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The Employment Contract
When you
signed your application form, employment contract and agreed to become
an employee, you entered into a contractual arrangement with the Board
called an Employment Contract. This contract is important to you and the
Board because it legally binds your employment to the Board and the
Board to you. This is not to say that you couldn't look for other work
if dissatisfied, it only means that while employed with the Board, both
the Board and you have agreed to abide by a number of specific, binding
arrangements.
Falling under the general heading of Contract Law, the Employment
Contract lets you know what you can expect from the Board as well as
what the Board can expect from you. As an example, you can expect to be
paid according to the compensation programs of the Board, you can expect
to receive the health benefits the Board offers as well as to be
provided wage increases at set out by Policy. The Board, on the other
hand, has the right to expect: regular attendance with the exception of
authorized absences, your best effort at work and for you to be loyal
while in the employ of the Board. This is not a comprehensive list but
it gives you a sense of what you can expect and what is expected of you.
Your Employment Contract with the Board is not just a list of mutual
expectations. Provincial Legislation and your Collective Agreement have
served to amend the obligations the Board has to you and you to the
Board.
Provincial Legislation has served to amend the Employment Contract by
adding further obligations onto the Board. As an example, legislation
has been created to ensure that employees work in a safe environment,
are able to work free from harassment and/or discrimination, or are not
terminated improperly or if they are then they receive severance pay to
compensate for the improper termination. Provincial Legislation, in some
cases, can dictate the qualifications required for a specific position.
As an example, according to the School Act
http://www.qp.gov.ab.ca/Documents/acts/S03.CFM, teachers must have a
provincial teaching certificate in order to teach. As well, teachers are
also obligated to teach in a competent manner.
It is important for you to know that you cannot waive your rights
under legislation. It is illegal to both offer and for you to accept an
agreement with the Board that violates any piece of applicable
legislation. As an example, you may not agree to waive your rights to be
accommodated if you are injured at work.
A short list of applicable legislation that affects the Employment
Contracts includes:
The Collective Agreement (if you are a member) has also served to
amend your Employment Contract. Your Union /Association has negotiated
modifications to your Employment Contract in areas such as the length of
your workday, how the Employment Contract may be terminated and how
differences with the Board may be processed (grievance procedure). Your
Union/ Association has the opportunity to further amend your Employment
Contract each time the Collective Agreement expires.
Your Employment Contract binds you to the Board and the Board to you
until one or the other decides that the relationship is no longer
mutually beneficial. It is at that point that you may provide
appropriate notice to the Board of your decision to resign from your
position. The Board requires notice consistent with your position.
Appropriate notice ranges from a minimum of two weeks to as much as an
individual feels they can provide.
Terms and Conditions of Employment
As part of your Employment Contract, the Board requires that you
understand and comply with the Terms and Conditions the Board feels are
essential in their maintenance of educational operations. It is
important for you to know that failure to comply with the following
Terms and Conditions of Employment could result in disciplinary action
up to and including discharge. Many of these Terms were outlined to you
in your recruitment and orientation process. Others have been made
available to you by way of postings. Please read these carefully. Please
see your Supervisor or call Human Resources for clarification on any of
these.
Policies and Procedures
The School Board has a number of Policies and Procedures that all
employees are required to follow.
The Work Day
The length of your workday is determined by a combination of the
daily hours of work as directed by the Board, the needs of the position
and the Collective Agreement where applicable. The length of the day is
not at all related to the importance of the position or the employee
group. As an example, a Teacher Assistant may work a 6-hour day for no
reason other than that's the length of the school day. It bears no
resemblance to the very important work that these people perform.
As well, the length of your workday depends on your full time/part
time status. A full time employee is required to work the entire workday
- whether it be 7 or 8 hours. A part time employee is only required to
work their equivalent. As an example, a .5 employee is only required to
work one half (.5) the time that full time employees of the same
employee group.
The length of the workday is outlined in
the Collective Agreements.
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