2-2 The Legal Background of HRM Flashcards
What are the two distinct sets of laws in Canada, and how do they differ?
Canada has federal and provincial/territorial laws.
Federal laws apply to everyone in Canada, while provincial/territorial laws govern specific areas like driver’s licenses and employment standards.
What types of laws, beyond employment laws, impact human resource management?
Common law (trust in employee-employer relationships), contract law (fee-for-service agreements), and statutory law (minimum wages, holidays, etc.).
How many jurisdictions exist in Canada, and what does this mean for employment law?
There are 14 jurisdictions, each with its own set of laws governing employment standards, human rights, labour relations, and worker health and safety.
What percentage of Canadian workers are covered by federal legislation, and who are they?
About 10% of workers, including those in federal government departments, Crown corporations, banks, airlines, railways, and federal communications companies.
What types of businesses are typically covered by provincial legislation?
Most private businesses like local stores (e.g., 7-Eleven, McDonald’s, Canadian Tire, Walmart) are covered under provincial legislation.
Why do employment standards and human rights laws vary across provinces and territories?
Differences exist due to jurisdictional autonomy.
For example, minimum wage and vacation entitlements, as well as employment equity and pay equity laws, differ across provinces.
What are Employment Insurance (EI) and the Canada Pension Plan (CPP), and who do they cover?
EI provides wage support for job loss, and CPP provides retirement pensions.
These apply to all employers and employees, not just federal employees. Québec has a similar plan called the Québec Pension Plan (QPP).
What recent changes to Employment Insurance (EI) impact human resources practices?
Compassionate care benefits allow employees to care for gravely ill family members.
Parental leave has been extended to 78 weeks, which can be used by either parent or shared.
Why is employment legislation significant for start-ups as well as mature companies?
Start-ups often interact with employment standards legislation, which provides basic employment conditions essential for establishing workplace practices.
What are the two basic employment laws for federally regulated companies in Canada?
The Canada Labour Code and the Canadian Human Rights Act.
What does the Canada Labour Code cover, and who administers it?
It covers basic employment conditions, labour relations, and health and safety in the federal sector.
It is administered by the Canada Industrial Relations Board.
What does the Canadian Human Rights Act address, and who administers it?
It addresses discrimination and harassment in federally regulated sectors and is administered by the Canadian Human Rights Commission.
What is the Genetic Non-Discrimination Act, and what does it protect against?
It protects individuals with genetic predispositions to certain diseases from discrimination, such as being denied employment or health benefits.
What are the two primary privacy laws affecting employee information in Canada?
The Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial legislation commonly called the Personal Information Privacy Act.
What restrictions do privacy laws place on the use of employee information?
Organizations can only collect and use personal information (e.g., SIN) for its disclosed and intended purpose.
Written consent is required to disclose personal information.
