• Constitutional law
• Human Rights law
• Employment Equity legislation and
• Labour law/employment standards and related legislation.
Constitutional law as a whole is the supreme law of Canada and has precedence over all other legal means; it consists of a series of Acts and orders passed since 1867 by the British and Canadian Parliaments. Sections 1 – 34 of Part 1 of the Constitution Act of 1982 are called the Canadian Charter of Rights and Freedoms. Constitutional law does not directly affect recruitment and selection activities unless the recruitment and …show more content…
Common law, may also apply to individual contracts entered into be a person and an organization. These laws have very little to do with recruitment and selection practices. The exception to this would be termination, which can be classified as “de-selection”. Both the federal and provincial governments have specialized legislation governing labour relations and setting employment standards for their own public service employees. This specialized legislation as drawn out in the Public Service Employment Act and the Parliamentary Employment and Staff Relations Act illustrate the impact of such legislation on recruitment and selection.
2) Such legislation is necessary to ensure that employees are protected from discrimination and employers are protected from wrongful discrimination charges. The legislation is also necessary because employers hire employees to complete specific tasks. This can create conflicting interesting in the employment relationship. Specifically as follows:
• The duties and obligations of the employer and employee are asymmetrical: the employer issues orders and the employee obeys them.
• Employers must profit or fail; thus employers face pressure to cheapen and intensify labour as one means to increase their profitability.
• Employers’ interests lie in maximizing profits, while workers’ interests lie in maximizing wages.
This brief description suggests employment is not only an economic relationship but also a social