Chapter 2 Changing Legal Emphasis Compliance and Impact on Canadian Workplaces
Chapter 2: The Changing Legal Emphasis Compliance and Impact on Canadian Workplaces
THE LEGAL FRAMEWORK FOR EMPLOYMENT LAW IN CANADA
While HR professionals are expected to provide guidance, training, programs and policy developments that are legally defensible, the actions of supervisors and managers as agents of the organization must also abide by legislated rules and regulations
There are informal and formal expectations between the employee and employer. Informal expectations are difficult to manage and correct if one feels that the other has violated the expectations. Thus, the influence of formal expectations (legislation) is important in workplace.
Main goal of employment legislation in Canada = prevent employers from exploiting paid workers
Canadian employment legislation is modelled on the US National Labor Relations Act with 3 changes:
1) Canadian population is more inclined to accept & expect government-mandated regulations about organizational activities, since Canadians are more receptive to governmental intervention.
2) In the US, the historical notion of “employment at will” allowed either employee or employer to break relationship with no liability as long as no autonomous employment contract exists and workers are not represented by a collective bargaining unit. In Canada, employers may terminate employment with no reason as long as there’s reasonable notice. In return, the worker is allowed to quit, strike, or leave the job without penalty, provided they align with appropriate legislation.
3) US employment legislation model is centralized, but the primary responsibility for employment laws resides with the provinces/territories in Canada. Provincial/territorial employment laws govern 90% of Canadian workers. The other 10% governed by federal employment legislation. Thus, there are 14 jurisdictions (10 provinces, 3 territories, and Canada entirely) for employment law.
Company with workers in different provinces/territories must monitor legislation
THE LEGAL FRAMEWORK FOR EMPLOYMENT LAW IN CANADA
While HR professionals are expected to provide guidance, training, programs and policy developments that are legally defensible, the actions of supervisors and managers as agents of the organization must also abide by legislated rules and regulations
There are informal and formal expectations between the employee and employer. Informal expectations are difficult to manage and correct if one feels that the other has violated the expectations. Thus, the influence of formal expectations (legislation) is important in workplace.
Main goal of employment legislation in Canada = prevent employers from exploiting paid workers
Canadian employment legislation is modelled on the US National Labor Relations Act with 3 changes:
1) Canadian population is more inclined to accept & expect government-mandated regulations about organizational activities, since Canadians are more receptive to governmental intervention.
2) In the US, the historical notion of “employment at will” allowed either employee or employer to break relationship with no liability as long as no autonomous employment contract exists and workers are not represented by a collective bargaining unit. In Canada, employers may terminate employment with no reason as long as there’s reasonable notice. In return, the worker is allowed to quit, strike, or leave the job without penalty, provided they align with appropriate legislation.
3) US employment legislation model is centralized, but the primary responsibility for employment laws resides with the provinces/territories in Canada. Provincial/territorial employment laws govern 90% of Canadian workers. The other 10% governed by federal employment legislation. Thus, there are 14 jurisdictions (10 provinces, 3 territories, and Canada entirely) for employment law.
Company with workers in different provinces/territories must monitor legislation