INTRODUCTION
"Contract
Employment" is an increasingly common term used in businesses
of all types and sizes for the engagement of an individual to provide
personal services to the organization. For many APEGGA individual
members or organizations, there has been confusion or misunderstanding
of the roles and responsibilities of the employee/employer when employment
details involve more of an "arm's length" relationship than
the traditional salaried employee approach.
The
nature of operating economics for private and public business organizations
is to reduce and control employment liability costs which are most
often the major operating expenditure. In response to this business
decision, individual professionals face a range of re-employment
conditions with variable duration, remuneration structure, benefit
program and termination clauses in a more documented contractual
arrangement. Equally important, in a contractual employment situation,
there will likely be subtle and/or distinct changes in the administration
and methods in which the professional services are utilized within
the organization. The individual needs to understand and negotiate
the most appropriate business and professional terms to satisfy
both individual and employer needs and obligations.
While
all employees should have a clear understanding and description
of their responsibilities to the employer, issues such as scope
of services, supervision, confidentiality, professional liability
and organizational integration have fewer traditional procedures
when the employee is hired "differently" from "our
regular employees". In addition, items including payroll, taxation,
Workers Compensation, Employment Insurance and liability insurance
coverage can be distinctly different, particularly where the APEGGA
member has more than one employer. The primary objective of this
guideline is to provide clarity for the individual on his/her professional
practices as a member of APEGGA. The guideline will also benefit
organizations employing professionals to better define and address
issues inherent in having several "classes" of employees
or service contractors.
The
guideline is divided into two sections. The first section outlines
those issues which can impact the member's ability to provide a
high quality professional service and should be the focus of discussions
with the employer prior to commencing work. The checklist approach
with statements on these engagement issues include references to
appropriate APEGGA Guidelines. Above all, it is the individual who
is accountable for adherence to the APEGGA
Code of Ethics and other conduct and practice requirements of
APEGGA membership.
The
second section provides a brief overview of the common terms of
engaging professional services and presents definitions of "contract
of services and "contract for services", as it applies
to the business relationship between employee and employer. Reference
is made to liability and taxation situations which should be considered
in order to arrange a sound and responsible business contract of
employment.
References
to appropriate APEGGA documents and the topics discussed herein
are presented and cross-referenced in Appendix
A. For an individual engaged in, or considering, contract employment,
a singular essential reading is APEGGA
Professional Practice - A Guideline.
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