Human Resources Management Info-Guide

This Info-Guide is designed to help you navigate through the different government programs, services and regulations which deal with human resources issues, and identify those of interest.  The selected items provide a helpful overview.  This list is not exhaustive.  Further information on each item can be obtained by contacting the organization directly or by contacting the Canada/Nova Scotia Business Service Centre at 426-8604 or 1-800-668-1010 or visiting our Web site; http://www.cbsc.org/ns

TABLE OF CONTENTS

Hiring
Pay and Benefits
Layoffs and Terminations
Training and Development
Employee and Labour Relations
Collective Bargaining
Employee Motivation and Performance
Equal Opportunity in the Workplace
Developing Employee Handbooks and Policy
Health and Safety
Helpful Links
Additional Info-Guides

HIRING

I am hiring employees.  What do I have to do?

You have to address a variety of issues, such as payroll deductions, laws and regulations, occupational health and safety and human rights.

The following organizations will be able to help you:

• Canada Revenue Agency for payroll deductions information.  

For further information, please contact:
Canada Revenue Agency
Toll Free: 1-800-959-5525
426-5150 (non-resident clients)
Fax: (902) 426-7170
TTY: 1-800-665-0354 
Web site: http://www.cra.gc.ca/menu-e.html
Payroll web site: http://www.cra.gc.ca/payroll
See the documents:  Canada Pension Plan - Payroll Deductions,
Income Tax - Payroll Deductions, Employment Insurance - Payroll Deductions

• Workers' Compensation Board of Nova Scotia, if hiring more than 3 employees.

        For further information, please contact:
        Workers' Compensation Board of Nova Scotia
        P.O. Box 1150
        5668 South Street (Main Office)
        Halifax, NS   B3J 2Y2
        Phone: (902) 491-8999
        Toll Free in Mainland NS 1-800-870-3331
        Fax:  (902) 491-800
        Web site: http://www.wcb.ns.ca
        See the document: Workers' Compensation Board

• Nova Scotia Department of Environment & Labour - Labour Standards Office for information on minimum wage rates, hours of work, overtime & vacation pay.

        For further information, please contact:
        Nova Scotia Department of Environment and Labour
        Labour Standards Office
        5151 Terminal Road, 7th Floor
        P.O. Box 697
        Halifax, NS, B3J 2T8
        Phone:  (902) 424-4311
        Toll free:  1-888-315-0110
        Fax: (902) 424-0648
        E-Mail: labrstd@gov.ns.ca
        Web site: http://www.gov.ns.ca/enla/employmentrights/

• Occupational Health & Safety office for health & safety requirements.

        For further information, please contact:
        Nova Scotia Department of Environment and Labour
        Occupational Health & Safety
        5151 Terminal Road, 6th Floor
        P.O. Box 697
        Halifax, NS, B3J 2T8
        Phone: (902) 424-5400
        Toll Free: 1-800-952-2687
        Fax: (902) 424-3239
        E-Mail: labrohs@gov.ns.ca
        Web site: http://www.gov.ns.ca/enla/ohs/

• Nova Scotia Human Rights Commission for a Human Rights Guide.

        For further information, please contact:
        Nova Scotia Human Rights Commission
        6th floor Joseph Howe Building
        1690 Hollis Street
        P.O. Box 2221
        Halifax, NS  B3J 3C4
        Phone:  (902) 424-4111
        Fax:  (902) 424-0596
        TTY (902) 424-3139
        Web site: http://www.chrc-ccdp.ca

Where can I find sample job descriptions that I can use as an example to create one for my company?

The National Occupational Classification (NOC 2001) is a system for describing the occupations of Canadians. It provides a standardized way of describing and understanding the nature of work.  

How to obtain a copy of the National Occupational Classification
Canadian Government Publishing
Toll-Free: 1-800-635-7943
Tel.: (613) 941-5995
Fax: (613) 954-5779 or 1-800-565-7757
E-mail: publications@communication.gc.ca
Catalogue Number: MP53-25-2001E
Cost: $99.95 CAD plus shipping, handling and taxes.

For further information, please contact:
See the document  National Occupational Classification and the Career Handbook
Web site:  http://www.gov.ns.ca/enla/ohs       

What questions should I avoid asking when conducting a job interview?

The Canadian Human Rights Commission's publication "A Guide to Screening and Selection in Employment" helps employers avoid discriminatory elements entering into the selection process.

The Canadian Human Rights Commission also produces a document called "Prohibited grounds of discrimination in Canada" which provides comparative information on the grounds of discrimination covered by federal, provincial and territorial human rights legislation in Canada.

For further information, please contact:
Canadian Human Rights Commission - Atlantic
5475 Spring Garden Road, Suite 504
Halifax, Nova Scotia, B3J 3T2
Telephone: (902) 426-8380
Toll Free: 1-800-999-6899
TTY: 1-888-643-3304
Fax: (902) 426-2685
Web site: http://www.chrc-ccdp.ca

PAY AND BENEFITS

How much should I pay my employees?

Human Resources and Skills Development Canada - Labour Market Information (LMI) web site provides information on salaries and wages for numerous occupations for different areas of Canada.   Visit Labour Market Information (LMI) at: http://www.labourmarketinformation.ca

For further information:
See the document Setting Up A Pay System for additional information on setting pay levels.  

Where can I get information about Tax on Income and other payroll deductions?

Canada Revenue Agency publishes "Employer's Guide: Payroll Deductions (Basic Information)" for employers. The guide provides information about deducting Canada Pension Plan Contributions, Employment Insurance Premiums, and Income Tax. You can view or download a copy of this document from http://www.cra.gc.ca/E/pub/tg/t4001/.

For further information, please contact:
Ralston Building, 1557 Hollis Street, Box 638
Halifax, NS  B3J 2T5
Toll Free: 1-800-959-5525
Fax: (902) 426-7170
TTY: 1-800-665-0354
http://www.cra.gc.ca/menu-e.html

Are there forms that I need to complete when I hire an employee?

Yes. Every employee must have a Social Insurance Number (SIN). The application must be completed by the individual requesting the SIN.  Visit http://www.hrsdc.gc.ca/en/home.shtml for a copy of the application and instructions.

A TD1 form is a tax form which employers use to take the correct amount of income tax from your employee's pay. For information about TD1 form requirements, visit http://www.cra.gc.ca/menu-e.html  web page or call 1-800-959-5525.

What is the minimum wage?

In Nova Scotia the minimum hourly wage is $6.50 for experienced employees and $6.05 for inexperienced employees, i.e., an employee who has not been employed for more than three months by any employer to do the work for which the employee is presently employed.

For further information, please contact:
Nova Scotia Labour Standards Division
Nova Scotia Department of Environment and Labour
5151 Terminal Road, 7th Floor
P.O. Box 697
Halifax, Nova Scotia
B3J 2T8
Toll-free: 1-888-315-0110
Telephone: (902) 424-4311
Fax: (902) 424-0648
E-mail: labrstd@gov.ns.ca
Web site: http://www.gov.ns.ca/enla/labourstandards/

What leave are my employees entitled to?

The leaves of absence provided for under the Labour Standards Code and Regulations are vacation leave, parental/pregnancy leave, bereavement leave, court leave, compassionate care leave and sick leave. Please note that bereavement leave, court leave, and sick leave are all unpaid leaves of absence.

What are the holidays with pay and how does an employee qualify?

The Labour Standards Code and Regulations provides for five (5) general holidays with pay: New Year's Day, Christmas Day, Good Friday, Canada Day, and Labour Day.

Under the Code, an employee must first qualify for holiday pay, as follows:

• be entitled to receive pay for at least 15 of the 30 calendar days before the holiday, and
• have worked his/her last scheduled shift before the holiday and the first scheduled shift after the holiday.

For further information, please contact:
Nova Scotia Labour Standards Division
Nova Scotia Department of Environment and Labour
5151 Terminal Road, 7th Floor
P.O. Box 697
Halifax, Nova Scotia
B3J 2T8
Toll-free: 1-888-315-0110
Telephone: (902) 424-4311
Fax: (902) 424-0648
E-mail: labrstd@gov.ns.ca
Web site : http://www.gov.ns.ca/enla/labstand/lstcode/PDFs/Holiday_Pay.pdf

Are employees who work on Remembrance Day entitled to Holiday Pay?

This holiday is governed by the Remembrance Day Act. This Act provides that where an employee, in certain industries, is required to work on Remembrance Day and has received wages for at least 15 of the 30 calendar days immediately before Remembrance Day, he/she may be entitled to receive a day off with pay.

How many hours must you work before you get overtime?

Any and all hours worked over 48 hours in a week (7 days) are considered overtime. There are some exceptions. Read specific Frequently Asked Questions on overtime.

For further information, please contact:
Nova Scotia Labour Standards Division
Nova Scotia Department of Environment and Labour
5151 Terminal Road, 7th Floor
P.O. Box 697
Halifax, Nova Scotia
B3J 2T8
Toll-free: 1-888-315-0110
Telephone: (902) 424-4311
Fax: (902) 424-0648
E-mail: labrstd@gov.ns.ca
Web site: http://www.gov.ns.ca/enla/labstand/lstcode/PDFs/Overtime.pdf

Are there any wage or training subsidy programs?

There are wage and training subsidy programs targeting a variety groups, for example students, new graduates and people injured on the job.

See the document Employment and Training Info-Guide for a list of Wage and Training Subsidy programs.  

LAYOFFS AND TERMINATION

Where the employer is terminating the employment , how much written notice is an employee entitled to?

How much notice an employer must give an employee depends upon how long the employee was employed. The following table shows the notice times for each period of employment.

If the employer does not want to give the employee notice, the employer must give the employee pay in lieu of (in place of) notice. This means that the employer must pay the employee as much pay as he would receive if he worked for his notice period.

Please note that there are a number of other exceptions and you may want to refer to Section 72(3) of the Labour Standards Code.  

For further information visit:  When the Employer Ends the Employment

When an employee terminates the employment, how much notice is the employer entitled to?

When an employee has been employed by an employer continuously for three months or more, the employee shall not terminate the employment unless the employer has been guilty of a breach of the terms and conditions of employment, without first having given:
 

• one week's notice in writing to the employer if the period of employment is less than two years; and
• two weeks' notice in writing to the employer if the period of employment is two years or more.

When an employee leaves his/her employment after 20 years service, are they entitled by labour laws to receive a severance and if so, how is it calculated?

You will want to speak to a lawyer about severance as awarded through the courts. The Labour Standards Code & Regulations do not provide for severance, but instead provide for notice entitlement.

NOTE:  The Parliament of Canada, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Quebec, the Yukon and the Northwest Territories require an employer to give advance notice of a projected termination of a large scale layoff to a group of employees.

For further information on layoffs and terminations regulations, contact::
Nova Scotia Labour Standards Division
Nova Scotia Department of Environment and Labour
5151 Terminal Road, 7th Floor
P.O. Box 697
Halifax, Nova Scotia
B3J 2T8
Toll-free: 1-888-315-0110
Telephone: (902) 424-4311
Fax: (902) 424-0648
E-mail: labrstd@gov.ns.ca

TRAINING AND DEVELOPMENT

Visit our Employment and Training Info-Guide for more information on different government programs, services and regulations pertaining to employment and employee training.

EMPLOYEE AND LABOUR RELATIONS

Collective bargaining

Workplace Information Directorate
The Workplace Information Directorate provides up-to-date, customized information on industrial relations and collective bargaining.  The Directorate can advise and assist you in preparing for and supporting the resolution of issues at the bargaining table. It can help you keep abreast of developments in the industrial relations field and can also satisfy your specific research requirements.

For further information, please contact:

See the document Workplace Information Directorate - WID
Visit the web site: http://www.hrsdc.gc.ca/en/gateways/business/cluster/category/cb.shtml

Federal Mediation and Conciliation Service (FMCS)
The FMCS provides conciliation and mediation assistance to parties engaged in collective bargaining and offers an extensive range of preventive mediation and grievance mediation services aimed at resolving differences and improving industrial relations during the closed period of a collective agreement. It also manages the Labour-Management Partnerships Program, which provides seed funding for innovative projects designed to improve labour-management relationships.   By providing unions and employers with these services, the FMCS helps to foster harmonious labour-management relations throughout Canada.

For further information, please contact:
Atlantic Region
Federal Mediation and Conciliation Service
Human Resources and Skills Development Canada
Atlantic Regional Office
Cornwallis House
Suite 202
5475 Spring Garden Road
Halifax, Nova Scotia
B3J 3T2
Telephone: (902) 426-3834
Fax: (902) 426-1650
See the document Federal Mediation and Conciliation Service
Visit the web site: http://www.hrsdc.gc.ca/en/gateways/topics/mxm-gxr.shtml

Employee Motivation and Performance

Visit the following web sites for helpful information on employee motivation and performance:

ebiz.enable - Employee Relations - http://strategis.gc.ca/epic/internet/inee-ef.nsf/en/h_ee00262e.html
Employee loyalty in your small business: How to retain it - http://www.bdc.ca/en/about/events_publications/profits/2002-22-02/13.htm?iNoC=1
How to increase your employees efficiency - http://www.bdc.ca/en/my_project/Projects/articles/res_hum1.htm?iNoC=1

Equal Opportunity in the Workplace

Employment Equity Act

The Employment Equity Act requires employers to identify and eliminate barriers to the employment of women, members of visible minorities, persons with disabilities and Aboriginal peoples. As well, employers must move towards a representative workforce. By law, they are required to develop and implement an employment equity plan, in consultation and collaboration with employee representatives. If employers fail to file an annual report with HRSDC, they may face a monetary penalty.

TheEmployment Equity Act and Regulations apply to the following groups:

• federally regulated employers with 100 or more employees, including industries such as:

• banking;
• communications; and
• international and interprovincial transportation.

• some private sector employers and Crown Corporations;
• federal departments, agencies and commissions; and
• the Canadian Forces and the Royal Canadian Mounted Police as may be specified by order of the Governor in Council on the recommendation of the Treasury Board.

For further information, please contact:

See the document Employment Equity
Visit the web site: http://www.hrsdc.gc.ca/en/gateways/topics/wzp-gxr.shtml

Nova Scotia Human Rights Commission

Nova Scotia Human Rights Commission can provide you with more information on equal opportunity in the work place.  Commission staff:

• offer awareness and training sessions on human rights
• provide information and advice to people who believe they are experiencing discrimination
• offer information and advice to employers
• help groups and organizations to draft their own human rights policies
• investigate complaints of discrimination

Speak to a human rights officer to find out more about the protections in Nova Scotia's Human Rights Act. Call toll-free 1-877-269-7699 for more information, or 424-3139 (TTY).

Developing Employee Handbooks and Policy

Anti-Harassment Policies For The Workplace: An Employer's Guide
Employers are required by the Canada Labour Code to develop their own harassment policies. In addition, the existence of appropriate harassment policies and procedures will be a factor considered by the Canadian Human Rights Commission in evaluating a company's liability in harassment complaints. The purpose of the model policies is to assist employers in meeting these requirements. However, employers retain responsibility for preparing appropriate policies, monitoring their effectiveness, updating them as required, ensuring all employees are aware of the policy and providing anti-harassment training.

For further information, please contact:
Canada Human Rights Commission
5475 Spring Garden Road, Suite 504
Halifax, Nova Scotia, B3J 3T2
Telephone: (902) 426-8380
Toll Free: 1-800-999-6899
TTY: 1-888-643-3304
Fax: (902) 426-2685
Visit the web site: http://www.chrc-ccdp.ca/publications/anti_harassment_toc-en.asp

HEALTH AND SAFETY

contact: the following organizations for more information on health and safety regulations, training and obligations.

Canadian Centre for Occupational Health and Safety (CCOHS)
CCOHS fulfills its mandate to promote workplace health and safety, and encourage attitudes and methods that will lead to improved worker physical and mental health, through a wide range of products and services. These products and services are designed in cooperation with national and international occupational health and safety organizations with an emphasis on preventing illnesses, injuries and fatalities. The CCOHS provides a variety of both public service initiatives at no charge to the user, such as OSH Answers, the person-to-person Inquiry Service, the electronic newsletter, and public presentations.

For further information, please contact:
Canadian Centre for Occupational Health and Safety
135 Hunter Street East
Hamilton, ON, Canada L8N 1M5
Toll-free: 1-800-668-4284
Phone: 1-905-570-8094
Fax: 1-905-572-2206 (FAX)
Visit the web site: http://www.ccohs.ca/

Occupational Health and Safety Division - Province of Nova Scotia
The Occupational Health & Safety Division (OH&S) concentrates its efforts on safe and healthy workplaces, work practices and safety standards protecting the working public.  The OH&S Division conducts inquiries under the Occupational Health & Safety Act when an employee has refused unsafe work and was disciplined as a result or was discriminated against because of action taken pursuant to the Occupational Health & Safety Act.

For further information, please contact:
Occupational Health & Safety Division
Nova Scotia Department of Labour
5151 Terminal Road, 6th floor
P.O. Box 697
Halifax, Nova Scotia B3J 2T8
Toll-free: 1-800-952-2687
Telephone: (902) 424-5400
Fax: (902) 424-3239
E-mail: labrohs@gov.ns.ca
Visit the web site: http://www.gov.ns.ca/enla/ohs

Occupational Health and Safety Act
All employers in Nova Scotia are subject to the provisions of the Occupational Health and Safety Act.

Visit http://www.gov.ns.ca/legislature/legc/statutes/occph_s.htm for more information on the various regulations under the Occupational Health and Safety Act.

Workers Compensation Board of Nova Scotia
The Workers' Compensation Board (WCB) of Nova Scotia administers the Workers' Compensation Act.     The Workers' Compensation Act requires that most firms which employ three or more workers at the same time register for coverage. This includes full-time, part-time and casual workers as well as sub-contractors.  Some businesses do not require coverage.  

For further information, please contact:
Workers' Compensation Board of Nova Scotia
Main Office
5668 South Street
P.O. Box 1150
Halifax, Nova Scotia B3J 2Y2
Toll-free: In Nova Scotia: 1-800-870-3331 (general inquiries)
In Canada: 1-877-211-9267 (employer services)
Telephone:  (902) 491-8999 (general inquiries) (902) 491-8324 (employer services)
Fax: 491-8001 (accident reporting); 491-8002 (general information);
E-mail: info@wcb.gov.ns.ca
See the document Workers' Compensation Board
Visit the web site: http://www.wcb.ns.ca

An Occupational Health and Safety (OHS) Program in Your Work Place
This document has been prepared in order to help employers and employees meet their obligations under the Canada Labour Code, Part II. Its purpose is to assist employers and employees in organizing, implementing and monitoring an Occupational Health and Safety (OHS) program in their work place.

Visit the web site: http://www.hrsdc.gc.ca/asp/gateway.asp?hr=en/lp/lo/ohs/overview/index-ohs.shtml&hs=oxs

HELPFUL LINKS

The Human Resources Management web site is a one-stop information source for your human resources management needs, including information from government and non-government sources, available at: http://www.gestionrh.ca

The Guide to the Labour Standards Code of Nova Scotia is a version of the Code written in clear, everyday language, available at: http://www.gov.ns.ca/enla/employmentrights/

The Human Resources Management web site contains information on Organizations and Associations that can help you with human resource issues, available at:    http://hrmanagement.gc.ca/gol/hrmanagement/site.nsf/en/index.html  

The Human Resources Management web site contains valuble information on Human Resource planning, available at: http://hrmanagement.gc.ca/gol/hrmanagement/site.nsf/en/hr10777.html

List of Human Resource Centres of Canda located in Nova Scotia, available at: http://www.hrsdc.gc.ca/en/gateways/where_you_live/regions/offices/ns.shtml

ADDITIONAL INFO-GUIDES

See the document - Aboriginal Info-Guide

See the document -  Arts and Culture Info-Guide

See the document - Business Start-Up Info-Guide

See the document - Co-operatives Info-Guide

See the document -  E-Business Info-Guide

See the document - Employment and Training Info-Guide

See the document - Entrepreneurs with Disabilities Info-Guide

See the document - Exporting Info-Guide

See the document - Financing Info-Guide

See the document - Government Procurement Info-Guide

See the document - Importing Info-Guide

See the document - Innovation Info-Guide

See the document - Library Guide

See the document - Non-Profit Info-Guide

See the document - Taxation Info-Guide

See the document -  Young Entrepreneurs Info-Guide

DISCLAIMER
Information contained in this document is of a general nature only and is not intended to constitute advice for any specific fact situation. Users concerned about the reliability of the information should consult directly with the source, or seek legal counsel.

Links Policy
Some of the hypertext links lead to non-federal government sites which are not subject to the Official Languages Act and the material is available in one language only.