Assignment and didcussion

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School

CDI College of Business, Technology and Health Care *

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MISC

Subject

Management

Date

Jan 9, 2024

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docx

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Uploaded by DeaconWillpowerFinch27

1. **Control Over job**: In a contract of service (sometimes called an employment contract), the employer usually has considerable control over how the job is carried out, including when, when, and how. In Monica's circumstances, she does have some influence over her job. Although she follows Jean-Paul's instructions for the duties to be completed, the fact that she utilizes her own tools and employs part-timers implies that she has some degree of independence in handling her workload. 2. **Tools and Equipment**: Monica utilizes her own modest tools for the task, demonstrating that she has purchased her own tools for the labor she performs. However, the business offers and cares for a snowplow and a riding lawnmower. Although Monica uses her own tools for the most of her work, this mixed arrangement suggests some sort of collaboration rather than a traditional contract for services. 3. **Engagement of Assistants**: Monica has some control over the recruiting and management of additional staff, as evidenced by the fact that she occasionally engages part-timers to help her out. This suggests a relationship between independent contractors rather than an employer and employee. 4. Monica does not mention having any other clients, so the lack of exclusivity is not a deciding factor. It might teeter on the edge of an employment relationship, though, if she were totally dependent on this job. 5. **Payment Structure**: Monica receives a fixed payment each month, which is more typical of a service agreement. Typically, wages for employees are paid on an hourly, weekly, or biweekly basis, but payments for independent contractors are frequently set or project-based. 6. **Invoicing and Approval Process**: Jean-Paul approves Monica's monthly bills before sending them to Accounts Payable. This billing

procedure is more in line with the business-to-business relationships that are frequently found in service contracts. 7. **Absence of Benefits**: Employee perks like health insurance, retirement programs, and paid time off are not mentioned. Employees typically have access to benefits, whereas independent contractors typically do not. These elements suggest that Monica's relationship with the business is more akin to a contract for services than an employment one. It's crucial to keep in mind that local employment regulations can differ and that employment categories can be complicated and open to legal interpretation. It's advisable to seek legal advice from experts in employment and labor law if there are any questions or legal issues. Step-by-step explanation It appears that Monica's relationship with Industrial Injection Molding Solutions is a contract for services rather than a service agreement. This conclusion is derived from a number of important indications. First off, while Monica receives guidance from Jean-Paul on her weekly chores, her independence in using personal equipment and recruiting part-time employees denotes a certain degree of independence. Furthermore, even if the business offers a riding lawnmower and a snowplow, the fact that Monica mainly uses her own tools raises the possibility of a contractor- client relationship. Second, her payment schedule, which consists of a set monthly sum, is more typical of a services agreement. In contrast to that, an employee's regular or hourly compensation. Monica's monthly invoice submission, approval, and processing procedure are in line with how contractors are normally paid.

The contractor classification is further supported by the absence of employee benefits like health insurance and retirement plans. Although it's not a deciding factor, Monica's non-exclusive employment arrangement also tends to support a contract for services because contractors frequently work with numerous clients. It's important to be aware of the difficulties with occupational classifications and any potential legal issues. Even though the evidence points to a contract for services, local labor laws and regulations may have an impact on the final decision. The best course of action could be to consult a lawyer to assure compliance and reduce any potential legal problems. Your organization is a chemical supplier with employees in the... Your organization is a chemical supplier with employees in the following jurisdictions: • Manitoba • Prince Edward Island • Yukon The organization is planning to implement a company-wide policy with respect to vacation leave and vacation pay that provides the same benefits to all employees, regardless of their province of employment. As the Payroll Manager, provide Anita Beauchamp, the Director of Finance, with the following information: • Identify four specific items relating to vacation leave and vacation pay that will have to be addressed in the policy to ensure compliance with the employment/labour standards in each jurisdiction. Research the details for each of the items you have identified using the course material and the employment/labour standards website for each jurisdiction.

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• Using the results of your research, provide your recommendations to Ms. Beauchamp on how to address each of these items in the policy to provide the employees with the best benefit, while keeping the cost to the organization at a minimum. Explain your reasoning. Answer & Explanation Solved by verified expert Answered by amasclan77 on coursehero.com Four specific items relating to vacation leave and vacation pay that will have to be addressed in the policy to ensure compliance with the employment/labour standards in each jurisdiction are: 1. Minimum Vacation Time: Each jurisdiction has its minimum vacation time requirements that must be met. Manitoba requires that employees receive at least two weeks of vacation time after one year of employment, and PEI requires that employees receive at least one week of vacation time after each year of employment. Yukon, on the other hand, requires employees to receive at least two weeks of vacation after three years of employment. Therefore, the policy must meet or exceed these minimum requirements in each jurisdiction to ensure compliance. Recommendation: The policy should provide the minimum vacation time required by the jurisdiction of each employee. For example, the policy should provide for two weeks of vacation time for employees in Manitoba and Yukon and one week of vacation time for employees in PEI. Providing the minimum requirement will ensure compliance with employment/labour standards and will help the organization minimize costs. 2. Vacation Pay: The amount of vacation pay required to be paid to employees differs in each jurisdiction. In Manitoba, employees are entitled to receive vacation pay equal to at least 4% of their gross earnings for the vacation year, while in PEI, employees are entitled to receive vacation pay equal to at least 4% of their total wages earned in the vacation entitlement

year. In Yukon, vacation pay must be at least 4% of the employee's gross wages earned during the vacation entitlement year. Recommendation: The policy should provide vacation pay to employees based on the minimum requirements of the jurisdiction of each employee. For example, the policy should provide vacation pay equal to at least 4% of an employee's gross earnings for the vacation year in Manitoba and Yukon, and at least 4% of an employee's total wages earned in the vacation entitlement year in PEI. 3. Vacation Accrual: Each jurisdiction has its rules for vacation accrual, and some require vacation time to be accrued over a specific period. For example, Manitoba requires vacation time to be accrued based on length of employment, while in PEI, vacation time is earned on the anniversary date of employment. In Yukon, vacation time is earned on the basis of the employee's length of employment. Recommendation: The policy should provide for vacation accrual that meets or exceeds the minimum requirement of each jurisdiction. For example, if an employee in Manitoba earns two weeks of vacation time after one year of employment, the policy should provide for vacation time to be accrued on the basis of length of employment. For an employee in PEI, the policy should provide for vacation time to be earned on the anniversary date of employment. 4. Vacation Scheduling: Each jurisdiction has rules regarding the scheduling of vacation time. In Manitoba, employees must be given at least two weeks' notice of the vacation period, while in PEI, the employer must give notice of the vacation period at least one week in advance. In Yukon, the vacation period must be agreed upon between the employer and employee. Recommendation: The policy should provide for the scheduling of vacation time that meets or exceeds the minimum requirement of each jurisdiction. For example, if an employee in Manitoba must be given at least two weeks' notice of the vacation period, the policy should provide for the employee to receive at least two weeks' notice of the vacation period. Similarly, the policy should provide for vacation periods to be agreed upon between the employer and employee in Yukon.

In summary, to ensure compliance with the employment/labour standards in each jurisdiction, the policy should provide for the minimum vacation time, vacation pay, vacation accrual, and vacation scheduling required in each jurisdiction. By meeting or exceeding the minimum requirements, the organization can ensure compliance and minimize costs while providing employees with the best benefit possible. It is important to note that while meeting the minimum requirements of each jurisdiction will ensure compliance, the organization may choose to provide additional vacation time or pay to employees to attract and retain talent. However, any additional benefits provided should be implemented uniformly across all jurisdictions to avoid any potential issues with discrimination or unequal treatment of employees. Additionally, the organization should ensure that the policy is reviewed regularly and updated as necessary to reflect any changes to the employment/labour standards in each jurisdiction. This will help the organization to maintain compliance and avoid any potential legal issues. In conclusion, as the Payroll Manager, it is essential to carefully review the employment/labour standards in each jurisdiction where the organization has employees to ensure that the policy on vacation leave and vacation pay complies with the minimum requirements. Based on this review, I recommend that the policy should provide the minimum vacation time, vacation pay, vacation accrual, and vacation scheduling required in each jurisdiction while keeping the cost to the organization at a minimum. Regular review and update of the policy will ensure that the organization remains compliant with the employment/labour standards and avoids any potential legal issues. Step-by-step explanation As a chemical supplier with employees in multiple jurisdictions, the organization must ensure that its policies on vacation leave and vacation pay are compliant with the employment/labour standards in each province. Failure to comply with these standards can result in legal consequences, fines, and reputational damage. Therefore, it is essential for the organization to identify specific items relating to vacation leave and

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vacation pay that must be addressed in the policy to ensure compliance with the standards of each province. The first item that needs to be addressed is the minimum vacation time required by each province. In Manitoba, employees are entitled to two weeks of vacation after one year of employment, while in Prince Edward Island, employees are entitled to two weeks of vacation after eight years of continuous employment. In contrast, in Yukon, employees are entitled to three weeks of vacation after one year of employment. Therefore, the policy must ensure that employees in each province receive the minimum vacation time required by law. The second item that needs to be addressed is the minimum vacation pay required by each province. In Manitoba, employees are entitled to four percent vacation pay on gross wages earned during the vacation entitlement year, while in Prince Edward Island and Yukon, employees are entitled to either four percent or four percent plus a percentage of their earnings depending on the length of employment. Therefore, the policy must ensure that employees in each province receive the minimum vacation pay required by law. The third item that needs to be addressed is the accrual of vacation time. In Manitoba and Prince Edward Island, vacation time is accrued based on the length of employment, while in Yukon, vacation time is accrued on a pro- rata basis. Therefore, the policy must ensure that employees in each province accrue vacation time in accordance with the standards of that province. The fourth item that needs to be addressed is vacation scheduling. In Manitoba and Prince Edward Island, employers must provide at least two weeks' notice before the start of an employee's vacation, while in Yukon, employers must provide at least one week's notice. Therefore, the policy must ensure that employees in each province receive adequate notice of their vacation time. Based on the research, I recommend that the policy should provide the minimum vacation time, vacation pay, vacation accrual, and vacation scheduling required in each jurisdiction while keeping the cost to the organization at a minimum. The policy should also ensure that any additional benefits provided are implemented uniformly across all

jurisdictions to avoid any potential issues with discrimination or unequal treatment of employees. To provide the employees with the best benefit possible, the organization may choose to provide additional vacation time or pay to employees to attract and retain talent. However, any additional benefits provided should be implemented uniformly across all jurisdictions. This will help the organization to avoid any potential issues with discrimination or unequal treatment of employees. Moreover, it is important for the organization to review the policy regularly and update it as necessary to reflect any changes to the employment/labour standards in each jurisdiction. This will help the organization to maintain compliance and avoid any potential legal issues. In conclusion, as the Payroll Manager, it is essential to carefully review the employment/labour standards in each jurisdiction where the organization has employees to ensure that the policy on vacation leave and vacation pay complies with the minimum requirements. The policy must ensure that employees in each province receive the minimum vacation time, vacation pay, vacation accrual, and vacation scheduling required by law. Any additional benefits provided should be implemented uniformly across all jurisdictions, and the policy should be reviewed regularly to maintain compliance with the employment/labour standards in each province. Chapter 6 Discussion Choose three of the following changes that may be negotiated in a collective agreement and provide an example of how each would impact the payroll department.  Timing of changes  Changes to salaries, wages, overtime rates  Paid absences.  Group benefits  Retroactive payment dates

 Method of payment for retroactive adjustment Group benefits The proposed negotiated increase to the group term life insurance benefit changes the coverage from 1.5 times the employee's annual salary to 2 times the annual salary. The payroll manager must discuss this change with the company's insurance provider to determine when they can have the change effective in the company's policy. It is the job of the payroll department to analyze the total cost of the group benefits plan and decide how that cost is to be allocated amongst all its employees. Once a plan is established, the payroll department deducts insurance premiums from employee paychecks (bi-weekly or at the end of every month). They also ensure regular payments are made to the chosen insurance provider. These are just some of the ways a group benefits plan can impact the payroll department of any company. However, although it may amount to a little more work, the advantages that a group benefits plan offers to employees far surpass the cons of the extra time and paperwork. Changes to salaries, Wages, overtime rates There is a proposed 1% salary and wage increase for all union members that will impact regular, overtime, and statutory holiday pay. The company's total current salaries and wages can be increased by 1% in the model software to see the effect of this expense on the company, as well as the increase to the statutory and non-statutory costs to the employer. The historical data on the company's overtime and statutory holiday payments can also be recalculated at the increased rates to determine an estimated effect on the company's expenses. (Ch6P-19) The most common issues discussed at the negotiation table, as detailed below, may also impact employer costs for Canada Pension Plan contributions, Employment Insurance premiums, Workers' Compensation, provincial health levies and other employee benefits. Salary and wage issues: • average wage rate, or rates of pay by job group or job classification • overtime premiums and premiums for working on Sundays • statutory holiday pay rates • allowances, for example, clothing and tool allowance amounts Retroactive payments Your new collective agreement will apply retroactively to a date in 2018. The exact date varies according to which collective agreement you are covered by when your old agreement expired there is a period of time where your new rate of pay will apply but you were paid at

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your old rate. This is called the retroactive period. It starts when your old collective agreement expired and, it ends the day before your new salary takes effect in the pay system. We owe you the difference between your old and new rates of pay for the retroactive period. We will pay you this amount in one or more retroactive payments Your initial retroactive payment is generated by an automated process in Phoenix. It is based on your pay history information available in Phoenix when the system takes a "snapshot" of your account. This means that the automated process might not reflect late transactions entered after the date the snapshot was taken. These transactions will be processed as an individual retroactive payment. The Payroll department is the keeper of pertinent information that can help guide the organization during negotiations on issues related to salary and wages, hours of work, paid absences, and group benefits. Three changes that may be negotiated in a collective agreement that directly impact payroll are: Paid Absences – can include vacation entitlement and pay, sick leave entitlement and pay. Scenario: The union has put forward a proposal to increase vacation entitlement for all staff who have been working more than 10 years but under 15 years, to be increased from 10 days to 11 days. Payroll Impact: The payroll department is able to gather the data of eligible employees to prepare a trend report for the bargaining team. It would increase direct costs because the employee is paid wages while he is absent and not working, should the proposal be adopted Changes to salaries, wages, overtime rates– If changes to salary are proposed, if in effect, it impacts the payroll department because they need to increase the salary change in the model software to see the effect of this expense on the company as well as the increase to statutory and non- statutory costs to the employer. It is responsibility of the payroll department

to determine an estimated effect on the company’s expenses and therefore impacts the work of the department. Group benefits– Proposed negotiated increase to the group term life insurance benefit changes the coverage from 1.5 times the employee’s annual salary to 2 times annual salary. The payroll manager must discuss this change with the company’s insurance provider to determine when they can have the change effective in the company’s policy. These changes and updates impact the company’s expenses and terms with the insurance provider and therefore impacts the payroll department.

Assignment and didcussion

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