P213: Working Relationship

2. POLICY

Prior to the start of a new or revised work arrangement, the hiring manager, with assistance from Human Resources, using the addenda to this policy, determines the correct categorization of the working relationship and proceeds accordingly.

3. REFERENCES

College Policy

• A201: Research and Innovation
• C106: Purchasing
• P207: Employee Code of Conduct

4. ADDENDA

• Procedure A: DETERMINATION OF WORKING RELATIONSHIP
• Form 1: WORKING RELATIONSHIP QUESTIONNAIRE
• Form 2: FORM OF AGREEMENT FOR CONTRACT FOR SERVICES

Procedure A: DETERMINATION OF WORKING RELATIONSHIP

Policy No. & Title: P213: WORKING RELATIONSHIP
Addendum: Procedure A: DETERMINATION OF WORKING RELATIONSHIP
Issued by: Chief Human Resources Officer
Effective: 2020-09-17

Purpose

The purpose of this document is to guide hiring managers and Human resources through the process of determining the appropriate working relationship for each hiring situation.

Definitions

Educational services: May include any of the following: teaching, marking exams, leading tutorials, demonstrating and instructing in labs, developing curriculum, or lecturing.

Employment relationship: Any form of employment relationship including, but not limited to, full-time, part-time, project of non-recurring kind, partial load, sessional, and temporary.

Credit course: A course delivered by the College for credit in a program of instruction leading to a certificate, diploma or degree issued by the College.

Independent contractor: A person in business for him or herself. When assessing whether a person is an independent contractor, the central issue is whether the person engaged to perform the services is performing them as a person who is in business for him or herself. In making the determination, the following should be considered:

• How integral are the services being performed to the core function of the College's business?
• What is degree of control exercised by the College over the performance of the services?
• Who provides the tools/equipment utilized in the provision of services?
• What is the chance of profit or risk of loss taken by the person providing the services?

Determining the Working Relationship

This following outlines the steps for determining the appropriate working relationship between a candidate and the College. If the working relationship is determined not to be 'independent contractor,' then the appropriate relationship is employee.

When assessing whether a candidate is an independent contractor, the central issue is whether the person engaged to perform the services is performing them as a person who is in business for him or herself. In making that determination, the four bulleted points in the above definition are considered.

• When a Budget Manager proposes to enter into a contractual relationship with an independent contractor candidate for the provision of services to the College, a Working Relationship Questionnaire (Form 1) is completed by the Budget Manager or, in the case of a contract extension or an additional contract, the Budget Manager's supervisor.
• If the response to either of the first two questions in the Questionnaire is 'Yes,' then the Budget Manager consults with the Executive Director, Human Resources or designate before the working relationship determination is made and before hiring.
• If more than one of the responses to questions 3 to 11 in the Questionnaire is 'Yes', then the Budget Manager is strongly advised to seek assistance from the Chief Human Resources Officer or the Manager, Purchasing and Accounts Payable in determining the appropriateness of the contractual relationship before the working relationship determination is made.
• The completed questionnaire is sent to Purchasing and Accounts Payable to set up the vendor record before the requisition is approved or the invoice sent to Accounts Payable. If it is determined that the proposed contractual relationship is appropriate, steps 3.5 to 3.8 below are completed.
• Where the total contracted amount during the budget year will be less than $10,000 exclusive of HST, the independent contractor invoices the College for services rendered.
• Where the total contracted amount during the budget year will be $10,000 or more exclusive of HST, the Budget Manager and the candidate complete the Contract for Services (Form 2) in addition to Form 1, and forward Form 2 to Purchasing and Accounts Payable before payment is made. Every Contract for Services, and each extension thereof, must be for a definite term (specific start and end date) not exceeding one year. The Manager completes Schedule A and B of Form 2. Purchasing is available to assist the Manager in defining both the contract specifications and deliverables, and assisting with the determination of any approved expenses.
• The Budget Manager follows normal purchasing procedures as outlined in policy C106: Purchasing, and the independent contractor invoices the College for services rendered. Payment terms are clearly described including the impact of HST, if any.
• The Budget Manager forwards to Purchasing and Accounts Payable the candidate's proof of business registration and tax status as described in policy C106. This documentation only needs to be provided once for a given independent contractor.

Form 1: WORKING RELATIONSHIP QUESTIONNAIRE

Policy No. & Title: P213: WORKING RELATIONSHIP
Addendum: Form 1: WORKING RELATIONSHIP QUESTIONNAIRE
Issued by: Chief Human Resources Officer
Effective: 2020-09-17

Note: The complete Working Relationship Questionnaire form is available in the policy PDF. Please refer to the policy document for the full form.

Form 2: FORM OF AGREEMENT FOR CONTRACT FOR SERVICES

Policy No. & Title: P213: WORKING RELATIONSHIP
Addendum: Form 2: FORM OF AGREEMENT FOR CONTRACT FOR SERVICES
Issued by: Chief Human Resources Officer
Effective: 2020-09-17

Note: The complete Contract for Services agreement form is available in the policy PDF. Please refer to the policy document for the full form.