1. Human Resources – Legal Considerations Unit 5: Organizing

2. 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

3. 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)

4. 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

5. 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

6. 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

7. 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

8. 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.

9. 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

10. 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

11. 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

12. 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

13. Negative Effects of Discrimination  Loss of Confidence  Stress  Anxiety  Poor Mental Health

14. 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

15. 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?