Many employers, particularly small businesses or solo medical practitioners, neglect a fundamental issue when hiring staff and that is to put a basic employment contract down on paper.
For a variety of reasons (time, procrastination, a feeling that it is unnecessary), these employers never set down the basics of the employment contract with a new employee.
A basic employment contract is important for both parties. For the employee, they should know the basic requirements of the job plus compensation, vacation allowance and benefits. Will there be a salary review at three months after a successful evaluation? Do they need to wait a full year before taking any vacation? Putting these kinds of items in writing can avoid miscommunication later on. Employees state that they like receiving a contract or offering letter as they feel it denotes a more professional company or employer.
For the employer, it can stave off legal problems down the road.
It doesn’t even have to be a long drawn out agreement. It can be as simple as a letter welcoming the new employee and containing job title, hours of work, compensation, vacation allowance and any benefits at the very least.
Two areas that are most important are how much notice is required if an employee wants to move on and setting out the office or company policy with regard to using social media in the office (next blog!). What is the company policy with regard to sick days – paid or unpaid?
These days, particularly with more highly skilled positions, it can take several weeks to find a successful replacement. Rather than being left high and dry, ask your employee to give you three or four weeks written notice or longer.
Remember that in British Columbia, under the Employment Standards Act, the employer has to follow certain rules regarding giving an employee notice, but the employee is not under any obligation under the Act, to give an employer notice although common practice is to give two weeks.
Remember too that in your offering letter or contract, you cannot override the Employment Standards Act by, for example, requesting additional working hours or stating that there is no overtime paid.
If you are in doubt, contact an employment lawyer to be sure that you are in compliance.
My suggestion is to put together a Policies and Procedures manual for your office, covering everything from dress code to using the Internet. Then, in your offering letter, you can have the employee sign off on having read the manual.
Put it in writing! You will be glad that you did.
