Class 2 : MANAGING INDIVIDUAL EMPLOYMENT RELATIONSHIPS Flashcards
True or false : 90% of the Canadian labor force is subject to provincial laws and 10% to federal laws.
true
true or false : Labor legislation is a myriad of laws applied to the labour field, with 13 laws.
true
Associate the law and reference with the purpose of the law :
- Charter of human rights and freedoms
- Labor Code
- Pay equity act
- act respecting labor standard
a. sets minimum labor standards and grants employees recourse in the case of dismissal
b. deals with collective working relationships
c. states fundamental rights and freedoms and sets anti discrimination standards in the labour field
d. corrects the wage gap created by systematic discrimination based on gender against people who occupy predominantly female job classes
1 with c
2 with b
3 with d
4 with a
What is that called :
A ____ by which a person - the employee - undertakes for a limited period to do work for remuneration, according to the instructions and under the direction or control of another person - the employer
emplacement contract
word : contract
Can the contract be verbal too?
Can the contract have no “end” ?
yes
Yes, if there is no experation date, it needs a “reasonable notice of termination”
Manager’s obligation :
Is it to protect health and ___?
To allow performance of the work and ___ for it?
To preserve the ____ of the employee?
yes (safety)
yes (pay)
yes (dignity)
Employee’S obligation :
perform ___ under supervision and control of the employer
Carry out ___ with prudence and diligence
Demonstratie discretion, loyalty and act ____
- work
- work
- faithfully
What does CNESST “preserve”?
labour standards
pay equity
health and safetey
which of these things does the “Labor standards Act” work for ?
- salary
- self employed workers
- paid vacations
- rest period
- sickness
- interns
- parental leaves
- self employed workers
- work contract
- psychological harassement
- overtime
- senior management
- salary
- ONLY vacations
- rest period
- parental leave
- sickness
- psycho harass
exceptions : - interns - self employed workers - self employed workers senior management
What is this?
- resignation
- mutual agreement
- dismissal (notion of constructive dismissal)
- permanent layoff or temporary
Termination of an employee / employer relationship
Quebec charter of human rights and freedoms :
- fundamental rights : every person has the right to be treated _____
- forbids discrimination exept if :
- rule adopted for the ____ of the job
- rule adopted in good faith
- the standard found discriminatory is reasonably necessary to reach the ____ - promotes ____ employment access
- ____ to accommodate : to the point of undue hardship
- equally
- purpose and objective
- equal
- duty
in the charts of human rights, does some of these grounds for discrimination are not some?
- sex
- pregnancy
- religion
- age
- handicap
- language
- social condition
- civil status
- gender identity or expression
- race, color, national or ethnic origin
NOOOO
Mark refuses to work overtime.
Can he do that? Depends on what is job is, depends on the law «labor standards, article 55 ch. 2». Can I give him a disciplinary measure for insubordination?
*if you are ask on the spot, you can refuse (only time he cannot : if he is putting other person in danger) the employer can ask 5 day in advance. After 2 hours of overtime / 50 hours in the week, you have the right to refuse
difference between indirect and direct discrimination
direct : act of subjecting a person to different treatment based on a prohibited form of discrimination, and doing so in an overt manner
indirect : uniform application of a standard, policy, rule or practice that is neutral at first sight but nevertheless has a discriminatory effect on an individual or class of individual
_____ ______ : once that you have determined that a measure is discriminatory, your role is to participate in the search for a way to acommodate. In other words, you must try to find a solution that puts the person in question on a equal footing with his colleagues who do not have one of the personal characteristics identified in the Charter
reasonable accomodation
