PART III  HUMAN RESOURCE POLICIES & PROCEDURES

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Introduction

{Company name} believes in providing its employees a rewarding employment opportunity; and to that end has implemented consistently practiced Human Resources Policies & Procedures that are the basis of management decision making. The areas covered by the Human Resource Policies & Procedures are: recruitment and selection, salary administration, employee development, disciplinary process and termination, and conflict resolution process. The policies in this section seek to ensure that:

  • All staff receive fair and equitable treatment;
  • A working environment is promoted and maintained, which recognizes the dignity and work of each staff member, and creates a climate of mutual respect and understanding;
  • {Organization name} is able to attract, motivate, and retain highly skilled individuals.

“The business owner who takes the time to establish sound, comprehensive human resource management policies will be far better equipped to succeed over the long run than will the business owner who deals with each policy decision as it erupts; the latter ad hoc style is much more likely to produce inconsistent, uninformed, and legally questionable decisions that will cripple—or even kill—an otherwise prosperous
business.” 
 
DISCIPLINARY PROCEDURE AND TERMINATION POLICY

{Company name} will use a fair, consistent process of disciplinary action(s) that provide employees a fair and equitable opportunity to comply with company policies and to encourage employees to exercise self-discipline at all times in their conduct and performance.

When work performance is unsatisfactory and/or {company name} policy is not observed, the employee’s supervisor/manager will enforce the following progressive disciplinary procedure up to and including termination:

  • An exploratory interview
  • One verbal warning
  • Three written warning
  • Termination

It is the {company name} goal that no employee be unfairly treated or terminated. Supervisors/managers will use a positive approach to dealing with performance issues or misuse of a company policy.


DISCIPLINARY PROCEDURES

Exploratory Interview

  1. When an incident occurs the supervisor/manager has an informal counselling session with the employee to discuss the seriousness of the behaviour and its impact on other employees and/or the organization;
  2. The supervisor will address only the facts about the incident that are gathered by first hand observation by the supervisor/manager or through other employees who witnessed the inappropriate conduct/behaviour;
  3. The supervisor/manager and employee will meet to clearly identify the behaviour that needs to change and jointly discuss solutions;
  4. A written corrective action plan is developed with a timeline for resolution;
  5. A copy of the corrective action plan will be given to the employee, the supervisor, and the next level of management once the Corrective Action Plan has been signed by employee to verify that he or she have read it, agree he or she has received it, understand the scope of the action plan and will make the commitment to fulfill the action plan. The supervisor/manager also signs the corrective action plan. A copy of each will be placed in the employee’s personnel file.
  6. The supervisor/manager informs the employee of the consequences, which would be a verbal warning, if the employee repeats the unacceptable behaviour;
  7. The supervisor/manager is accountable for following up with the employee to ensure the action plan is enacted and desired results are achieved.

Appendix III provides a template to be used during corrective action procedures

Verbal Warning

  • A verbal warning can be issued when attempts at coaching and providing the employee support through setting a corrective action plan for inappropriate behaviour do not bring about the desired performance level;
  • A verbal warning can be issued if an incident occurs which seriously contravenes one of {company name} policies;
  • Conditions for issuing a warning: the conditions for issuing a warning include but are not limited to the following:
  • Evidence of inappropriate activity;
  • Unexcused or excessive absenteeism or lateness;
  • Conduct that makes other employees reluctant or unable to work with the employee;
  • Abusive language or behaviour;
  • Unacceptable work habits, wilful neglect of duty or refusal to abide by the directives of the supervisor/manager;
  • Negligent or destructive use of company property;
  • Employees actions giving rise to the verbal warning must be investigated, the relevant facts determined and documented by the supervisor/manager;
  • The supervisor/manager will initiate the second interview with the employee, discuss the facts and the reasons for not achieving the previous corrective action plan;
  • The supervisor/manager and employee develop a second corrective action plan in writing with defined time lines for the employee to meet specified performance standards.
  • The supervisor/manager will sign ‘Verbal/Written Warning Form’. A template for a ‘Verbal/Written Warning Form; can be found in Appendix II;
  • A copy of the ‘Corrective Action Plan’ is given to the employee, the supervisor/manager, and the next level of management once the Corrective Action Plan has been signed by employee to verify that he or she have read it, agree he or she has received it, understand the scope of the action plan and will make the commitment to fulfill the action plan. The supervisor/manager also signs the corrective action plan. A copy of the ‘Corrective Action Plan’ will be placed in the employee’s personnel file.

Appendix III provides a template to be used during corrective action procedures

Written Warning

  1. Written warnings are considered a severe disciplinary action and are usually issued after a verbal warning has failed to correct the performance issue;
  2. The supervisor/manager will document all the pertinent facts related to the incident on the ‘Verbal/Written Warning Form’ including dates and place of incident(s);
  3. Upon issuing a written warning the ‘Corrective Action Plan’ is reviewed and revised and then mutually accepted and signed by both parties;
  4. A copy of the ‘Corrective Action Plan’ is given to the employee, the supervisor/manager, and the next level of management once the Corrective Action Plan has been signed by employee to verify that he or she have read it, agree he or she has received it, understand the scope of the action plan and will make the commitment to fulfill the action plan. The supervisor/manager also signs the corrective action plan. A copy of both the ‘Corrective Action Plan’ will be placed in the employee’s personnel file;
  5. A follow up meeting will be scheduled no later than thirty (30) days following the date on which the written warning and corrective action plan were issued;
  6. The employee is notified that if performance is not corrected the employee’s continued employment could be at risk.

Appendix III provides a template to be used during corrective action procedures
Appendix IV provides a template for a Disciplinary Warning Letter

Termination

  1. When a decision has been made to terminate, a lawyer should be consulted who specializes in employment law. When providing advice, a lawyer will take a comprehensive view of the situation ensuring that all the relevant facts have been discussed. Although the Ontario Employment Standards Act, 2000 sets out the statutory minimums for a notice period and reasonable severance, a court of law also considers factors which affect the employee’s ability to find suitable employment i.e. employee’s age, length of service, level of responsibility and salary, etc. A lawyer will provide advice on the appropriate notice and severance based on all the extenuating factors. Also the lawyer can draft a termination letter and a legal release form and the Ministry of Labour can provide guidance on routine terminations;
  2. Employer is required by the Employment Standards Act, 2000 to give the following notice period or severance pay in lieu of notice:

 

Length
of Employment

Length
of Notice/Pay in Lieu

Three
months or less

 

No
written notice period

Three
months but less than one year

One
week’s written notice

One year
but less than three years

Two
weeks’ written notice

Three
years

 

Three
weeks’ written notice

Each
consecutive year of service after three years

An
additional week’s notice per year up to eight weeks

 

Appendix V provides information on how to conduct a termination meeting

Appendix VI provides a termination checklist to be used when organizing a termination meeting

Dispute Resolution

Regrettably, conflict can occur in any work environment. In an effort to resolve conflict in an expedient, yet fair manner, {company name} recommends the following process for conflict or dispute resolution:

  1. Speak with the person you are having a dispute with as many times disputes arise due to misunderstandings and miscommunications;
  2. If speaking to the individual does not produce satisfactory results, speak with your supervisor/manager. Request that the supervisor/manager arrange a meeting between those involved in the dispute to determine a resolution. The supervisor will meet independently with those individuals involved in the dispute to gather facts and analyze the situation. The supervisor will then meet with all parties concerned to facilitate a resolution to the dispute;
  3. If the supervisor/manager is unable to resolve the workplace dispute, the parties should be referred to the President/owner for resolution.

Approved by:                                                        
Position: {Owner/President}                                         
Date:
Revised:                                                               Revised:

EMPLOYEE DEVELOPMENT POLICY 

{Company name} places a high value on employee growth and development to ensure employees’ delivery of services that have been entrusted to them. Success for both {company name} and its employees is dependent on each employee’s commitment to fully utilize his or her potential and to continually develop his or her abilities. {Company name} is highly committed to create a productive and positive work environment that provides orientation, performance management, and training and development that allow employees to achieve their development goals.

PROCEDURES

The following gives a general overview of the key procedures for Orientation, Performance management, and Training and Development. The section on Retention, of the Human Resource Tool Kit gives detailed information on the ‘how’ and templates and samples for required forms. 

Orientation {Link to Orientation section in Retention section}

  1. All new employees will receive an orientation session that provides an overview of mission, general policies, procedures, and operations;
  2. The orientation also involves an opportunity for the employee to learn the performance expectations for his or her position;
  3. The {company name} Employee Handbook and Safety Program will be reviewed in detail and the employee will be asked to sign off on his or her adherence to follow the policies and procedures;
  4. {Title of position} will be responsible for facilitating the orientation program.

Performance Management {Link to Performance Management in Retention section}

The purpose of the performance management process is to assess the performance of each employee and to set goals with the employee to achieve his or her personal development goals.

  1. Each employee will have a performance appraisal meeting with his or manager in {month or quarter} of each year;
  2. The employee will complete the self assessment portion of the performance appraisal form in preparation for the appraisal meeting;
  3. The supervisor/manager will complete the appraisal form in full detail in preparation for the appraisal meeting;
  4. The supervisor/manager will set a date and time for the appraisal meeting and this will be an uninterrupted period of time to focus on the discussion with the employee;
  5. The supervisor/manager conducts the performance review meeting in a formalized process to discuss with the employee the achievement of his or her goals for the past year, set performance goals for the next year, and set a development plan to achieve those goals;
  6. Once agreement has been reached by the manager/supervisor and employee, the performance appraisal is signed;
  7. The employee and manager will develop a ‘Personal Development Plan’ identifying coaching, mentoring and training required in the next year to achieve performance objectives goals for the next year;
  8. A copy of the completed and signed performance appraisal is provided to the employee, the manager, and Human Resource department (if applicable). A copy of the signed appraisal is placed in the employee’s personnel file.

Training and Development {Link to Training & Development in Retention section}

  1. In certain cases, {company name} will pay for or reimburse the registration or tuition fee for pre-authorized or approved seminars, workshops or courses conducted by recognized landscaping and related trades associations and other relevant institutions i.e. apprenticeship, colleges, continuous education programs, etc;
  2. An employee will request in writing, a minimum of four (4) weeks for financial assistance before the course is to take place to qualify for reimbursement;
  3. Reimbursement will occur upon proven successful completion of the course;
  4. Should the employee not attend a prepaid program, the cost will be deducted from the employee’s pay cheque(s).
  5. A training log will be maintained in the employee’s personnel file detailing internal and external training courses completed.

Approved by:                                                        
Position: {Owner/President}                                         
Date:
Revised:                                                               Revised:

                         
PAID AND UNPAID TIME OFF POLICY 

{Company name} follows Employment Standards Act, 2000 and Ontario Ministry of Labour guidelines in determining paid and unpaid time off.

Personal Days Off

It is expected that employees will be on time for work and complete the pre-determined hours of work as stated in the employment agreement. If an employee is unable to report to work or arrives late, the supervisor should be contacted immediately.

  1. All full time employees will receive (0) paid personal days;
  2. If an employee exceeds more than 1 unexplained absence in a single month or exceeds 3 unexplained absences in a rolling three month period, it will be deemed to be above standard and will be handled through the disciplinary process;
  3. An employee must submit in writing to the supervisor/manager a request for a personal leave day and is expected to give the supervisor/manager a minimum of a week’s notice;
  4. {If you employee 50 employees or more, include the following} Employees are eligible for 10 days of unpaid job-protected leave each calendar year due to:
  • Personal illness, injury, medical emergency;
  • Illness, injury, medical emergency or urgent matter relating to the following family members:
–    Spouse
–    Parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or
     step-grandchild of the employee or employee’s spouse;
–    The spouse of an employee’s child;
–    A brother or sister of the employee;
–    A relative of the employee who is dependent on the employee for care or assistance.

Appendix VII provides a template for a ‘Time Off Request Form’
   
Vacation

{Company name} recognizes that employees need a scheduled time away from normal work duties to refresh and re-energize.

  1. A new employee will not be able to take holidays in the first six months of employment unless a special arrangement has been established in the employment agreement. This allows for the accrual of vacation days as vacation time is accrued (earned) on a monthly basis and is to be taken only after it is earned;
  2. Vacation pay is calculated at 4% of the employee’s regular pay;
  3. An employee is entitled to 2 weeks vacation within one calendar year (January to December) but due to high volume in business, employees are encouraged not to request holidays between {include start month to end month};
  4. An employee cannot carry over vacation days to the next calendar year;
  5. An employee must submit a request in writing to the supervisor a minimum of a month prior to the request for vacation leave and the approval is dependent on availability. Vacation requests are granted on a first come first serve basis;
  6. At five plus years employees of {company name} will be eligible for an additional third week paid vacation in each calendar year and requests for the third week will follow the above vacation request protocol.

Appendix VII provides a template for a ‘Time Off Request Form’

Statutory Holidays

  • Employees are entitled to the following paid holidays:
  • New Years Day                January 1st
  • Family Day                      3rd Monday in February
  • Good Friday                     Friday prior to Easter Sunday
  • Victoria Day                     Last Monday on/before May 24th 
  • Canada Day                     July 1st            
  • Labour Day                      1st Monday of September
  • Thanksgiving Day              2nd Monday of October
  • Christmas Day                  December 25th
  • Boxing Day                      December 26th
  • If the holiday falls on a Saturday or Sunday, either the Friday before or Monday after is observed as the holiday;
  • {If your company meets the Landscape Gardener Exemption include the following} If {company name} works on any of the above statutory holidays, employees will be expected to work the holiday without overtime pay.

Bereavement Leave

{Company name} will grant an employee time off with pay as per:

  1. Three days for leave may be taken in the case of the death of an immediate family member;
  2. One day in the case of death of an extended family member;
  3. An additional two days leave for extensive travelling time, making funeral arrangements or settling estate matters; 
  4. When an employee is bereaved the supervisor/manager should be immediately contacted. The supervisor/manager is responsible for approving the length of the leave and informing the President/Owner.

For the purpose of this policy, immediate family members refers to father, mother, brother, sister, spouse, same sex partner, child, parent-in-law, son/daughter-in-law, grandchildren, grandparents, sister/brother-in-law or any other relative by blood or marriage residing with the employee.

Appendix VII provides a template for a ‘Time Off Request Form’

Maternity Leave

  1. After having completed thirteen (13) weeks of consecutive employment, an employee will be eligible for an unpaid leave for up to seventeen (17) weeks. Leave may be taken any time within the seventeen weeks of the expected delivery date. A special term of leave for unexpected illness related to the pregnancy may be taken before the expected date of birth but it is still counted toward the general entitlement to maternity leave;
  2. The employee must give two weeks’ written notice identifying the date the leave will begin;
  3. The same benefits apply when an employee is adopting a child. Documentation must be providing confirming the adoption and date of arrival of the child;
  4. Employees have the right to continue to participate in certain benefit plans; and continue to earn credit of length of employment, length of service and seniority;
  5. Upon returning to work, the employee is to return to same position and salary;
  6. If the same position no longer exists, the employee will be placed in a comparable position in terms of responsibility and salary;
  7. During the full period of leave, vacation leave shall continue to accumulate. Because there is no break in the employment relationship during a period of parental leave, the time on leave counts toward the completion of a vacation entitlement for that year. Where an employee’s contract provides that “paid vacation” is earned through active service (e.g. 1.5 paid vacation days for each month of service or 3 weeks paid vacation for each year of service) an employee on leave may not earn either vacation time and/or pay while on leave. However, at the end of the vacation entitlement year, {Company name} must ensure the employee receives the greater of what was in fact earned under the contract and the minimum vacation time, and vacation pay, he or she would have earned under the ESA. Further information on vacation eligibility can be found on Ministry of Labour ‘Information on Vacation’:  http://www.labour.gov.on.ca/english/es/pubs/guide/vacation.php

Parental Leave

  1. After completing thirteen (13) weeks of continuous employment, an employee, who is the birth mother and who takes maternity leave, is eligible for up to thirty-five weeks’ (35) unpaid leave. Birth mothers who did not take maternity leave and all other new parents are eligible for up to thirty-seven (37) weeks’ unpaid Parental Leave for purposes of child care. Parental leave is not part of maternity leave and so a birth mother can take both maternity and parental leave;
  2. Employment Insurance parental benefits can only be paid during the fifty-two (52) weeks after the week the child is born, or in the case of adoption, during the fifty-two (52) weeks after the week the child is placed with the parents;
  3. Either the mother or father is entitled to the Parental Leave;
  4. The employee must give two weeks’ written notice identifying the date the leave will begin;
  5. The same benefits apply when an employee is adopting a child. Documentation must be provided confirming the adoption and date of arrival of the child;
  6. Employees have the right to continue to participate in certain benefit plans; and continue to earn credit of length of employment, length of service and seniority;
  7. Upon returning to work, the employee is to return to same position and salary;
  8. If the same position no longer exists, the employee will be placed in a comparable position in terms of responsibility and salary;
  9. During the full period of leave, vacation leave shall continue to accumulate. Because there is no break in the employment relationship during a period of parental leave, the time on leave counts toward the completion of a vacation entitlement for that year. Where an employee’s contract provides that “paid vacation” is earned through active service (e.g. 1.5 paid vacation days for each month of service or 3 weeks paid vacation for each year of service) an employee on leave may not earn either vacation time and/or pay while on leave. However, at the end of the vacation entitlement year, {Company name} must ensure the employee receives the greater of what was in fact earned under the contract and the minimum vacation time, and vacation pay, he or she would have earned under the ESA. Further information on vacation eligibility can be found on Ministry of Labour ‘Information on Vacation’:  http://www.labour.gov.on.ca/english/es/pubs/guide/vacation.php

Jury Duty

  1. An employee may be called on for jury duty that falls during working hours. {Company name} will grant paid leave to attend to jury duties for up to three days;
  2. If the obligation extends beyond this time, further paid leave must be discussed with the President/Owner;
  3. If the court dismisses the jury or witness early, the employee is expected to return to work as soon as possible to complete the regular work shift.

Leave of Absence

  1. An employee may ask for a leave of absence without pay. {Company name} cannot guarantee to hold any position for more than a three (3) month period. Any request for a leave of absence must be made in writing and must be approved in advance by (position title}.
  2. Due to the seasonal nature of the Horticultural Landscape Industry, {company name} will require each employee to take unpaid leave of absence from December to April of each year. The length of this company initiated leave of absence will vary dependant on seasonal weather conditions and the employee’s duties;
  3. During any approved leave of absence the following will apply:
  • The employee will retain their original date of employment showing no interruptions in years of service;
  • The employee will retain his/her membership in any profit sharing plans up to the time allowed in the plan, proportionate to years of employment; {if applicable}
  • Credit for paid vacation leave or vacation pay will not be accrued during an approved leave of absence.

Appendix VII provides a template for a ‘Time Off Request Form’

Approved by:                                                        
Position: {Owner/President}                                         
Date:
Revised:                                                               Revised:

RECRUITMENT AND SELECTION POLICY

{Company name} recruitment and selection practices comply with the Human Rights, Employment Standards, and Employment Equity Acts to ensure a fair and transparent process in hiring the most suitably qualified candidate for the position. {Company name} is an equal opportunity employer where employment decisions are based on job related criteria. We are committed to support non-discriminative and affirmative action in our recruiting and selection processes.

The procedures and processes used in recruiting and selecting the most qualified candidate will be consistently used by all individuals who make hiring decisions for {company name}. The policy applies to the hiring of full time, part-time, casual, and contract employees.

It is the responsibility of {company name} management to practice fair employment at all times and any violations of the Recruitment and Selection Policy must be reported immediately to management. All supervisory staff will be responsible for maintaining a work environment that is free of the prohibited areas of discrimination: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, family status, and/or disability.

PROCEDURES

Recruitment

  1. When a position becomes vacant, the position will be posted internally for 10 days before posting on external sources;
  2. Internal candidates will be interviewed and only when a candidate does not meet the requirements of the job will external postings be placed;
  3. The job posting will be placed on the {company name} website and external job boards. A time deadline will be stated on the job posting when candidates can submit resumes.

The section on Recruitment & Selection, of the Human Resource Toolkit provides information on how to write an internal and external job posting and websites to post jobs. Also templates and samples of an application form and internal and external job postings are provided. {Provide the link}

Selection:

  1. The resumes will be reviewed using the job description as a criteria for short listing candidates;
  2. All candidates must fully complete, date, and sign {company name} Application for Employment form. A resume, may be accepted in lieu of this form before an interview, but the information on the resume – and any information required by the form but not on the resume – must be transferred to the form before an employment of offer is made;
  3. Candidates will submit driver abstract before an interview in positions requiring the candidate to drive a vehicle;
  4. First interviews, using a behavioural based interview process, will be conducted by Human Resource personnel (if applicable) or the department supervisor/manager;
  5. A standardized interview evaluation form will be completed on each candidate interviewed to assess which candidates will be short listed;
  6. Short listed candidates will be interviewed by the President/Owner or department manager, using a behavioural based interview process;
  7. Two to three verbal reference checks will be completed on the finalist with work related references;
  8. Prospective employees expected to drive company vehicles must provide {company name} with current and acceptable motor vehicle driving verification. Employment will be conditional pending the receipt of a satisfactory report from the Ministry of Transportation and a driving record acceptable to {company name} insurance company;
  9. A job offer will be made in person to the candidate. The candidate will be given a job offer letter where both the manager and candidate will sign acceptance of the terms of employment.

The section on Recruitment & Selection, of the Human Resource Toolkit provides information on how to develop a job description and conduct a behavioural based interview. Also templates and samples of behaviour based interview questions, job descriptions, interview assessment guide, reference check form, and job offer letter are provided. {Provide the link}

Approved by:                                                        
Position: {Owner/President}                                         
Date:
Revised:                                                               Revised:

TERMS OF EMPLOYMENT POLICY

The objective of this policy is to ensure effective and consistent administration of terms and conditions of employment within {company name}. Terms of employment are administered in an equitable, accurate, transparent, and timely manner. This policy provides the framework for the employment agreement, hours of work, and salary administration.

PROCEDURES

Employment Agreement

  • The employment agreement, in the form of a job offer letter, will be signed by both the manager/President/owner and the new employee. The job offer letter specifies the following information for a new employee:
  • The date employment will commence;
  • The title of the position;
  • The salary or hourly rate;
  • Hours of work;
  • Probationary period;
  • Performance management process;
  • Termination of employment;
  • Code of conduct;
  • Safety requirements;
  • Confidentiality;
  • Vacation;
  • Benefits;
  • Training programs.
  • A job description and the {company name} Employee Handbook will be given to the new employee upon signing the job offer letter.

Part II: Employee Handbook provides direction to developing a customized Employee Handbook {provide link}

Part III: Recruitment & Selection, of the Human Resource Toolkit provides templates for job offer letter and job descriptions. (Provide link}

Hours of Work

Hourly Employees

  1. Standard Hours of Work: the standard hours of work are eight (8) hours per day or forty-eight (48) hours per week. Employees will receive a meal break of thirty minutes (30) after five hours of work. The employer and employee can agree that the meal break can be split into two eating periods within every five consecutive hours. Together these meal breaks must total thirty (30) minutes;
  2. Overtime:  All hours worked above forty-four (44) hours in a regularly scheduled work week, will entitle the employee to one and one half times (1½) their regular rate of pay. Employees have the right to refuse overtime work if it is beyond the regularly scheduled hours for that particular day;
  3. {If your company falls under the ‘Landscape Gardener Exemption, include this section – if it does not then leave this section out}Landscape Gardener Exception: Regulation 285/01 of the Employment Standards Act (ESA), 2000 provides that “a person employed as a landscape gardener” is except from the standard hours of work and overtime pay clauses within the ESA.
  4. An employee must not work for more than five hours in a row without getting a 30-minute eating period (meal break) free from work. However, if based on the job requirements {company name} and the employee can agree, the eating period can be split into two eating periods within every five consecutive hours. Together these must total at least 30 minutes. This agreement can be oral or in writing;
  5. It is the company’s policy to continue operations despite inclement weather unless: the conditions threaten to make employee transportation to or from work impossible or dangerous; or the conditions create a situation where the work to be conducted becomes unsafe or virtually impossible; Supervisors will be responsible for notifying all employees that report directly to them if work is to be cancelled for a given day.

Appendix VIII: ‘Landscape Ontario Defining Landscape Gardener’
Appendix IX: Basic Log Sheet for Tracking Hours of Work

Salaried Employees

  1. Employees Working Standard Hours of Work: the standard hours of work are eight (8) hours per day or forty-eight (48) hours per week. Employees will receive a meal break of thirty minutes (30) after five hours of work. {Company name} and the employee can agree that the meal break can be split into two eating periods within every five consecutive hours. Together these meal breaks must total thirty (30) minutes;
  2. Overtime:  All hours worked above forty-four (44) hours in a regularly scheduled work week, will entitle the employee to one and one half times (1½) their regular rate of pay. Employees have the right to refuse overtime work if it is beyond the regularly scheduled hours for that particular day. Managers and supervisors do not qualify for overtime if the work they do is managerial or supervisory. Even if they perform other kinds of tasks that are not managerial or supervisory, they do not get overtime pay if these tasks are performed only on an irregular or exceptional basis. {Company name} and the employee can agree in writing that the employee will receive paid time off work instead of overtime pay. This is sometimes called “banked” time or “time off in lieu.” If an employee has agreed to bank overtime hours, he or she must be given 1½ hours of paid time off work for each hour of overtime worked.

Salary

{Company name} has established salary rates based upon work classification. Salary is determined by three primary factors:

  • Assigned work classification;
  • Years of service;
  • Individual performance as assessed in annual performance review.

Salary Payment

Employees are paid on a {weekly, bi-weekly} basis and the net pay is deposited into the employees’ bank account {if applicable}. Net pay is determined by deducting income tax, EI, and CPP from the gross pay (total hours worked x hourly rate). Salaries are administered by {title of position}.

Salary Increases

Salary increases normally occur at the beginning of each fiscal year which starts the beginning of {month}. Each employee’s salary is assessed annually based on performance, experience in the position, level of knowledge, skills, potential for advancement, etc. A decision for a salary increase should be based on the following factors:

  • The employee’s position within the job grade (level and relation to the salary maximum);
  • The employee’s performance evaluation for the year;
  • Internal equity;
  • Company performance.

Banking Hours for Hourly Paid Employees

It is possible for an employee to ‘bank’ hours worked during the season for compensation during the off season. For example, if an employee works an average of 120 hours every 2 weeks in the spring, then he/she can request that {company name} bank 40 of those hours towards payment over the winter months. In this instance, the employee would receive immediate compensation for 80 hours of work, while the compensation of the remaining 40 hours would be delivered during the off season.

The ‘banking of hours’ approach is an acceptable practice. The employee and {company name} must sign a contract detailing the terms and conditions that will govern the ‘banking’ process.

Approved by:                                                        
Position: {Owner/President}                                         
Date:
Revised:                                                               Revised:

Reference for Business: Encyclopaedia of Business, 2nd edition.  ‘Human Resource Policies,  2011. http://www.referenceforbusiness.com/small/Eq-Inc/Human-Resource-Policies.html

Landscape Ontario, ‘Defining Landscape Gardener’. http://www.horttrades.com/defining-landscape-gardener
Employment Standards Act:  www.e-laws.gov.on.ca/html/regs/english/elaws_regs_010285_e.htm   

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