Who is an Independent Contractor under The Employment Standards Code (Manitoba)?
by Christopher C. Donaldson
It may be advantageous for an organization if one or more of its workers is classified as an “independent contractor” rather than an “employee” under The Employment Standards Code (Manitoba) (the “Code”). Such a classification can mean that the organization has reduced obligations to those workers, including obligations relating to holiday pay, vacation pay, notice of termination or pay in lieu thereof, and overtime pay.
Do Your Employees Have Health Coverage When Working Out of Country?
by R. Reis Pagtakhan
While your first concerns when sending an employee abroad to work might be immigration and tax implications, Manitoba employers should also ask whether Manitoba Health will continue to cover your employee while working abroad.
Most employers are aware that there are notice requirements which must be respected when terminating the employment of a worker which run from no notice in limited circumstances to eight weeks of notice for longer term employees. There are some exceptions in section 62 (1) of the Code to the notice requirement. These exceptions have historically included term positions that end on the specified date, truly casual work where an employee is called on an as needed basis and is free to refuse work, and those who fall under the Construction Industry Wages Act. What has not been broadly exempted is employee conduct leading to termination.
Why HR Personnel Can Be Prosecuted For Helping With An Immigration Application
by R. Reis Pagtakhan, Catherine S. Laspina
Canada’s immigration laws require individuals who provide certain immigration services to be members of a prescribed regulatory body. If an HR professional is not a member of one of these prescribed regulatory bodies, providing immigration advice – may be illegal.