Textbook Notes (368,795)
Canada (162,165)
Business (63)
BUS 3000 (15)
Chapter 2

HR Chapter 2

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BUS 3000
Nita Chhinzer

CHAPTER 2 THE CHANGING LEGAL EMPHASISThe Legal Framework for Employment Law in Canada y In Canada the primary responsibility for employmentrelated laws resides in the provinces and territories Provincialterritorial employs 90 of workers federal employs 10 y The legal framework for employment includes constitutional law charter of rights and freedoms acts of parliament common law and contract law These laws impose specific requirements and constraints on management policies procedures and practises y Regulations legally binding rules established by the special regulatory bodies created to enforce compliance with the law and aid in its interpretation human rights commissions and ministries of labourEmploymentLabour Standards Legislation y laws present in every Canadian jurisdiction that establish minimum employee entitlements and set a limit on the maximum number of house of work permitted per day or week all employees in Canada are covered y these laws establish minimum employee entitlements pertaining to wages paid holidays and vacations leave for some mix of maternity parenting and adoption bereavement leave compassionate care leave termination notice and overtime pay y set the max of house of work permitted per dayweek y Canada has legislation incorporating the principle of equal pay for equal work which specifies that an employer cannot pay male and female workers differently if they are performing the same or substantially similar work pay diff based on valid merit or seniority ARE permittedLegislation Protecting Human Rights y Makes it illegal to discriminate even unintentionally against various groups Reactive compliantdriven in nature the focus of such legislation is on the types of acts in which employers should NOT engage 1 The charter of rights and freedoms federal legislation that is the corner stone of human rights 2 Human rights legislation which is present in every jurisdictionThe Charter of Rights and Freedoms y Federal law enacted in 1982 that guarantees fundamental freedoms to all Canadians y Applies to the actions of all levels of government federal provincialterritorial and municipal and agencies under their jurisdiction y The charter takes precedence over all other law which means that all legislation must meet charter standards y Two notable exceptionso allows laws to infringe on charter of rights if they can be demonstrably justified as reasonable limits in a free and democratic society o when a legislative body invokes the notwithstanding provision which allows the legislation to be exempted from challenge under the CharterThe charter provides the following fundamental rights and freedoms to every Canadian 1 freedom of conscience and religion 2 freedom of thought belief opinion and expression including freedom of the press and other media of communication
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