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Law - Employment Law

Chapter 19
by

Elizabeth Rumney

on 31 May 2013

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Transcript of Law - Employment Law

Age Requirements: Minimum Wage: Work Hours: Holidays/Vacation: Leave of Absence: Termination and Dismissal: Employment Rights Unions & Independent Contractors Employment Relationships Terms For Dismissal -Must give notice.

-Employer must give notice when dismissing an employee without cause

-An employer can dismiss the employee immediately, without pay. must give termination pay.

-A cause for termination can include any breech of the employee's common law priorities.

-Employee can sue for wrongful dismissal if dismissed without proper cause or notice

-An employee who has been dismissed with proper cause is NOT entitled to receive termination pay Jackson, Dylan, Jamie, Josh & Elizabeth Chapter 19 all employment relationships are based on contracts EMPLOYEE-EMPLOYER RELATIONSHIP a person who is hired to work under someone's directions
to work for specific hours
usually at the employers workplace and using employers equipment
70% of contracts are discussed between employer and employee
terms in these contract include:
whether the job is permanent or for a limited time only
rate of pay, work hours, holidays, and benefits
benefits include medical insurance, dental insurance, life insurance and pension plan
cost of benefits are either partially or fully paid by employer
the remaining 30% of contracts are discussed between employers and unions Discrimination INDEPENDENT CONTRACT Jackson someone who is hired by a business or a person to do a specific job
they establish their own work hours, supply their own equipment, and are self-directed
they are not covered by the employment law STATUTE LAW Employment Law statute law is legislation that has been passed by government establishing basic employment standards
statute law sets minimums for wages, work hours, overtime, and vacation pay
employment legislation also sets standards for occupational safety
all employment contracts must meet the minimums set by these standards Employment Rights Unions And Independent Contractors - Neglecting to hire, pay equal wages, or treat employees equally in the workplace
- Based on race, gender, religion, sexual orientation, political views, etc.
- During interviews, potential employees cannot be asked about these things
- In some situations, discrimination is allowed under the human rights legislation, if the requirement is reasonable
- This is called Bona Fide Occupational Requirement
- If the requirement has some sort of negative impact on a social group, it's called Adverse Effect Discrimination Pros Pros Cons 14 years of age to work at a company
16 years old for full time employment. Unions Independent Cons Terms For Dismissal Protection
Medical & Dental Benefits
Percentage of Pay regardless of strike
More Equality
Job Security
Boosts Economy Discrimination Recap $10.25 for adult workers
$9.60 for student workers
Pay must be in cash, cheque, or electric deposit
It's illegal for the employer to pay the employe in products or services against the employes will. Only 80% Yes vote required for change
Possible Limitations for job Locations
No Choice in strike, if Union strikes you Strike
Union Dues Pros & Cons What's A Union? Terms To Learn
Collection bargaining
Collective Agreement
Certification
Shop Steward
Grievance
Bargain In Good Faith
Binding Arbitration
Wildcat strike
Boycott
Work To Rule
Lockout Group of like minded people/workers who come together to bargain against company management over wages, benefits, hours etc. Leave of Absence- time granted away from work for a special period and purpose; types include maternity, parental, and adoption leaves Wrongful Dismissal- an end of employment forced by the employer and without either just cause of reasonable notice
Constructive Dismissal- the termination of employment in which the employers actions pressure the employee into resigning What's an Independent Contractor? Bona Fide Occupational Requirement-a requirement of a job; a possible defense against unfair discrimination in hiring and other employment situation
Duty to Accommodate- the legal obligations to counter the effects of adverse effect discrimination
Adverse Effect Discrimination-actions that appear neutral but intentionally or unintentionally discriminate against a group Employment Relationship -wheather or not the job is permanent
-rate of pay
-work hours
-holidays
and benefits Claim Valid business expenses to lower taxable income
Work From home
Freedom in Work Hours
Charge more per hour No safety net
without paying clients you will not be able to collect Employment Insurance (EI) benefits. Connection to the Big Idea COMMON LAW common law is the basic duties of employer and employee in an employment contract
the employer must:
pay agreed wage or salary and pay agreed employee expenses
provide safe workplace
provide the work the employee was hired to do
honour terms of contract
the employee can sue if the employer fails to follow these duties
the employee must:
be punctual and only take permitted leaves of absence
obey orders
be loyal, honest, and competent The employment relationship shows the big ideas of the course. It shows fairness as the employer and employee can talk about the contract together. This gives the employee a chance to agree or disagree to the contract on whether they find it to be fair. It also gives them a chance to add or remove things in order for it to be fair. As well the employment relationship shows Canada pushing for equality as there are minimums set that must be followed in order for equality be meet as much as possible.This shows that Canada is trying to make employment equal as possible. Finally there is justice. The employee is allowed to sue if their employer is not following the contract and if they are being treated unfairly. This shows that if there is any mistreatment to the employee they will receive their justice. Therefore, the employment relationship shows that Canada has equality fairness and justice. Collection Bargaining- negotiation done by a union on behave of all its members concerning wages, hours, and other conditions of employment
Collective Agreement-the contract resulting from collective bargaining
Certification- official recognition of a union to represent an employer from the labour relations board
StewardShop - a person nominated to represent a department or division of a union
Grievance-a work related complaint made by an employee, union, or management when the collective agreement is not followed.
Bargain In Good Faith- to negotiate with the goal of reaching an agreement
Binding Arbitration- neural third party hears both sides and makes final decision
Wildcat strike- an illegal refusal to work
Boycott- an organized effort to put pressure on a business or industry by encouraging others not to buy its products or services
Work To Rule-a job action in which employees meet any minimum work requirements to pressure an employer to settle a dispute in their favor
Lockout- an employers refusal to open the workplace to the employees Important Terms An independent contractor contracts with an employer to do a particular piece of work. This working relationship is a flexible one that provides benefits to both the worker and the employer The standard work hours for full a time position is 40 hours a week
Usually 8 hour shifts for five days in a week.
In Canada overtime starts after 44 hours
The employee is then paid extra, usually 50-100% more per hour
The employee will receive at least 3 hours worth of pay per shift
The maximum amount of time a person can work in a day is 13 hours All full time employees are allowed to take statutory and provincial holidays off with pay
Part-time employees are entitled to the day off work with partial pay on statutory holidays
One day off work must be given in a week (usually Sunday)
2 weeks of vacation time is usually given to full time employees unless otherwise specified
Vacation pay is calculated as 4% of the persons salary but can go much higher Leaves of Absence include Maternity, Parental and Adoption leave
Maternity is for the mother that's having the baby and lasts 17-18 weeks
Parental leave can be used by either parent and lasts 35 weeks
Adoption leave is the same as Parental leave but applies to parents who have adopted their child. Employee must give a two week notice before resigning or quitting
Employer must give 1-8 week notice before dismissing the employe without cause
An employee who is dismissed without notice or reason can bring in action for wrongful dismissal
Constructive dismissal is when an employer makes the work environment for an employ difficult and forces them to resign
Both Constrictive and Wrongful dismissal can go to court for compensation Health and Safety: The employee must be in a safe work environment
The employee may refuse to work in an unsafe environment without fear of being fired
The employees must receive WHIMS training The Big Idea The Big Idea of the Course is to question, Do the laws of our Country, reflect the values of society? Looking at Employment Law, specifically Unions and Independent Contractors I saw that there was a connection between Law and Our Societies Values. Unions reflect our societies value, of Equality. In a union, a woman will earn about 94% of wages a man makes, without a union, she will make an average of 79% (parl.gc.ca). This Chapter of Employment law also reflects our Country's value of Fairness. Being unionized allows employees to have a say in their wages, fair treatment, and allows the medical benefits making them equal to their other co-workers, or workers of the same trade/occupation. The independent contractors allow the employers to have flexible hours and more say in how their company and occupational career is carried out. Free to make their own decisions, they are achieving fairness. Employment Relationship Questions 1. What are some terms that a contract must include?
2. What are the two laws that effect employment relationship? Unions & Independent Contractors 1. Name one advantage to Unions

2. As an independent contractor, What's one disadvantage Employment Rights 1. Can part time employes take off statutory holidays? Terms for Dismissal 1.
2. Discrimination 1.What do you need for discrimination to be allowed?
2.What is Adverse Effect Discrimination? 2. How long does parental leave last? Who can take it? 3. How many weeks in advance does an employee need to notify the employer that he/she is quitting ? what are some bases for dissal what can you sue for
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