Citizenship and Immigration Canada (“CIC”) or Canada Border Services Agency (CIC’s enforcement agency), if you are concerned that the TFW may attempt to work in Canada for another employer before obtaining a new work permit, it is also advisable that you notify CIC of the termination.
If the TFW is on an LMIA based work permit that is a high skilled position, the work permit is still employer specific; however, there is no obligation to the employer to provide the costs of transportation to the TFW back to their home country, unless specified in the employment contract. Again, it is advisable that you report to ESDC that the TFW is no longer employed with your company, and, while it is not required, you may be inclined to report to CIC that the TFW is no longer working for you if you are concerned they may attempt to work elsewhere before obtaining a new work permit.
If a TFW is on an LMIA-exempt work permit that is employer specific, they also will not be able to work in Canada for another employer without obtaining a new work permit. As the terminating employer, you have no further obligation to the TFW, and you do not need to be concerned with reporting the termination to ESDC because the work permit was not based on an LMIA; however, as with the above LMIA based work permits, if you are concerned the TFW may attempt to work for another employer with the work permit under your company’s name, you may want to consider reporting the termination to CIC.
Lastly, there are TFWs in Canada on open work permits. These work permits are not employer or position specific, and employers have no additional obligations to consider when terminating these employees. Employers do not need to report anything to ESDC, because ESDC was not involved in obtaining the work permit, or CIC, because open work permits allow a TFW to work for any employer in Canada.
As you can see from the brief scenarios provided above, it may not always be clear what you as an employer are required to do for your TFWs and what your responsibilities are to both ESDC and CIC. In order to be sure you are meeting your obligations to your TFW workforce, it is always best to consult with business immigration and employment law experts.

[vickyp]

in reply to: Answer for when is work considered to be started when working from home #89723

When working from home, the exact point at which work is considered to be started can vary depending on the company’s policies and individual circumstances. However, here are a few common scenarios:

1. Scheduled Start Time: If your employer has established specific working hours, work is typically considered to be started at the designated start time. This means that you should be ready to begin your tasks and be available for communication and collaboration with colleagues or clients.
2. Logging In: Many companies use remote collaboration tools or time-tracking software that require employees to log in or clock in at the beginning of their workday. In such cases, work is considered to be started when you log in or initiate the tracking system.
3. Pre-Work Activities: Some individuals prefer to engage in certain activities before officially starting work. This could include checking emails, reviewing schedules, planning tasks, or participating in virtual team meetings. In these cases, work is considered to be started when you actively begin these work-related activities.

It’s important to refer to your company’s guidelines or consult with your supervisor to understand the specific expectations and policies regarding when work is considered to be started while working from home. Clear communication and alignment with your team will help ensure everyone is on the same page and working effectively.
 
Consider the computer start up as the employee’s ‘commute’ to work. Do you compensate employees’ commutes to the physical workplace? Similar to any job where you are arriving to an office or worksite, employees should have their equipment ready and set up before their scheduled start times. 

[vickyp]

in reply to: Answer for PPE – Ontario #89724

Legislation in Ontario uses the term “provide”, but this does not address payment in regards to PPE. The MOL has described employer’s duties for PPE:
“If it is necessary for your workers to wear PPE, under the Occupational Health and Safety Act you must provide information, instruction and supervision on the proper use and maintenance of the PPE. Instruction should include:

• how PPE provides protection and the consequences of not wearing it
• when PPE should be worn
• how to properly fit and wear PPE
• how to care for PPE and identify when it requires repair, cleaning or disposal

Let your workers know that, by law, they must use any PPE you provide and tell you about any defects in the PPE.”
Paying for PPE may be a condition of employment, or the employer may offer to pay for some equipment or share the cost of the equipment. Many employers who require such PPE in the workplace offer employees an allowance to purchase the correct equipment or some budget for reimbursement. If the employee is purchasing their own equipment make sure they know all the requirements of the workplace. 
 
This is a great question with a not-so-clear answer – stay tuned for some content on PPE Purchasing in the coming months. 
 

[vickyp]

in reply to: Answer for openai-policy #89725

Good news/bad news:
Good news is our legal experts and editorial team are currently building a bundle of content, tools and resources covering OpenAI/ChatGPT and the like.
Bad news is this content is not available yet. However, you can expect this content to be available on HR Insider within the next week. 

[vickyp]

in reply to: Answer for Obligation to provide information to Service Canada. #89726

You are not obligated to provide Service Canada with these details about a termination, unless you are in a mediation or official investigation – in both of these instances, you would be expressly informed via certified letter.

[vickyp]

in reply to: Answer for Tracking Job-Specific Training #89727

Obviously you cannot go backwards, but you can implement an employee sign off sheet for all future safety training at a minimum. Work with you supervisor to create a simple training checklist for all of the equipment in the shop and have the employee and supervisor initial each item as they are trained. Of course, implementing and LMS (learning management system) and official training policy/procedure is a more complete solution. For help in this, please reach out to your Client Services Manager at 1.800.667.9300 – they will help you with immediate access to OHS Insider (our safety compliance resource) as well as our offline and online safety training resources – and if you are not ready to look at that investment, that’s ok, at least we can help by giving you some model policies/procedures that you can easily edit at no charge.

[vickyp]

in reply to: Take your kid to work best practices #89728

Here is the policy and best practices for bringing children into the workplace. 
 
Bringing Children to the Workplace Policy
9 Things to Include in Your Children in the Workplace Policy

[vickyp]

in reply to: Answer for Vacation Pay Out – Active Employees #89729

Regarding vacation payout without taking time off, the Ontario ESA does not explicitly address this issue. However, it states that employees must take their vacation time within 10 months after the vacation entitlement year ends. This implies that the intent of vacation time is for employees to take a break from work rather than simply receiving additional pay.
That being said, it is possible that your specific employment contract or company policies may allow for vacation payout without taking time off. Therefore, it is recommended to refer to your employment contract, collective agreement, or consult with your HR department to understand the specific rules and regulations regarding vacation payout in your organization.
 
Additional Resources:
How to Make Payments of Vacation Pay
 
Hope this helps!

[vickyp]

in reply to: Answer for Vacation – use it or lose it #89730

Under employment standards laws, employees can forfeit their vacation time by failing to take vacation but they can’t forfeit their vacation pay. This is an important distinction that’s often misunderstood. Many employers have a “use it or lose it” policy with respect to vacation. But this simply means that an employer can require an employee to take vacation time or lose the vacation time; but it doesn’t relieve the employer of its obligation to pay the employee the vacation time accrued. 
Example: If a salary worker who’s entitled to 2 weeks’ vacation time per year fails to take and isn’t forced by his/her employer to take that 2 weeks’ vacation time, the employer is still required to provide the employee an extra 2 weeks’ pay.
 
Vacation Pay Policy
Vacation Policy – Federal

[vickyp]

in reply to: Answer for Service Canada Calls – ROE #89731

Under subsection 126(14) of the EI Act , Service Canada has the lawful authority to request information on current or former employees as it relates to past, present or future EI claims. As an employer, you have an obligation to answer these requests. You are not obligated to inform your employees that you are providing this information. 
Service Canada is not an investigatory body and will only require information used for making an EI claim.
Subsection 7(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA) allows an employer to disclose personal information without the knowledge or consent of the individual if the disclosure is made to a government institution that has identified its lawful authority, and if it is for the purpose of enforcing any law of Canada.

[vickyp]

in reply to: CO-ops hiring and credit #89733

Depending on your jurisdiction and region, there are a variety of funding/subsidy opportunities available for Canadian employers to hire co-op students. However, all of these require pre-approval and cannot be claimed after the fact as any type of tax credit.
But in some jurisdictions, tax credits exist for apprenticeship situations and those can be applied retroactively.
Each jurisdiction has their own subsidy program, but you can access an overview at Wage subsidies and tax credits for employers (canada.ca)

[vickyp]

in reply to: Answer for Mentorship / Employee Engagement Platforms #89734

What a fantastic initiative.
There have definitely been a lot of start-ups in this area.
We’ve worked with Innovative Mentoring, Chronus, Ten Thousand Coffees, Together Mentoring and MentorcliQ to add to those you’ve already mentioned.
Of course I would be remiss to not mention that we have this capability built into our LMS solutions at SafetyNow.com as an add-on feature, and that as an HR member you are eligible to significant discounts.

[vickyp]

in reply to: Answer for Employment Contract Inter-Provincial #89735

This language will absolutely suffice.

[vickyp]

in reply to: Answer for Garnishment of wages #89737

Dispute Note for Wage Garnishment
Wage Garnishment Process Checklist
Wage Garnishment Policy
Or find more on Wage Garnishing here

[vickyp]

in reply to: Answer for PIA #89738

The Directive on Privacy Impact Assessment makes it mandatory to document, publish and maintain a PIA for all federal programs and services that may have an impact on privacy rights. So they are not necessarily required unless the work you are doing may tie into privacy rights. 
PIA info was found here: Privacy Impact Assessments 

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