Legal Aspects to Consider when Hiring Workers Returning to School

As we head into the Fall, it’s a popular time to gear up and transition back to school. With this, the challenge now is to hire workers who want flexibility. 

On top of that, you’ll also need to make sure that you’re navigating any legal complexities with confidence and proper due diligence. From determining whether to hire full-time or part-time employees to understanding regional labour laws, this guide will help you navigate some of these complexities more easily.

Table of Contents

• Determine if You’re Hiring Full Time or Part Time
• Follow Proper Applicant Review and Hiring Laws
• Consider Any Regional Labor Laws
• Final Thoughts

Determine if You’re Hiring Full Time or Part Time

Importance of Hiring Full-Time vs. Part-Time

If you need to hire workers who are heading back to school, deciding how you’ll schedule staff with full and part-time positions is important. Not only to fulfil your customers demands, but also for the potential legal implications involved. 

Legal Implications

Full-time positions often come with comprehensive benefits, statutory holidays, and require more commitment, which may not align with the needs of students who may only be available part-time. On the other hand, part-time roles offer flexibility but may impact your workforce’s overall availability and continuity.

In Canada, the distinction between full-time and part-time employees affects several legal aspects. For example, if someone is working full-time but requests to have a flexible work arrangement to adjust shift hours for back to school work, they do have the right to make this request. While this type of request doesn’t have to be fully obliged, understanding the rights different workers have is crucial. 

Or, if you have full-time summer staff going to part-time in the fall for school, make sure they aren’t scheduled shifts for more than 30 hours. 

Payroll and Taxes

Full-time employees usually have higher income tax withholdings compared to part-time employees. On top of that, contributions to Employment Insurance (EI) and Canada Pension Plan (CPP) may differ based on hours worked. It’s best to verify that contributions align with the hours worked and type of employment in your payroll systems. 

It’s important to make sure that your payroll systems are adjusted accordingly to reflect these differences. The last thing you want is manual time clock sheets being misentered or going missing, leading to part-time workers with additional tax withheld. 

Collective Agreements

In certain circumstances, if there is a union collective agreement, there may be specific labour laws that do not apply or are adjusted to fit the collective agreement in place.

We recommend engaging with union representatives early in the hiring process to understand the specific terms of the agreement that may apply to student workers.

Follow Proper Applicant Review and Hiring Laws

In addition to managing important labour laws and details when they are working, there are also a bunch of other laws to consider when hiring people who are heading back to school.

Fair Hiring Practices

Once you’ve decided on how many full-time and part-time workers you’ll need, and how that arrangement will work within your business, it’s important to follow fair hiring practices. 

These hiring practices are often backed by strong laws and regulations like the Canadian Human Rights Act and provincial human rights codes, which prohibit discrimination in employment practices.

Some fair hiring practices include:

• Ensure equal opportunity employment;
• Use bias-free job descriptions;
• Provide clear job postings;
• Use standardised interview questions;
• Ensure accessible job applications;
• Offer reasonable accommodations during the interview process;
• Ensure confidentiality of candidate information;
• Treat all candidates with respect and fairness.

Job Descriptions and Contracts

Next, it’s going to be important to clearly define job roles and responsibilities in job descriptions and employment contracts. 

Ideally, list the shift’s hours on the job description so you receive much more qualified candidates for the job. 

In many instances, if an employee is hired for a specific role with responsibilities outlined in the corresponding job description, their duties and tasks at work must align with that.

If the jobs themselves are seasonal in nature, the contracts also need to be clear about the temporary nature of the role. Along with any benefits or entitlements associated with it.

Working with International Students

If you’re hiring international students or others with a specific visa type, it’s important to review the permit and ensure you’re in compliance to employ that individual. Students are generally allowed to work up to 20 hours per week during regular academic sessions and full-time during scheduled breaks, such as summer or winter holidays.

Recommended Reading: 28 Fun Pre-Screening Interview Questions for Shift Workers

Consider Any Regional Labor Laws

Canadian labour laws can vary significantly across provinces and territories. Here are some key regional considerations:

Breaks and Time Off

Each province has specific regulations regarding breaks, meal periods, and time off. For instance, in almost all provinces, employees are entitled to a 30-minute meal break if their shift exceeds 5 hours.

Minimum Wage and Overtime

In Canada, minimum wage and overtime laws vary by province and territory. Each region sets its own minimum wage rate, which can range significantly. For instance, as of 2024, Ontario’s general minimum wage is $16.55 per hour, while British Columbia’s is $17.40 per hour. Employers must ensure they are paying at least the minimum wage and you’ll also need to be aware of different rates that may apply to specific categories of workers. Which can include servers or employees with disabilities.

Overtime laws also differ across provinces. Typically, overtime is paid at a rate of 1.5 times the employee’s regular hourly wage. In Ontario, overtime pay applies after 44 hours of work in a week, whereas in British Columbia, it applies after 8 hours in a day or 40 hours in a week. Alberta follows a similar model, with overtime payable after 8 hours a day or 44 hours a week. 

Additionally, unionised workplaces may have specific overtime provisions outlined in collective agreements that could differ from provincial standards.

Recommended Reading: How to Calculate Overtime Hours | Examples and Tips

Other Major Workforce Management Considerations

To make compliance easy across all these labour laws and requirements, it’s important to consider the other workforce management duties. That way, you can easily navigate through all these legal aspects when hiring seasonal staff. 

Collect & Understand Staff Availability

First, it’s important to encourage your student workers to update their availability regularly. Particularly at the beginning of new academic terms or before exam periods. Use surveys or workforce mobile communication apps to streamline this process.

Open Communication in the Workplace

Maintain open communication channels, such as dedicated messaging apps or email groups, to facilitate quick updates on availability and scheduling changes. Gone are the days of paper schedules that don’t respect workers time and privacy.

Shift & Schedule Flexibility With Ease

Offer flexible scheduling options that accommodate students’ academic commitments. It’s best to use a software to help manage this to ensure that part-time or student workers are always in compliance with important labour laws like hours worked or break times.

Once you have software in place, you can easily implement shift-swapping that allows student workers to exchange shifts easily with colleagues. Clocks-ins and clock-outs can easily be synced with payroll systems to match scheduling and work times with payroll.

This will save you time and make sure you’re aligned with labour laws and the business is always staffed correctly.

Maintain Proper Records

Lastly, keep proper records of student workers’ schedules, hours worked, and any changes in availability. This helps ensure compliance with labour laws and can protect against potential disputes.

Final Thoughts

While there are many legal aspects to consider when hiring students and seasonal changes, embracing these changes with actionable steps will keep the business thriving. 

Sometimes staff may come back once they are educated, adding more value to your company. Or you gain further flexibility when someone goes back to school and requests part-time work. Allowing you to hire another part-time helper that reduces the need for more benefits and overtime of full-time employees.

Overall, you can see that there are labour laws and other legal aspects you need to keep top of mind. By addressing these legal and workforce management considerations, you can create a positive environment for student workers, benefiting both the business and the employees.