séance 2 - managing individual employment relationships Flashcards
most companies fall under federal or provincial jurisdiction?
90% under provincial laws
10% federal
exemple of companies that fall under federal law?
- dealings with other countries: air routes and transport, shipping and TV and radio broadcasting
- national interest (nuclear energy, currency, banking)
what does the Quebec Charter of Human Rights and Freedoms cover?
- fundamental rights (equal treatment)
- forbids discrimination
- promotes equal employment access
- duty to accomodate (reasonably)
what grounds of discrimination you can not base your decision on as a manager? (11)
- race, colour, ethnic origin
- sex
- pregnancy
- sexual orientation
- civil status
- age
- religion
- political convinctions
- language
- social condition
- handicap
what are the 2 types os discrimination prohibited?
- direct: deliberatly refuse to hire on any of the prohibited grounds
- indirect and systemic: imbedded in policies and practices that, although appearing neutral on the surface, have adverse impact on specific groups for reason not job related (condition to have access to the job can be discriminatory)
what does the CNESST cover?
- pay equity
- labour standards
- health and safety
what is the equivalent of contract of employment (non unionized employees), but for unionized employees?
collective agreement
name 3 caracteristics of the employment contract
- can be written or verbal
- indeterminate (permanent) or fixed term duration
- droit de rupture
what are the employment contract managers obligations?
- protect health and safety
- allow performance of work and pay for it
- preserve the dignity of the employee
what are the employment contract employee’s obligations?
- perform work under supervision and control of the employer
- carry out work with prudence and diligence (protect your and others’ safety)
- demonstrate discretion and act faithfully (keep private info private)
what are the different termination of employee/employer relationship?
- resignation
- dismissal
- temporary layoff
- permanent layoff
- mutual agreement
who’s initiative is it when there is resignation?
employee’s initiative
who’s initiative is it when there is dismissal?
employer’s initiative because of a disciplinary or administrative fault
what is constructive dismissal?
when the employer changes work conditions unilateraly in a negative way, which forces the person to quit (illegal)
what are the key laws labour standards act cover?
- salary
- workweek
- rest
- vacations
- holidays
- sickness or parental leaves
- termination
- child work
- psychological harassment
