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Employment Relations In Canada (pdf)

   

Added on  2021-04-17

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Political Science
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Running head: EMPLOYMENT RELATIONS IN CANADAEMPLOYMENT RELATIONS IN CANADAName of the StudentName of the UniversityAuthor Note
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1EMPLOYMENT RELATIONS IN CANADAPart AThe Canadian government follows the federal system of administration. Federalism refersto a two-tier structure of government where there is a clear bifurcation of powers and jurisdictionbetween a central body and a state body (provincial in case of Canada) (Hueglin, 2013). Labourlaws are laws that regulate the rights and responsibilities of each party involved in theemployment process (employer and employee) and the relationship between these parties maybedefined as industrial relations. Additionally, labour law also defines and regulates thereconciliation process in case of disputes between these parties. Thus, the primary aim of labourlegislation is to provide social security and welfare measures for the workforce (McQuarrie,2015). The governing statute for industrial relations in Canada is the Canada Labour Code whichwas enacted in 1985 (McQuarrie, 2015). This piece of legislation is mainly based on theIndustrial Relations and Disputes Investigation Act, 1948 and is divided into three parts eachdealing with a separate area of regulation. The first deals with industrial relation mainlycollective bargaining. “Collective bargaining” refers to the bargaining power held by theemployees as a represented group (Tarrow, 2013). The most effective manifestation of this isthrough trade unions. Trade union memberships and density have been declining globally butCanadian union membership has been relatively consistent (Blanpain & Bisom-Rapp, 2014). Thesecond part of this code deals with health and safety measures relating to occupational duties.Sections 124 and 125 of the code define safety measures owed by the employer towards theemployee. This is particularly helpful for members of the work force dealing with dangerous orhazardous activities as part of their occupational duties. The third and final part of the code dealswith Federal Labour Standards, this part essentially defines the course of employment based on
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2EMPLOYMENT RELATIONS IN CANADAprevailing labour standards such as the minimum rate of remuneration and work hours demandedfrom employers. Additionally, it defines the ideal tolerance policy of employers for variousactions within the course of employment for example Division XV.1 of the code imposes acomplete prohibition of sexual harassment in the workplace. This is the structural framework ofemployment laws on the Federal Level. This must be adhered to by the provinces though theymay enact supporting statutes to further consolidate their position on a particular issue of law.The Canadian Association of Administrators of Labour Legislation(CAALL) is an associationthat recommends and formulates transparent and fair employment laws in order to build strongindustrial relations. It does this through various standing committees like the InternationalLabour Affairs committee, Conciliation and Mediation committee, Occupational Safety andHealth committee, Strategic Labour Policy committee and the Labour Standards committee. There are provincial legislations that provide other protections to employees such as theEmployment Standards Act, 2000 enacted for Ontario (McQuarrie, 2015).It provides forcontinuity and minimum wages as well as the minimum standard works hours demanded of anemployee (McQuarrie, 2015). It also regulates the terms of termination and the leave structureemployees should ideally have access to. In the present context labour legislations are ofparamount importance as there is a radical change in the underlying school of thought thatgoverned employment relations from an employer dominated approach to a more employeesrights oriented approach (Rosenbloom, 2014). The British Columbia Employment Standards Act,1996 is a similar legislation with comparable provisions it also goes on to provide exceptions onjurisdiction in certain cases. An example of this would be the employees working within theprovince but in industries where the Federal government has exclusive jurisdiction. The
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