Authored by: Lisa Harris and Jessica Proudfoot
Federally regulated employers, including First Nations, are now required to provide all employees with a written statement within 30 of their employment start date.
Some or all of the information required in the employment statement may already be set out in existing employment contracts and policies, in which case, it does not need to be documented a second time. First Nation employers should review their existing employment documents to identify what, if any, information is missing. If a separate, employment statement needs to be created, it is important the information on that statement matches employment information set out elsewhere. There is a risk of liability if an employment statement and an employment contract or policy has conflicting information.
Under the Canada Labour Standards Regulations the following information must be included in an employment statement:
(a) the names of the parties to the employment relationship;
(b) the job title of the employee and a brief description of their duties and responsibilities;
(c) the address of the ordinary place of work;
(d) the date on which the employment commences;
(e) the term of the employment;
(f) the duration of the probationary period, if any;
(g) a description of the necessary qualifications for the position;
(h) a description of any required training for the position;
(i) the hours of work for the employee, including information on the calculation of those hours and rules regarding overtime hours;
(j) the rate of wages or salary and the rate of overtime pay;
(k) the frequency of pay days and the frequency of payment of any other remuneration;
(l) any mandatory deductions from wages; and
(m) information about how the employee can claim reimbursement of reasonable work-related expenses.
Employment and Social Development Canada has made a available, or employers can elect to provide the employment statement in other forms, including in a letter of offer, employment contract, or collective agreement. This is a good strategy to reduce the risk of conflicting information between an employment statement and an employment contract, or other documents. It’s also more efficient to update if the employee’s circumstances change.
If the employee’s circumstances do change, the employer must provide the employee with an updated copy reflecting the changes within 30 days of the change.
The employer must keep a copy of the employment statement for at least 36 months after the employee’s employment ceases, and if the employee requests, they must give the employee copies.
Recommended Action
First Nations employers should review their existing hiring policies to ensure consistency with the revised Code.
Guidance should be provided to HR and hiring staff to ensure that they are aware of, and have the resources they need to comply with the requirements to:
- issue an employee statement within 30 days of an employee’s employment;
- issue a revised employee statement within 30 days of any change to the information in an employment statement;
- preserve a copy of the employment statement for 36 months after that employee ceases to be employed; and
- provide the employee a copy of the employment statement, if requested.
First Nations employers can reduce the risk of inconsistencies by:
If you require legal assistance drafting templates, guidance, processes, or policy documents that promote compliance with the revised Code and Standards Regulations, your Woodward and Company lawyer can help.