Obligation to Provide Equitable Compensation
Marginal note: Obligations of employers and bargaining agents
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3 (1) An employer shall, in respect of its non-unionized employees, take measures to provide them with equitable compensation in accordance with this Act. In the case of unionized employees, the employer and the bargaining agent shall take measures to provide those employees with equitable compensation in accordance with this Act.
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Marginal note: Notice to employees
(2) Every employer shall post, in the prescribed manner, a notice setting out the text of subsection (1) and describing the rights employees have under this Act.
The Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)
Through the discussion of the equality of the sexes, the literal breadth and variety but thematically focused number of documents devoted to the equality of the sexes implies a form of import not seen in many other areas in the country or the around the world, which implies a certain importance observed through the empirical research on multinational development and on the rightness of human rights, and women’s rights, on the international scene.
Within the Canadian context, this remains the same and not entirely different from the other contexts because of the need for the further development of the society in relative lockstep within the trends of development of the society akin to other nation-states around the world. In the recent past, we find these developments in the country right into the present including in the creation and approval of The Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394).
The Act states that the nature of the employer-employee relation remains one needing to be of equality, equal provisions for the individual in question with the necessity for the equitable compensation for the work in question. Employers should want happier workers; employees want to be able to make a living. Insofar as the third section of the Act speaks to the need to provide equality for the women in the society, the equitable compensation is an important part of this as there appears two distinct misinterpretations of the data based on the metaphor of the Left-Right axis provides for us.
In particular, and acknowledging this axis comes within the framework enforced by the public relations system and is predictable within the propaganda model of the mass media, the Left, as a hypothetical abstract, defines the gender pay gap as a real and huge phenomena and the Right, as another Platonic object, describes this as non-existent and the meritocracy is in place. Both seem wrong.
The Left seems wrong based on the differences in preferences of the men and the women within the society. The talent, ability, length of work hours, hardness of work, skill level, demand of the skills and job, and the scale of the job and sacrifices made to attain it; those are empirical findings that, in fact, reduce the level of the gender pay gap given in my fellow feminists’ discourse on it.
However, the gap continues to exist even after taking into account the differences on these factors, where the Right becomes in a general way wrong because the claim is that the gender pay gap is non-existent; when, in fact, the gender pay gap is alive but not as well. It becomes an in-between situation for the equality of women within the society.
The important interpretation of the Act comes from the nature of the dealings between the employers and the bargaining agents – so-called – or, more properly, the companies and those who want to make a living, to work. The nature of the investment in the potential employee and of the employee into the company becomes essential for the equal consideration of the parties herein, that is, the searching employer and the hopeful employee.
The employer and the bargaining agent in the case of the Act have the fortunate circumstance of living in or doing business in Canada or both, and the equitable compensation for equal work is important in the consideration of the equality of the sexes. The purpose is to provide the employees with the equitable compensation within the constraints and provisions of the act, where the discriminatory pay scale based on sex shall not be permitted within the law as the law shall be enforceable upon the parties who discriminate against someone based on their sex.
This would equally apply to men but pertains to a historical and present emphasis on the women here because of the need to provide for the equal rights of the citizens of the country. This covers the descriptions of subsection (1) of section 3 of the Act. The Act contains another subsection, (2), working within the furtherance of equality in the compensation areas around the rights of the employee through the obligation of the employer.
As stated:
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Marginal note: Notice to employees
(2) Every employer shall post, in the prescribed manner, a notice setting out the text of subsection (1) and describing the rights employees have under this Act.
Relatively straightforward in its delineation of the responsibility of the employer to post the outlay of subsection (1) of section 3 of the Act. The responsibility lies not with the employee alone to learn and comprehend their rights to compensation within the Act. The employer has an equal and, indeed, the greater obligation to the employee within the constraints and imperatives of the Act to inform their employee.
This becomes a pivotal issue for the employer is the clear knowledge in the Act of their responsibility, duty, and obligation to their employees for their workers to know that they have fundamental rights within the Act to equitable compensation, without which the employee would or could have a lesser sense of economic security, sense of wellbeing, and equality of opportunity in the workplace through lack of equitable compensation.
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Image Credits: Pixabay