British Columbia

Potential Changes to the BC Employment Legislation by Kyle Reid

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BC Employment Standards Act – Summary of Major Amendments

British Columbia’s Employment Standards Act (ESA) lays out the legal framework for minimum workplace standards to ensure employees are treated fairly and ethically across the province. Provincially regulated employers are required by law to run their organization in accordance with the rules laid out in the ESA. Although small amendments to the act are fairly common, significant alterations are quite rare.

In June of 2018 the “Employment Standards Act Reform Project Committee” finished their review of the ESA and made 78 tentative recommendations. Since these recommendations have been made, the Labour Minister of British Columbia has introduced in the Legislative Assembly of BC for the first reading of “Bill 8. The Employment Standards Amendment Act. 2019”. Of these recommendations, significant amendments were proposed to address: Stronger child employment protections, Expanded job-protected leaves, Improved wage recovery, Modernized Employment Standards Branch services.

Listed below are some of the major amendments proposed under Bill 8:

Stronger child employment protections

· This legislation will broadly raise the age a child may work to 16 (from 12 currently) and better protect the safety of 16 to 18-year-olds by putting restrictions on the type of hazardous work they can be asked to perform.

· Additionally, the legislation does provide exemptions that allow 14 year-olds and 15 year-olds to perform “light work” as prescribed by the Lieutenant Governor in Council (aka regulation via Cabinet) that is safe for their health and development (an example given is stocking shelves at a grocery store) with parental consent. To perform “any other work” will requires permission from the Director of Employment Standards.

· The legislation maintains existing regulations that allow children to work in recorded and live entertainment with parental consent.

Expanded job-protected leaves

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· Currently, workers who are trying to escape from domestic violence have no ability to take time from their jobs to find the solutions they need to make life safer for themselves and their kids.

· Changes in the new legislation will provide up to 10 non-consecutive days of unpaid job-protected leaves for those workers, so they can look for a new home, go to medical appointments, etc.

· Additionally, workers will have a second option that will see them receive up to 15 weeks of consecutive unpaid leave.

· Government will carry out an engagement process to determine next steps in making improvements to leave for workers escaping domestic violence.

· The legislation also creates a new unpaid job-protected leave for those caring for critically-ill family members that will align with federal employment insurance benefits — allowing workers to take up to 36 weeks to care for a critically ill child and up to 16 weeks to care for an adult.

Improved wage recovery

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· The legislation establishes a legal framework for regulating tips and tip pooling and protecting workers’ rights with respect to tips and gratuities.

· It prohibits employers from withholding tips or other gratuities from workers, deducting amounts from them, or requiring them to be turned over to the employer.

· It permits tip pooling but specifies that the employer may not share in the tip pool except when the employer performs the same work as workers who share in the pool.

· The legislation also extends the recovery period for which workers can recover owed wages from their employer from six months to 12 months — with the possibility of extending the period to 24 months under some circumstances, such as in cases involving wilful or severe contraventions of the act.

· It also makes collective agreement provisions subject to the minimum requirements of the Employment Standards Act.

Modernized Employment Standards Branch services

· Under the new legislation, the self-help kit is being eliminated as a required step before filing a complaint.

· The legislation will require the Director of the Employment Standards Branch to investigate all complaints accepted for resolution by the branch — improving on the current process of forgoing needed investigations in favour of speedy resolutions.

· It modernizes several other areas related to services provided by the Employment Standards Branch — including allowing the branch to waive or raise penalties, requiring employers to inform workers of their rights and requiring licensing for temporary help agencies.

· Government will also augment with non-legislative improvements to the branch, including increased education and outreach, adding multilingual capacity and providing enhanced service delivery to workers and employers with visual and hearing impairments.

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It is important to keep in mind that Bill 8 is still subject to revision prior to being passed into law by the legislative assembly of BC. However, if passed this will be the first major revision to BC’s ESA in almost 15 years. For more information on the proposed changes, click on the link below to view the proposed bill as it currently stands in the first reading in parliament.

Link: https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/41st-parliament/4th-session/bills/first-reading/gov08-1

What Exactly is a Human Resource Audit? By Christina Stewart

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Hearing the word ‘audit’ is often enough to cause most of us to break out in a cold sweat. Visions of Governmental officials in dark suits with calculators and grim expressions searching through the deep dark corners of your finances and your life come to mind. And I’m sure that can be true in some cases – but not in the case of an HR Audit. Or at least not in an audit with Praxis.

When we think about the word audit – we get excited! We think of problem solving and we think of answers and we think of executing on your visions – we think of solutions. The whole point to undertaking an audit is to get an objective assessment of your people practices so you can exact some positive change.

An HR Audit is a thorough review of your current human resources function. An audit will review your HR policies, procedures, documentation and systems as well as interview your people. Areas will often be identified that require some kind of enhancement (or possibly outright revamp) – when the HR function is enhanced you’re that much closer to executing on your overall company strategy and your vision.

Call it an audit, an assessment, an analysis, an examination, an evaluation or a review – it all means the same thing: understanding your HR function. A properly executed audit can tell you why your turnover is so high, why you’re having trouble recruiting, why you have so much overtime, sick time or disciplinary situations. An audit can provide your company with insight as to how your Human Resources behaviour is impacting your goals, objectives and bottom line.

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But knowing why is only half of it.

A comprehensive audit will also tell you what to do about it. And reputable audit companies will also lay out all the options for undertaking change. The really good ones will even help you execute on your new HR plan.

If you truly want to know where you stand with your people and want to know how to get from here to where you want to be, then an audit is exactly what you need. No governmental suits or sweating required.

My Unplanned Plan by Christina Stewart

It’s no secret that I’m a planner.  I’m organized and thoughtful about the future and I set goals regularly. So, of course, I take care to plan accordingly.  In my own business we have business plans from each year, strategic plans, marketing plans and goals written down on several whiteboards dotted around the office. I have to-do lists and to-day lists. I have lists for each kid (colour coded of course!) and lists for the house, for groceries, for our dogs and for my husband and me. I have notebooks filled with goals and plans and ideas stashed in each vehicle, each room of our office and home and I’m sure there are a few under couch cushions too.  I’m a big fan of planning.

I tell my clients that planning is a tool that serves both themselves and their businesses.  It is a path to follow that allows for the energy, resources and time of your business and your employees to be in alignment. A good plan will not only tell you where you are going but how you are going to get there.  This is a maxim that I live by in my work and in my entire life. This is what my clients pay us to do for them, and we do it very well.

And yet, we’re about to enter the spring of 2017 and I have no idea where Praxis is going this year.   Seriously. Even typing that sentence gives me chills.  But it’s true.  In November last year, my partner, Drew and I took off to Vegas for a few days to do some 2017 strategic planning.  Except, we were in Vegas and away from the kids and our regular life for the first time in years.  So, we slept and ate and didn’t do any planning.  Then around came December and January – our biggest and busiest months in the life of our business. Followed by a productive February, filled with sick kids, sick adults and playing catch up on all the stuff we didn’t get done in December and January.  You get the idea. Life is busy.  A good busy – a great busy, but still busy.

Week after week, I write down that our priority for that week is “strategy development.”  I write down “we need to define who needs us this year” and I write down “How are we going to let business who need us know we exist?” and I write down “how are we going to best help our clients reach their goals.”  And yet, here we are with no plan.  But here’s the fun part: That has become my plan.

Starting my own business has pushed me in ways I could never ever have foreseen.  I am challenged in a new way almost daily to be creative and put myself out into the world in interesting ways. This whole “no plan” has become part of this adventure for me.  I’m understanding what it’s like to live by an organic system. I’m learning to let the flow of my business dictate where I expend my energy.  It’s a fascinating, unique and developing feeling for me.  It makes me uncomfortable – but there is a huge part of me that is learning to live with discomfort and to actually flourish from what I discover while I am uncomfortable.

I’m not sure how long this departure from my normal will last for me – at the core of who I am, I am a planner and I know that will surface and win out again. Plus, I know that setting goals is actually a sound business practice, but for now, I’m going to let it ride and see where we end up.

December Career Spotlight

Our highlighted job for December is an exciting leadership opportunity here on the Sunshine Coast. 

Our client is an innovative, collaborative and passionate organization engaged in the economic development of the Sechelt and Sunshine Coast areas. The organization is growing quickly and embarking on a number of new business opportunities. They are seeking a Chief Executive Officer to oversee their Sechelt, BC office.

 You will provide leadership to current and future economic entities through joint strategic planning initiatives with the Board of Directors as well as the development of operational plans to support the directions set.  The major focuses are on effective management of existing business and an aggressive growth strategy for acquiring new opportunities. Your Key Accountabilities Include:

 Board Administration and Support: You support the operation and administration of the Board by advising and informing the BoD Members with up-to-date information or reasonably anticipated future events that may affect operations

 Business, Program, Product and Service Development and Delivery: You oversee the operations of the entire organization, set and achieve goals as well as oversee all design, marketing, promotion, delivery and quality of businesses

 Human Resource Management: You develop policy, manage the HR for the organization, including staffing levels, recruiting, personnel issues, discipline and the setting of goals and performance measures for all staff.

 Community, Governmental and Public Relations: You are the interface between the Board and the Community. You assure the entire organization and its mission, business, programs, products and services are consistently presented in a strong, positive image to stakeholders and you will develop strong business relationships with local governments and financing sources

 Financial Responsibilities: You are responsible at the executive level for the budgeting, proposal and implementation process and ensure that all funds are managed as authorized with the most efficient use being made of the resources.

You possess cultural awareness and sensitivity well as a Degree in Business, Economics, Finance, or similar. Equivalencies will be considered. You also have a minimum of seven to ten years of progressive leadership experience. You offer the ability to make good strategic decisions and execute on them, excellent interpersonal and communication skills demonstrated through the ability to facilitate, network, motivate, lead, research, negotiate, analyze, and resolve issues, and you possess a strong sense of personal integrity and ethical practices.  

 Our client offers a value driven work environment, very competitive compensation, the opportunity to make this role your own and to live in a spectacular community with abundant natural beauty. This is a great opportunity to join a developing organization with strong community ties and values that respect the shishalh culture, tradition, and beliefs while you build economic opportunities, aid in developing businesses and creating local employment. 

 If this sounds like the position for you, we would love to hear from you. Please respond with a résumé and covering letter to: jobs@praxisgroup.ca no later than December 31, 2016.

 

Praxis Performance Group is a Human Resource and Recruitment Firm located on the Sunshine Coast in beautiful British Columbia. With our depth of experience and our belief in the unlimited potential of a well formed team, we take the time to get to know our clients and candidates. Focused on fit, we work with organizations who know that their people come first and that their greatest resource is their team.