This Casual Employment Agreement (the “Agreement”) is made between (“me”, “I” or the “Employee”) and Constructive Labour Solutions Ltd. and/or Agile Staffing, and/or Constructive Labour Solutions (Okanagan) Ltd. and/or Constructive Solutions (Calgary) Ltd. and/or Constructive Solutions (Edmonton) Ltd. and/or Toronto Constructive Solutions Ltd. For the purpose of this document, specifically, to be referred to as the Constructive Solutions Group (CSG).
I understand that I am being engaged by Constructive Solutions (CS) to perform work on a temporary as requested basis and that I have the ability to accept or reject work at my sole discretion.
Whenever I am available for work, I will report to CSG to determine if work is available. I acknowledge that CSG is not required to find work for me or contact me in order to make-work available to me. If I do not report into CSG on any day, CSG. will assume I am unavailable for work that day. If I do report to CSG and am assigned work, the work day will start once I arrive at the assigned work location.
I also understand that after receiving a work assignment I am free and on my own time until the job assignment starts. I will be on time for all job assignments.
I acknowledge and agree that my hourly wage is dependent on the particular client that I am providing services to on any given day. I acknowledge and agree that CSG will have no obligation to pay me for any work unless I have provided CSG with a completed CSG work ticket that has been signed by an authorized signatory of the applicable customer of CSG.
I acknowledge and agree that I will not operate any machinery or tools unless: (a) I am properly trained and certified to operate such machinery; and (b) I have obtained the express permission of CSG.
I acknowledge and agree that I will not comply with requests of the applicable customer of CSG to change tasks that I was instructed by CSG to work on before working at a job site on that particular day without the express permission of CSG.
I agree to notify CSG of any illness or injury that may impact my ability to safely perform my job duties or if I am taking any medications that may impact my ability to safely perform my job duties.
In the event that I have a Repeat Job (a request to return to the same job), I must report my availability to CSG at least one hour before the job starts (dispatchers’ discretion). Should I not report in, CSG may assume that I am unavailable and assign the job to another worker.
Termination: I understand and agree that my entitlements on termination are limited to the minimum entitlements pursuant to the Employment Standards Legislation and I am not entitled to any further notice or payment in lieu of notice in respect of termination of employment, whether at common law or otherwise. For greater certainty, I understand that if I am entitled to no written notice or pay in lieu of notice under the Employment Standards Legislation, including but not limited to by reason of me being employed on as requested temporary basis with the option of accepting or rejecting work, then CSG may terminate my employment without notice or pay in lieu of notice.
Termination For Cause: I acknowledge and agree that CSG may terminate my employment without notice or pay in lieu of notice for just cause, in which case I will receive only my minimum entitlements required by the Employment Standards Legislation.
Termination Without Cause:
Termination for Inactivity. I acknowledge and agree that my employment with CSG will automatically terminate without cause if I do not perform work for CSG Customer for a period of ten (10) consecutive business days (the “Inactivity Period”) and I am not on an approved statutory leave, pursuant to the Employment Standards Legislation or Human Rights Code, during the Inactivity Period ( “Inactivity”). If my employment is terminated for Inactivity, I acknowledge and agree that CSG will provide me with only my minimum entitlement to written notice or pay in lieu of notice required by the Employment Standards Legislation, and any other minimum entitlements required by the Employment Standards Legislation.
Other Without Cause Termination. I acknowledge and agree that CSG may terminate my employment without cause on providing me with only my minimum entitlement to written notice or pay in lieu of notice required by the Employment Standards Legislation, and any other minimum entitlements required by the Employment Standards Legislation.
Employment Standards Minimums. In all circumstances, the Employee will receive the minimum entitlements on termination as required by the Employment Standards Legislation, including but not limited to all accrued and unpaid wages and vacation pay. This termination provision shall be interpreted as intending to comply with all requirements of the Employment Standards Legislation. In the event that this termination provision provides for a benefit or right that is less than a benefit or right required by the Employment Standards Legislation, the minimum benefit or right under the Employment Standards Legislation will prevail.
The Employee covenants and agrees that he/she will observe and comply with all applicable laws, codes and regulations in performing his/her employment duties hereunder. The Employee will indemnify and hold harmless CSG, and their affiliates, agents, independent contractors, directors, officers and employees from and against any and all damages, injuries, claims, demands, actions, liabilities, costs and expenses (including reasonable legal fees) incurred or made against CSG arising from or connected with the Employee’s breach of any covenant herein.
I acknowledge and agree that any and all compensation for hours worked for CSG will be deposited directly to my bank account via e-transfer. Standard CSG payroll frequency is Bi-weekly. CSG offers payroll frequency options of daily or weekly in addition to the standard Bi-weekly payroll frequency, at the employees’ request. I further acknowledge and agree that if I choose to have my payroll compensation issued more frequently than Bi-weekly, I will be subject to a per transaction “convenience fee”. The convenience fee may change from time to time, but will not be less than $2.50 per e-transfer, transaction, deposited directly to my bank account.
I acknowledge and agree that it is a condition of my employment that I have my own transportation to and from each job site. I acknowledge and agree that, in the event I am not able to provide my own transportation to and from a job site, CSG will arrange for transportation to and from the job site for me. I acknowledge that CSG will incur cost in doing so on my behalf, and I hereby consent to CSG deducting $5.25 per, one way trip, from my wages to reimburse CSG for a portion of my personal transportation costs paid by CSG.
The Employee will not: (a) step above the second step of any ladder; (b) work on any scaffolding; or (c) work on any roof or other area elevated more than 4 feet off the ground, without the prior consent of CSG.
This Agreement, the Employment Application and any policies referenced herein constitute the entire agreement between the parties with respect to the subject matter herein and amend, restate and supersede all previous written agreements, understandings, negotiations and discussions, whether oral or written, between the Employee and CSG.
Any notices required or permitted under this Agreement will be in writing and will be sufficient if delivered by hand or sent by mail, courier or email addressed to the Employee as set out on the CSG Application.
All references to statutes will refer to the governing provincial employment standards act of the province in which this agreement was signed. Specifically;
In British Columbia, statutes unless otherwise specified. In particular, any reference in this Agreement to “Employment Standards Legislation” will mean the Employment Standards Act, RSBC 1996, c. 113, and its regulations, as amended, substituted, replaced, or re-enacted from time to time.
In Alberta, statutes unless otherwise specified. In particular, any reference in this Agreement to “Employment Standards Legislation” will mean the Employment Standards Code, RSA 2000,c E – 9 and its regulations, as amended, substituted, replaced, or re-enacted from time to time.
In Ontario, statutes unless otherwise specified. In particular, any reference in this Agreement to “Employment Standards Legislation” will mean the Employment Standards Act, 2000, S.O. 2000, c. 41, and its regulations, as amended, substituted, replaced, or re-enacted from time to time.
If any section, provision, or clause of this Agreement is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, such section, provision, or clause will be severed to the extent of such invalidity, illegality, or unenforceability only, and all remaining sections, provisions, and clauses will remain in full force and effect.
The Employee acknowledges that he/she has carefully read and considered the provisions of this Agreement. THE EMPLOYEE FURTHER ACKNOWLEDGES THAT HE/SHE HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, AND HAS EITHER OBTAINED SUCH INDEPENDENT LEGAL ADVICE WITH REGARD TO THIS AGREEMENT, OR HAS EXPRESSLY DETERMINED NOT TO SEEK SUCH ADVICE.
THE EMPLOYEE CONFIRMS THAT HE/SHE HAS RECEIVED AND COPY OF AND HAS READ THE CONSTRUCTIVE SOLUTIONS GROUP SAFETY HANDBOOK AND AGREES THAT HE/SHE WILL ABIDE BY THE PROVISIONS OF SUCH HANDBOOK AND ALL SAFETY REGULATIONS AND ANY APPLICABLE POLICIES ESTABLISHED BY CSG AND BY APPLICABLE CUSTOMERS OF CSG.
This Agreement will be governed exclusively by and interpreted in accordance with the laws of the specific province in which it was signed. Specifically; British Columbia, Alberta, Ontario, and the federal laws of Canada applicable therein.
