Interested in more careers-related content? Check out our new weekly Work Life newsletter. Sent every Monday afternoon.
THE QUESTION
I am starting a new job soon. My manager sent me a list of reading materials: guidelines and procedures for my new workplace and told me I should review the materials before my start date. It is a lot of reading and would require at least one full day, if not two, to get through it. I don’t think I should be required to read these materials before I’m officially “on the clock,” but I also don’t want to start this new job on the wrong foot. Can an employer require new hires to do workplace-related reading prior to the start of a contract? What’s the best way for me to push back politely?
THE FIRST ANSWER
Balraj K. Dosanjh, partner and co-practice leader of the labour group, Cavalluzzo LLP, Toronto
Generally, all time spent on work-related tasks should be compensated by your employer and this includes training, orientation and, yes, even mandatory reading before your start date. This right to be paid for any hours you are required to work is enshrined in provincial employment minimum standards legislation. In Ontario, the Employment Standards Act requires employers to pay employees for all hours of work, which includes mandatory training or orientation. The rationale for paid training under the ESA is simple: if you’re doing something that benefits the employer and is required for your job, it’s considered work and work must be paid.
It is important to note there are exceptions, such as when the training is not directed by the employer but completed on the employee’s own initiative. There are also differences across jurisdictions. For example, employees in Quebec may be entitled to compensation for mandatory and voluntary training while in Alberta, unpaid training during the hiring process is permitted in some circumstances. As well, some professions and work experience programs are excluded from the application of certain minimum standards rules, including the requirement to be paid for all hours of work. It is important to review the employment standards legislation in your jurisdiction to ensure you are in a profession that is covered by the legislation and entitled to be paid for any mandatory training or orientation period.
I appreciate that raising this issue with a new employer is tricky. If you feel comfortable, you could ask your manager to confirm that the time spent reviewing the assigned material will be considered working time. Alternatively, you could advise your manager that given the volume of material, you will not be able to review it before you start but will prioritize doing so on your first day.
THE SECOND ANSWER
Lia Moody, associate counsel, HHBG Lawyers, Vancouver
Congratulations on the new job. I generally think that it is a good idea to familiarize yourself with company policies and procedures, as these could form terms of your employment that will be important for you to be aware of. However, whether you read them before you start the job or after, this would be considered “work” under provincial employment standards legislation and, therefore, should be paid. So, to answer your question: yes, an employer can require you to do workplace-related reading prior to the start of a contract but you are entitled to be paid for it.
Given that this sounds like a lot of reading (and, therefore, many hours), I would say as much and ask them to identify those parts of the materials that are the most critical to review prior to your start date, along with a request for clarity on how you will be paid. For example, if you are paid by the hour, I would ask about the best way to submit hours spent reviewing the materials prior to officially being on the clock. This inquiry alone is likely to encourage your new employer to reflect on what actually needs to be reviewed before you start versus reviewed as you are able during any gaps in your workday.
Have a question for our experts? Send an email to NineToFive@globeandmail.com with ‘Nine to Five’ in the subject line. Emails without the correct subject line may not be answered.