Labour and Employment Law SLO: I can understand the terms and conditions associated with fair workplace practices. I can understand the difference between an employer, an employee and an independent contractor.

Introduction  The workplace of the 21 st century is significantly different from the workplace of previous generations. The nature of the employment relationship has also experienced significant transformation as statute and common law has evolved in relation to the workplace.  Students will examine the statutory provisions of the workplace regarding occupational health and safety, labour standards, trade unions and human rights provisions.  Emphasizing student experiences as the frame of reference for examining the nature of the workplace, this unit will offer opportunities to consider the law as it applies to employers and employees, and to apply criteria of law in assessment of the modern workplace.

The Legal Nature of the Workplace  Individuals in the workplace may be categorized as belonging to one of the following groups, in terms of their legal relationships to the workplace:  employee  employer  independent contractor.  The law affects individuals within each of the categories, according to specifically different standards, and sets out differing rights and obligations for each group.

Sources of Labour Law  The prospect of being an employer and/or an employee is one that is a reality for most Canadians. The rules governing the workplace, and the relationship between employer and employee, are addressed in law. The Constitution Act (1867) attributes matters of employment law to the provincial governments, with the exception of federally regulated industries such as banking, postal service and national defence.  Sources of provincial law regarding employment include the statutes of each province, the human rights legislation of each province and the common law in circumstances where neither the statute law nor the human rights law of the jurisdiction address matters of contention.

 Federally regulated industries are regulated under The Canada Labour Code. In Saskatchewan, pertinent statute law associated with employment relationships is included within:  The Labour Standards Act  The Occupational Health and Safety Act  The Trade Union Act  The Saskatchewan Human Rights Code.  Other significant statutes also related to the workplace include The Income Tax Act, The Employment Insurance Act, The Old Age Security Act and The Workers Compensation Act. Contract law governs the relationships between independent contractors and employers.

The Purpose of Labour Law  Labour law is designed to protect the rights of individual workers and employers, and to promote productive, safe workplaces. Prior to the advent of labour legislation, workplaces were regulated only by the ethics of the ownership and the bargaining power of the employee. Situations for employees varied in terms of safety and other working conditions. Employers were in the stronger position, leading the provinces to set minimum standards of employment. Any term of the employment contract not regulated by statute is still subject to the common law.

 What is the difference between an employer, an employee, and an independent contractor?

 An employer is an individual or a company that employs one or more people.  An employee is a person who works for another person or company for pay.  An independent contractor is one who is self-employed, and therefore not impacted by law of employment.