Pay equity is one of the major compliance issues to employers in Canada. Although all provinces and federal governments have a history of wanting and ensuring that they have to pay people equal pay on an equal value of work, it is legislated differently depending on the jurisdiction. In the case of employers that have branches and offices across the provinces, or which are moving branches and personnel to new areas, it is no longer merely a requirement of the law that employers learn and introduce the proper implementation of the approach toward pay equity, but also a necessity of establishing trust and equity in the workplace.
Employers need to take initiatives so that their compensation practices are kept in line with relevant laws. Penalties provided by the failure to follow the requirements may comprise monetary fines, lost reputation, and low employee engagement. Legal risks can be mitigated by the efforts of employers to familiarize themselves with the legislation systems in different provinces, which provides sustained business longevity.
Understanding Jurisdictional Differences
Every single province in Canada has legislations on pay equity. Quebec, Ontario, to give two examples, have long-established and comprehensive laws about pay equity enforced on employers in the public and the private sectors of a large size. Other provinces, including British Columbia and Alberta, on the contrary, at present place a greater reliance on broad based human rights laws that outlaw pay discrimination but do not impose special active obligations on employers.
Federal employers come under the Pay Equity Act which in turn requires them to arrive at and have an active pay equity plan that should be in existence. This is a federal law that is applicable to employers who are in the federally regulated industries such as telecommunications, banking and interprovincial transport. When operations of a business are carried out among different jurisdictions, an employment lawyer helps establish the laws that govern a specific employer.
Conducting a Pay Equity Assessment
An essential part of the compliance is performing a pay equity evaluation to determine whether there is such an anomaly like a difference in wages offered to jobs characterized by dominating either gender performing work of parity. Employers have to evaluate compensation systems on standards that are objective like skill, efforts, responsibility and working conditions.
The analysis ought to be backed up by written job reviews and salary information. Employers may also be obliged on the basis of the legislation by reporting their findings to the workers or giving them updates on a regular basis. The consultation with an employment lawyer Calgary can help find their way through these technical requirements and will help have the documentation done as comprehensive and defensible in the light of the law.
Maintaining Ongoing Compliance
Pay equity compliance is not a one-time task. In the majority of jurisdictions, employers need to review their pay equity plans periodically or revise them on a regular basis to make sure that it remains fair. This is particularly significant in case of evolution of organizational structures as a result of growth, mergers or restructuring.
The employers are supposed to have their own systems of reviewing remuneration and changing job classifications. The requirements of pay equity will also be supported by training the HR personnel and managers on pay equity requirements, as this practice will further a culture of compliance. Employers who instill pay equity as an ongoing part of their HR practice will be in a better place to show good faith and legal due diligence upon the event of audit or investigation.
Addressing Complaints and Audits
In the event an employee feels they are not being paid equally, they can use their rights to file a complaint either before a pay equity commission or before a human rights tribunal depending on the province. The employers should be ready to address those complaints supported by proper documentation and open explanation of their compensation choices.
In other jurisdictions, the government agencies can carry out proffering audits or demand reports to validate compliance. Employers are supposed to maintain a well-sustained and current record of the same, including records of pay equity evaluation, updating of the staff on communication, and action implementation activities executed. In such a case, where an employment lawyer has been consulted, the position of the employer can be enhanced greatly.
Staying Informed About Legal Developments
Pay equity legislation continues to evolve across Canada. As an illustration, recently British Columbia passed the Pay Transparency Act where employers must now disclose any pay gaps between employees of different genders and the act also grants employees the freedom to talk about their wages without facing retaliation. Other provinces can also enact the same legislation and hence; employers should be aware that the law will change.
Employers ought to consider getting into a legal update subscription or even pay a visit to legal counsel on a regular basis to keep abreast. A proactive conversation with the employment lawyer Calgary or any other relevant expert within your jurisdiction will be able to ensure that your organization is flexible enough to adjust to the changing landscape and be compliant in a constantly changing legal field.
