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THE QUESTION
I’m beginning a brand new job quickly. My supervisor despatched me a listing of studying supplies: pointers and procedures for my new office and advised me I ought to evaluate the supplies earlier than my begin date. It’s a number of studying and would require not less than one full day, if not two, to get by it. I don’t suppose I needs to be required to learn these supplies earlier than I’m formally “on the clock,” however I additionally don’t wish to begin this new job on the improper foot. Can an employer require new hires to do workplace-related studying previous to the beginning of a contract? What’s one of the simplest ways for me to push again politely?
THE FIRST ANSWER
Balraj Ok. Dosanjh, associate and co-practice chief of the labour group, Cavalluzzo LLP, Toronto
Typically, all time spent on work-related duties needs to be compensated by your employer and this consists of coaching, orientation and, sure, even necessary studying earlier than your begin date. This proper to be paid for any hours you might be required to work is enshrined in provincial employment minimal requirements laws. In Ontario, the Employment Requirements Act requires employers to pay staff for all hours of labor, which incorporates necessary coaching or orientation. The rationale for paid coaching below the ESA is easy: in the event you’re doing one thing that advantages the employer and is required in your job, it’s thought of work and work have to be paid.
You will need to word there are exceptions, comparable to when the coaching isn’t directed by the employer however accomplished on the worker’s personal initiative. There are additionally variations throughout jurisdictions. For instance, staff in Quebec could also be entitled to compensation for necessary and voluntary coaching whereas in Alberta, unpaid coaching in the course of the hiring course of is permitted in some circumstances. As properly, some professions and work expertise applications are excluded from the appliance of sure minimal requirements guidelines, together with the requirement to be paid for all hours of labor. You will need to evaluate the employment requirements laws in your jurisdiction to make sure you are in a career that’s lined by the laws and entitled to be paid for any necessary coaching or orientation interval.
I respect that elevating this challenge with a brand new employer is difficult. If you happen to really feel comfy, you can ask your supervisor to verify that the time spent reviewing the assigned materials shall be thought of working time. Alternatively, you can advise your supervisor that given the quantity of fabric, you will be unable to evaluate it earlier than you begin however will prioritize doing so in your first day.
THE SECOND ANSWER
Lia Moody, affiliate counsel, HHBG Legal professionals, Vancouver
Congratulations on the brand new job. I typically suppose that it’s a good suggestion to familiarize your self with firm insurance policies and procedures, as these may type phrases of your employment that shall be vital for you to concentrate on. Nevertheless, whether or not you learn them earlier than you begin the job or after, this may be thought of “work” below provincial employment requirements laws and, due to this fact, needs to be paid. So, to reply your query: sure, an employer can require you to do workplace-related studying previous to the beginning of a contract however you might be entitled to be paid for it.
On condition that this seems like a number of studying (and, due to this fact, many hours), I’d say as a lot and ask them to determine these elements of the supplies which can be essentially the most crucial to evaluate previous to your begin date, together with a request for readability on how you’ll be paid. For instance, if you’re paid by the hour, I’d ask about one of the simplest ways to submit hours spent reviewing the supplies previous to formally being on the clock. This inquiry alone is prone to encourage your new employer to replicate on what truly must be reviewed earlier than you begin versus reviewed as you’re able throughout any gaps in your workday.
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