Analysis of Legislation Regulating Recruitment and Selection, HRMT301

This essay provides a comprehensive analysis of the legislation governing recruitment and selection processes in a non-unionized workplace, focusing on the Saskatchewan Employment Act and related laws. It addresses the major types of legislation, including the Employment Standards Act, Human Rights Code, and Occupational Health and Safety Act, summarizing their key rights and obligations for both employers and employees. The essay explores the necessity of such legislation, discussing conflicting interests in employment relationships and how employers can leverage recruitment and selection to achieve their goals. Furthermore, it assesses the positive impacts of these legal provisions on society while acknowledging their limitations and evaluating the extent of worker protections. The analysis includes specific examples of employee rights, such as wage recovery and protection against discrimination, and employer obligations, like maintaining wage records and providing equal pay. The essay highlights the importance of the Saskatchewan Employment Act in setting employment standards and ensuring fair practices in the workplace. The essay also touches on the role of the Board's members to avoid conflict of interest. The essay concludes by examining the positive impact of these regulations on society, emphasizing the protection of employees' health, safety, and fair treatment in the workplace.

Running Head : Legislation regulating process of recruitment and selection
LEGISLATION REGULATING THE PROCESS OF RECRUITMENT AND SELECTION
Name of the student
Name of the university
Author note

1Legislation regulating process of recruitment and selection
Response to Question 1
Legislations
The legal provisions on the processes of selection and recruitment in non-unionized workstation
affect the labor marketplace, the policy of collective bargaining advances the rights and liabilities
of employees, employers, and management who are accountable for the promotion of health and
safety at the workplace concerning developing social and economic aspect. The statutes that
control the staffing and selection of the workers involve common law of contract the law that
regulates collective bargaining and statutes for primary employment covers The labor Relations
Act, The Employment Standard Act, The Human Rights Code and the Occupational Health and
Safety Act, The Pay Equity Act. The legal provisions laid down in the Employment Standard Act
helps to guarantee the selection and recruitment of workers in the non-unionized workplace with
having the right job along with the right time (Orlowski, 2015. The act contributes guidelines in
the field where it needed planning in the workplace, the selection and attraction of competent
employees. It also aids in a non-unionized workplace to attain future objectives and goals. It
provides guidelines to conduct targeted and proactive drives of recruitment. The legislature also
aims to support the workplace through the process of association with various sectors of workers'
initiatives on successive planning. The Pay Equity Act necessitate employer to create a
comparison between female and male works whereby all employees irrespective of their sex
entitle to get equal pay for equal work. The Employee and the Labor Relations Act laid down the
strategies to regulate labor relations to support the optimum employee and also guide the labor
relations in an accountable manner. It helps to evolve a positive labor relationship which is
attached with bargaining agents and also helps in managing the subsisting procedures to improve

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upon working relation overall among the employees. The Human Rights Codes guarantees the
accessibility to selection and recruitment for employees with disabilities in The Occupational
Health and Safety Act. The Health and Safety Act related to wellness related regulations and
safety to advance the active working and living environment.
Rights and Obligations
The Saskatchewan Employment Act provides aid to both employers and employees to recognize
rights and liabilities established by developing informational questions concerning privileges and
obligations (Jones et al., 2016). The right which is guaranteed to the employees is discussed
below:
1. The employee has the right to take action for recovery of wages which the employee is
entitled to get from the employer under the said act. The right recognized under the act by
which no employer is entitled to pay different rate on the prohibited ground as laid down
in The Saskatchewan Human Rights Code, 2018 except it allow pay on a different rate.
2. The employee is entitled to get an annual vacation and apply common date for assessing
entitlement of vacation. The employee is authorized to get recall during employment
leave or combine employment leave to a maximum period of 52 weeks.
3. The employee has the right to get security interest on a salary that is liable to be paid on
priority to other entitlements.
4. The Director of the company on behalf of the employees may have the right to apply in a
court for intervening in proceedings regarding claims against employees.
5. The employee has the liberty to refuse discriminatory action
6. Both the employer and employees who are affected by the adjudicator’s decision have the
right to appeal to the board if the dispute involves the issue of law.

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7. The director on standards of employment and occupational safety and health have entitled
to appeal to the appellate court against the adjudicator’s decisions.
8. The employees have the right to establish and become part of the union and also to
involve in collective bargaining.
9. The employee has the right to acquire bargaining right for the sector of employees
suitable for the same if the order of certification has not issued for that unit.
10. The employee has the right to apply for the cancellation of certification order within the
unit of bargaining or against those employers whose names are mentioned in the order of
certification in case the union becomes inactive in enforcement and promotion of
bargaining rights for the duration of three years.
11. The employee has the privilege to assign or transfer rights concerning board agreement or
order or proceedings to a different union
12. Every employee who is the associate of the union has the liberty to apply the values of
natural justice concerning the dispute between the union and employees.
13. The employer who is associated with the union has the liberty to have fair representation
by union or bargaining agent of the former employee concerning the rights in pursuance
of collective arrangement.
14. The unionized employers have the right to form, assist and organize an employer’s
organization.
The obligation of the employees and employers in the workplace are as follows:
1. The employer is obliged to pay to the employee to pay total wages in pursuance with the
terms as stated in the act.

4Legislation regulating process of recruitment and selection
2. The employer is obliged to maintain a wage’s record which showing the details of
unwritten contra t that deals with monetary benefit and wages.
3. The employees should provide a notice period for reemployment leave.
4. The employers should pay equal wages failing which the employees are entitled to
institute the civil proceeding.
5. The representative employer is obliged to prohibit specific actions under this act
6. Every employer of the health sector shall be obliged to advise regarding any dispute in
respect of any matter under Section 6-45 of the law to the designated organization of
employers.
7. The public employer is obliged not to declare or authorize the lockout of employees
regarding essential services.
Response to Question 2
Importance
The importance of the Saskatchewan Employment Act lies in it provides information regarding
standards of employment rights and obligation relating to the workplace that regulates the
employees and employers of Saskatchewan. The significance of Act is laid down hereinafter :
1. The act provides information on complaints of employment standard which includes the
procedure to complain, summaries of enforcement of employment standards.
2. It helps to know the obligation of the employer in The Foreign Worker Recruitment and
Immigration Services Act.
3. The act advise the job seekers not to pay for getting employment
4. The act provides information on standards of work in industries and professions.

5Legislation regulating process of recruitment and selection
5. The legislature provides information regarding termination and layoffs which includes
group termination, notice requirement and pay in place of notice.
6. The act delivers information on pay and wages in the workstation which includes
minimum wages, overtime, requirements regarding payroll.
7. It also helps in providing information regarding work schedules which includes
information regarding breaks, working hours.
When the member is put in a position where there is a conflict with the board’s interest the
member should act promptly to resolve the dispute. The member of the board should act in
the following ways to avoid conflict of interest :
1. The member must not engage in the company’s decision in which he held an critical
financial interest.
2. The member of the boards should act sensitively to the information that member’s
opinion which gives rise to a closed mind, give rise to bias apprehension.
3. The member should not be engaged in decision making which impairs the familiar
interest appear to act unfairly to the interest of the business.
4. The members should not compromise the trust which is placed by the public to the board.
5. The members of the board should not position themselves in circumstances where they
provide an obligation to the individual who seeks to gains benefit about the decision.
Response to Question 3
Impact
The provision laid down in the Saskatchewan Employment Act provides a positive impact in
the society as it is formulated to safeguard the health and safety of the employees in the

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workplace. The employment standards protect the employees who are absent in employees
owing to the illness of their own or family members (Hall & Olfert, 2015). The act provides
protection to the employees against illegal termination due to the injury or illness of
employee but it is subject to having served for a minimum period of 13 weeks. But there is
an exception where the employee is not entitled to protection if there is a cause on the part of
the employer which is not related to employee’s absence. The legislature also protect
employees entitling them to take action on the ground of discrimination of employee as long
the employee’s act is not aggravating.

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References
Hall, H., & Olfert, R. (2015). Saskatchewan. Retrieved from the State of Rural Canada website
from http://sorc. crrf. ca/saskatchewan.
Jones, M., Shah, T., Hayes, A., Uswak, G., & Bell, S. (2016). Dental service disparities in
Canada: A Saskatoon, Saskatchewan case study. The Canadian Geographer/Le
Géographe canadien, 60(3), 346-355.
Orlowski, P. (2015). Neoliberalism, Its Effects on Saskatchewan, and a Teacher
Educator. Alternate Routes: A Journal of Critical Social Research, 26.