Business Operations Checklist

Transcription

1 Business Operations Checklist Workforce and Candidate Management New Zealand Version (Drafted July 009) This checklist has been developed to assist RCSA Members operating within New Zealand to assess whether they are meeting basic, yet core, compliance obligations and good practice standards in the delivery of employment services such as on-hire, recruitment placement and contracting services. This checklist is not exhaustive, focuses on workforce and candidate management, and is to be used as a starting point only. RCSA Members are advised to obtain independent professional advice in relation to compliance and good practice matters. RCSA can refer a Business Solutions Centre (BSC) service provider to Members to provide further and advice on compliance obligations and good practice. Nothing in this checklist should be taken to constitute legal advice. For the referral of a Business Solutions Centre service provider with industry knowledge and specialisation in the relevant field or discipline, bsc@rcsa.com.au or tick the applicable box below. Checklist completed by: Name of Member firm States and Territories: States and Territories of Operation Checklist completed on: Date of Completion Organisation representative: Name of Firm Representative and Phone Contact: and Phone of Firm Representative Requests for will be forwarded to the RCSA Business Solutions Contact and will result in contact from a BSC Provider. Business Operations Checklist Workforce and Candidate Management

2 Business Operations Checklist Workforce and Candidate Management Are 4 5 Are Accident Compensation YES NO you know which of your workers are covered by the Injury Prevention, Rehabilitation, and Compensation Act 00? you have self-employed workers? If so, do you know what their obligations are under the Injury Prevention, Rehabilitation, and Compensation Act 00? you able to meet all your financial obligations with respect to the calculation and payment of levies under the ACC scheme? you know what your obligations regarding payment of compensation during the first week of an injured emplopyee s absence from work? you aware of the obligations that may be imposed upon you to take all practical steps to assist with an injured employee s vocational rehabilitation in accordance with an Individual Rehabilitation Plan developed for that employee by the ACC? Would you have mechanisms and procedures in place to do so? Quality & Risk Management Systems your firm have a quality management system? your firm have a risk management system? A quality management system is a set of criteria and processes that assist you to assess and define how your business operates. There are generic as well as recruitment-specific quality management systems. A risk management system is a process for the identification, reduction and management of risk associated with the carrying on of your business. Workplace Health & Safety (WH&S) Is your firm aware of all of its WH&S responsibilities and obligations to both in-house employees and on-hired employees, and does your firm have a WH&S management system to facilitate compliance? The Health and Safety in Employment Amendment Act 00 places the primary responsibility on employers to take all practicable steps to ensure the safety of employees while at work. The obligation to provide a safe working environment, is owed to both internal employees and contractors, such as recruitment consultants, as well as on-hired employees and contractors. These obligations are non-delegable and overlap with host firm. WH&S obligations are extensive and there are significant penalties and Director s liabilities for non-compliance. Business Operations Checklist Workforce and Candidate Management

3 Are Where Are 8 Workplace Health & Safety (WH&S) continued YES NO you aware of, and do you know how to access and apply, advisory guidelines and codes of practice published by the Occupational Safety and Health service of the Department of Labour in order to provide specific guidelines for particular industries, processes and hazards? your firm on-hires workers, do you conduct pre-placement assessments of the client s WH&S management system and physically assess the client s workplace and work practices? your firm have a system for providing on-hired workers and in-house employees with WH&S induction training? your firm require clients to obtain authority from you prior to directing one of your on-hired employees to perform new work or work in a new location? your firm engage independent contractors and are you aware of your WH&S obligations to such workers? you carry out a pre-contractual check of potential contractors to ensure that the contractors have their own adequate health and safety compliance programmes and to assess their safety record? your recruitment consultants and other persons responsible for WH&S assessments trained in how to undertake a pre-placement WH&S assessment and undertake risk assessments? your firm regularly assess your WH&S management system to ensure it remains current and compliant with law? All employers are to provide a safe working environment. A pre-placement client safety system assessment and workplace verification walk through is an important way of determining whether you will be placing your on-hired workers into a safe workplace. Employers are responsible for the training and instruction of employees in WH&S, including on-hired employees, and should ensure they are providing a generic induction to employees before the commencement of work. Many workplace injuries arise when a client directs an on-hired employee to perform new work without the authority of the employer and the employer is unable to conduct a risk assessment of the new work. Recruiters have virtually the same obligations to prevent risks to the health and safety of independent contractors as they do to employees. Employers must ensure that representatives carrying out WH&S assessments of client workplaces, and their own workplaces, are trained to perform the function competently and completely. Employers must ensure their WH&S management system remains current and effective. It is recommended that a WH&S management system is reviewed at least once every year. Business Operations Checklist Workforce and Candidate Management

4 Employment Relations YES NO your firm have written individual and/or collective employment agreements to govern the employment of your in-house employees and on-hired employees? your firm have contracts for the engagement of independent contractors? your firm s consultants know how to determine the minimum terms and conditions of employment under legislation for internal and on-hired employees? your firm maintain employment and wage records in accordance with the Employment Relations Act 000 and the Minimum Wage Act 98? you ensure that any deductions from employees wages are appropriately handled in accordance with the Wages Protection Act 98? you charge employees for any services that you provide (e.g. training?) or for obtaining a job with you? Employment agreements are mandatory under the Employment Relations Act 000. Employment agreementsalso define the type of employment being entered in to and provide protection from claims by employees during and following employment and contain mandatory provisions e.g. personal grievance and employment protection provisions. RCSA has a range of template contracts that can be purchased by Members. There is a range of legislation that covers the engagement of independent contractors. The failure to provide employees with the correct terms and conditions of employment can result in significant back pay claims as well as large penalties. There are specific obligations under legislation to collect and maintain records on employment and wages, with penalties for non-compliance. Such records include, but are not limited to, the employee s name; age, if under 0 years of age; postal address; kind of work for which usually employed; contract of employment; classification or designation under the employment contract; hours worked and the days on which the work is done; and the amount paid and the method of calculation. There are specific obligations that limit they type of deductions that can be made and the circumstances in which deductions can be made from employees wages. The Wages Protection Act 98 makes it an offence for an employer to seek or receive any premium in connection with employment regardless of whether it is received from the employee or from some other person. Business Operations Checklist Workforce and Candidate Management 4

5 Equal Employment Opportunity (Discrimination and Harassment) YES NO your firm have policies & procedures for the prevention of unlawful discrimination, sexual harassment and bullying in the workplace? your firm provide training to your in-house employees and on-hired employees on how to prevent unlawful discrimination, sexual harassment and bullying? Legislation prohibits discrimination, sexual harassment and bullying/harassment in the workplace. Employees, including on-hired employees, are increasingly relying on such legislation to make claims against employers. Policies and complaint resolution procedures are important ways of minimising your liability as both a company and an individual. If an in-house employee or on-hired employee alleges discrimination or sexual harassment, you as an employer will be to demonstrate that you trained your employees in the law and appropriate workplace behaviour. RCSA Code for Professional Conduct As a Member of RCSA your firm commits to being bound by the RCSA Code for Professional Conduct. Are you aware of what such a commitment requires of your firm? RCSA s Code for Professional Conduct provides a framework for establishing good professional practice. It is supplemented by professional practice standards and by extensive training, education and Ethics Registrar support. RCSA may impose sanctions and/or specific orders upon a non-compliant Member. Would you like the RCSA to contact you to provide a copy of the Code, details on training or any other on how to comply with the Code? General Insurance your firm have a public liability insurance policy that covers both your recruitment activities and the actions of your on hired workers (including independent contractors)? your firm have a professional indemnity insurance policy that covers both your recruitment activities and the actions of your on hired workers and independent contractors? this policy cover all of your value added services, employment consulting, human resource advice, payroll management etc.? Many public liability policies do not cover the actions of your on hired workers and independent contractors. It is important that you have an insurance policy that reflects the unique business and business risks related to recruitment and on-hired employment Many professional indemnity policies do not cover the actions of your on hired workers and independent contractors and do not take in to account the full scope of services being provided by recruiters.. Business Operations Checklist Workforce and Candidate Management 5

6 General Insurance continued YES NO 4 your firm perform activities outside of New Zealand? your firm ensure that independent contractors have their own insurance policies in place or are you able to extend your policies to cover these entities? The laws of foreign jurisdictions (including Australia) may differ from those of New Zealand in important respects. Different insurance requirements may applyyou should make sure that you are familiar with the laws that apply to your overseas operations. RCSA has developed a checklist similar to this one for use in Australia. Would you like an RCSA BSC provider to contact you to discuss opeations in Australia? As separate legal entities an independent contractor may have to respond to a claim made directly against them. Appropriate checks should be in place to ensure that they have their own insurance policies or that they can be added to your policies. Terms & Conditions of Business your firm have terms and conditions of business to cover all of the services you will be providing to clients? your firm intend to use the RCSA s template terms of business for on-hired employee services? your firm obtain legal advice when negotiating contracts with clients/host employers which are not your standard terms? When you provide services to your clients you will be entering in to a contractual relationship. If you don t have written terms and conditions of business that have been appropriately drafted for all types of service it may be difficult to enforce the contract in the event of a dispute over fees and other conditions of service. Would you like an RCSA BSC Provider to contact you to discuss the options available in relation to the establishment of suitable terms and conditions of business? RCSA provides Members with a range of contract, policy and workforce management templates as part of their Corporate membership package. It is very important that you obtain appropriate advice on service contracts that your client asks you to sign because many of them contain hold harmless clauses and indemnity provisions that may interact adversely with your insurance arrangements. Business Operations Checklist Workforce and Candidate Management 6

7 Privacy YES NO Is your firm aware of your obligations as a recruiter under privacy law and privacy principles? There are various obligations for most firms under privacy law including the obligation to have and make available a collection statement containing certain in accordance with privacy principles, and make available in line with privacy principles (non-exhaustive). Substantial remedies apply for non-compliance with privacy law. Superannuation/KiwiSaver your firm make superannuation/kiwisaver contributions on behalf of all eligible employees? Employers are obliged to make contributions on behalf of elgible employees who have been enrolled (or opted in) to a KiwiSaver scheme. You will need to know the arrangements for automatic enrolment and opting in/out of KiwiSaver. Immigration Employing and Referring Foreign Workers your firm verify whether candidates for employment by your firm or referral to clients are lawfully entitled to work in New Zealand. It is a criminal offence to knowingly employ an unlawful resident. Immigration policy changes regularly and it is im[ortant to obtain advice from a person qualified and lawfully able to give it. The immigration section of your local Department of Labour can provide further on immigration requirements. Recruitment Processes your firm have a process or checklist to ensure that you have genuine authority to recruit on behalf of a client? your firm have a process for the completion of lawful and ethical reference checks? It is very important that RCSA Members do not advertise a job on behalf of a client, or represent that they have authority to recruit on behalf of a third party, when such authority has not been genuinely obtained. A firm s failure to lawfully and ethically conduct reference checking may, amongst other things, result in claims of negligence, false and misleading representation and a breach of the RCSA Code. It is very important that a recruitment firm complete this core function correctly. Business Operations Checklist Workforce and Candidate Management 7

8 and Internet Use YES NO your firm have a policy to guide employee and contractor use of and internet? The use of and internet is an integral part of many work arrangements and it is important that a business clearly outlines to employees and contractors what is acceptable and what is not. The absence of a clear policy on and internet use will limit a business capacity to discipline an employee for inappropriate use. Policies and Procedures There are a range of additional policies and procedures that your firm may wish to consider implementing. Whilst policies and procedures are an effective way of reinforcing workplace standards and aiding workforce management they must be carefully written as they may also impose additional obligations on your business. Policies should only be used where they are regularly reviewed and updated and most importantly, are complied with by the firm and understood by employees and contractors. A stale policy or procedure can be counter-productive. A consolidated list of Policies and Procedures that your firm may wish to consider implementing includes (alphabetical order): have need Alcohol & Other Drugs at Work Policy Anti-Bullying & Workplace Violence Policy* Anti-Discrimination and Harassment (EEO) Policy* Child and Elder Care Company Code of Conduct Discrimination and Harassment Complaints Resolution Procedure* & Internet Use Policy* Leave Policy Mobile Phone Use Policy New Worker Induction Procedure Paid & Supplementary Parental Leave Policy Performance and Conduct Management Policy Privacy Policy* Private Health Insurance Arrangements Policy Recruitment Policy Redundancy Policy Reference Checking Policy Remuneration Policy Return to Work & Rehabilitation Policy* Security Policy Smoke-Free Workplace Policy Staff Education Funding Policy WH&S Issue Resolution Procedure (OHS and Bullying)* WH&S Policy* Workforce Monitoring Policy * Priority policies and procedures Business Operations Checklist Workforce and Candidate Management 8

9 PRIORITY POLICIES AND PROCEDURES CONTINUED have need 6. Workforce Training Policy 7. Workforce Travel Policy 8. Work-Life Balance Policy 9. Workplace Diversity Policy 0. Workplace Dress Standards Policy Training A consolidated list of Training that your firm may wish to consider providing to in-house and on-hired employees and contractors includes (alphabetical order): On-Hired Workers have need. WH&SInduction Training (generic and position-based)*.. WH&STask-Specific Training (assignment specific, commonly provided by client)* Preventing Discrimination & Harassment (EEO) Induction Training* 4. Task-Specific Competency Training (assignment specific, commonly provided by client) In-House Employees & Management have need Preventing Discrimination & Harassment (EEO) Training* EEO Contact Officer Training Determining Conditions of Employment Training* Return to Work Management Training WH&Sfor Directors and Senior Management Training* WH&SManagement Systems Training Recruiter OHS Awareness Training Wh&S On-Hire Client Pre-Placement Assessment Training (On-Hire)* Managing Privacy Training* RCSA Code for Professional ConductTraining* Employment Contracts Management Training Client Service Contracts Management Training Minimising On-Hired Employee Complaints Training (On-Hire) WH&S Representatives Training Introduction to Recruitment Fundamentals Training * Priority policies and procedures Business Operations Checklist Workforce and Candidate Management 9