Employment and Contracting

 

Employee/Contractor Designations

The decision on whether the execution of a work package should be covered by an employment agreement or a contract shall be based on the category that results from the application of the current Canada Revenue Agency guidelines.

Definitions

A contractor is defined generally as one who works to contract specifications and
conditions, provides tools and labor as required, and is considered to be self
employed.

An employee is defined generally as one who works full or part time for specified
wages under the direction of a manager or management committee, does not provide
his or her own tools and is considered to be in the service of the employer.

The association is the Hornby Island Resident’s & Ratepayer’s Association.
The Executive is the HIRRA Executive committee.
A Management Committee is the HIRRA committee responsible for the management of a particular service.
The president means the president of HIRRA, or designate.
The Administrator is the HIRRA administrator reporting to the executive
committee.

HIRRA’s relationship with the Comox Valley Regional District

In recognition of HIRRA’s contractual relationship with the Comox Valley Regional District (CVRD), both employee and contractor agreements will contain clauses established by the Executive which permit HIRRA to terminate the agreements with two month’s written notice and without penalty in the event that the CVRD reduces the scope of HIRRA’s assignments or reduces the funding.

Employee Agreement

  1. The relationship and obligations of HIRRA and its employees are defined in individual letters of employment.
  2. HIRRA and the employee shall enter into a written employment agreement based on the HIRRA model established by the Executive in consultation with Committees. The agreement shall be negotiated, in the first instance, by the relevant Management Committee. The finalized draft agreement shall be submitted to the Executive for final approval. It shall then be signed by both the manager/Management Committee and the employee, and a copy sent to the Administrator.
  3. Annually in October, the Executive will review the HIRRA master pay schedule, taking into account the cost of living impacts.
  4. Every year in December, a written performance evaluation shall be prepared for the employee by the Management Committee, or the manager. The form used for the evaluation shall be the HIRRA model approved by the Executive committee. The completed evaluation shall then be viewed by the employee and discussed in a meeting, held during the same month and attended by the employee, the person to whom the employee reports and one member of the Management Committee or the Executive committee. The job description shall be reviewed with the employee and updated as required. If necessary a new course of action for the coming year will be negotiated and documented on the evaluation form. The employee may write his/her own comments onto the evaluation form. The completed form, once signed by the employee and his/her manager/management committee, shall be filed in the employee’s confidential record held by the HIRRA Administrator.
  5. Every year, in December, the Management Committee shall meet to assess the remuneration under the employment agreement and shall take into account the master pay schedule criteria, the performance evaluation report and subsequent performance. Recommendations for adjustment shall be submitted to the Executive for approval. Adjustments to the remuneration rate shall be communicated in writing to the employee.
  6. HIRRA will advertise employment opportunities in at least two editions of free print media distributed on Hornby Island and on the HIRRA notice board at the Hornby Co-op. The advertising shall be over a period of at least two weeks. The HIRRA Management Committee or manager shall evaluate the candidates, interview a short list or all of the candidates, make a selection and negotiate the employment agreement, in consultation with the Executive except where this requirement has been specifically waived by the Executive.

Contract Agreements

  1. Contracts shall be negotiated using the HIRRA model contract form as the starting point. Currently, the following are on-going labour contract positions within HIRRA: Community Hall Booking Agent; Outhouse Maintenance contractor and Regional Parks Maintenance contractor.
  2. Contracts shall be between HIRRA and the contractor with the president, Administrator or designate signing on behalf of HIRRA, and shall name the Management Committee as the agent for HIRRA.
  3. The term of contracts shall be one year unless there are grounds for a longer term (e.g. significant capital commitments required of the contractor).
  4. At the end of the term of the contract, the Management Committee may renegotiate the contract with the incumbent contractor. The renegotiated contract shall then be submitted to the Executive for approval and signature by a signing officer of the association.
  5. Three years after the commencement of the initial contract, with the contract or an amended contract still in effect and the work package still to be carried out, the work package shall be put to public offering.
  6. Short-term work contracts shall specify, in writing, the details of the work to be done the remuneration to be paid and the planned completion date.

Adopted April 12, 2000
Revised February, 2007</>

In the event of a conflict between the wording of the Policy on this page and the wording of the paper copy kept in the central HIRRA file, the wording of the paper copy shall prevail.