We break down the must-haves to the good-to-haves
There are a variety of workplace policies in Ontario that are mandatory for employers. But did you know there are other policies that may not be mandatory but are highly desirable for an employer to develop? What’s the cost of not??
Simply put, failing to have adequate policies in place could create significant legal issues. How? If you aren’t meeting the provincial minimums you could be breaking the law. But there is more……..by not having other sufficient policies in place, it could be an argument that you failed to take reasonable steps to meet your obligations as an employer, even where no policy is strictly required by law.
We are here to help because we know how overwhelming writing, maintaining and enforcing policies can be. And we also know over-complicating these policies can ultimately lead to confusion and frustration for everyone involved.
So, let’s break it down a bit. In Ontario you need to have the following policies or plans in place:
- Workplace Violence and Harassment Policy – Did you know you must have a policy that deals with workplace violence and harassment as soon as you hire your first employee?
- Occupational Health and Safety Policy – Once you have 5 (or more) employees you will need to develop this policy. But do you really want to wait until you’ve met that threshold before you have this in place?
- Accessibility for Ontarians with Disabilities Act – This is a must for all employers, but the threshold is slightly different for smaller employers (those with 49 or fewer employees). Where you are a smaller employer you need to have a plan, but it need not be in writing. My thoughts though……if you have a plan take the extra few minutes to put it in writing.
- Pay Equity – Once you have 10 or more employees you must operate in accordance with the Pay Equity Act. Pay Equity requires an assessment of all jobs in an organization and an unbiased comparison of the work done by women to the work done by men in order to determine whether the women are being compensated equitably.
What other policies are strongly recommended? Below is a non-comprehensive list of policies you may want to include in your human resources toolbox to protect you and your employees:
- Internal Complaint Procedure (to address Harassment, Anti-Violence, Anti-Discrimination) – So you have the policy written as detailed above but there is more! The Ontario Human Rights Code expects that you have a complaint process in place for bringing concerns forward. Certainly not mandatory, but strongly recommended to work in tandem with your Workplace Violence and Harassment Policy. I have generally combined the two.
- Computer and Electronic Use Policy – If you provide the use of company computers (laptops, tablets, etc.) or a company-issued cellphone, then you should outline the acceptable use of these tools to ensure employees are aware of privacy expectations and acceptable use of these job aides.
- Attendance/Absenteeism Policy – We know the Employment Standards Act details personal sick days or emergency leave guidelines, but that may not be enough. How will your company handle culpable and non-culpable absenteeism?
- Vacation Policy – Again, we have our basic standards under the Employment Standards Act but having a policy in place will help navigate how and when vacation can be scheduled and avoid confusion around expectations.
- Overtime Policy – Having this policy in place will provide assistance in the form of how overtime is scheduled. Will there be a pre-approval process or oversight by the company? This will help in managing the process to avoid confusion and provides clear expectations for all involved.
And that’s only a few to think about!! Having clear and concise policies in place not only protects you as an employer, they help employees know and understand expectations.
One last word though, and for us the most important:
Never let your policies be a mechanism to manage your employees.
Policies are guidelines (whether mandatory or otherwise) and their intent should never be to manage your people nor should they be so restrictive that you lose the human aspects of your people.
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