Human Resources – Legal ConsiderationsUnit 5: Organizing

Labour Laws The rights of workers in Ontario are protected by

legislation, both provincial and federal, that establishes minimum standards which employers must meet

Managers must be aware of these laws and ensure that their organization complies with all requirements

Not all jurisdictions in Canada have the same labour laws, and in many countries in the world, employee protection and rights are very different from our own

Employment Standards

Posting Requirements Hours of Work Eating Periods Rest Periods Wages and Overtime Minimum Wage Pregnancy and Parental

Leave Personal Emergency

Leave Family Medical Leave Public Holidays

Vacation Termination and

Severance of Employment

Temporary Layoffs Equal Pay for Equal

Work Enforcement

These are the range of employment standards covered by Ontario Employment Standards Act (ESA)

Health and Safety In Ontario, the Occupational Health and Safety Act

(OHSA) protects the health and safety of people in the workplace

The Occupational Health and Safety Act gives workers the following rights: The right to participate (to be part of the process of

identifying and resolving health and safety concerns) The right to know (about any hazards to which you

may be exposed) The right to refuse unsafe work

Health and Safety In addition to rights, Ontario workers also have

responsibilities in relation to health and safety Workers should not behave or operate equipment in a way

that would endanger themselves or others They also have these additional specific duties:

Work in compliance with the Act and regulations Use any equipment, protective devices, or clothing

required by the employer Tell the employer or supervisor about any known missing or

defective equipment or protective device that may be dangerous

Report any known workplace hazard or violation of the Act to the employer or supervisor

Not remove or make ineffective any protective device required by the employer or by the regulations

Human Rights According to the Human Rights Code, employers in

Ontario cannot deny an individual a job for reasons that are not job relevant

The aim is to ensure that all citizens have the right to get and keep a job based only on their ability to do the job and their performance on the job once they have started

Employment Equity Unlike employment standards legislation, there is

no specific provincial legislation covering employment equity for the majority of workers in Ontario

The Employment Equity Act is a federal law that identifies four designated groups: Aboriginal People Persons with Disabilities Members of a Visible Minority Women

Examples What happens when a co-worker has to go for a

medical treatment during a shift? Work shifts can be exchanged

How can various religious observances be accommodated? Flex-time

How to accommodate for employees with disabilities? Technical equipment – braille computers, hearing aids,

etc. Wheelchair access – ramps, automated doors,

elevators, etc.

What is Diversity? Diversity focuses on a broader set of

qualities than race and gender Valuing diversity means creating a

workplace that respects and includes differences, recognizing the unique contributions that individuals with many types of difference can make , and creating a work environment that maximizes the potential of all employees

What is the Difference Between Equity and Diversity?

Employers that recognize the contributions that individuals from diverse groups can make to their organizations

Diversity-friendly organizations are totally inclusive They do not just tolerate those who are

different, but celebrate the differences of their members

Why promote diversity? Diversity efforts in the workplace

facilitate the exchange of: New perspectives Improve problem solving Create a respectful work

environment A diverse workforce can improve

productivity and creativity within the organization

Important for managers to make diversity an asset within the organization

Discrimination in the Workplace

Direct Discrimination: When someone is treated less favourably than another because of certain attributes: Race Age Skin Colour Disability Gender Sexuality

Indirect Discrimination: Occurs when someone is treated in the same way as someone else but they have have special needs that need to be considered Example: a disabled person may need access to a

building however treating them in the same as able bodied people could prevent them from accessing the same facilities

Negative Effects of Discrimination

Loss of Confidence

Stress Anxiety Poor Mental

Health

Collective Agreements A collective agreement is a written contract covering

employees who are represented by a union This agreement contains the terms and conditions of

employment as well as the rights, privileges and duties of the employer, the union, and the employees

In a workplace where employees are represented by a union, managers must be very knowledgeable about the collective agreements and their responsibilities

The human resource manager will be responsible for representing management in the collective bargaining process that establishes the collective agreement

Your Task Read the document – “What Young Workers Should

Know” (Yes – it’s long …but one of the most important things you may read!)

Answer the following questions: What is one thing you learned from reading this

fact sheet? Why do you think this is an important

employment standard for workers in Ontario? What implication does this employment

standard have for managers?