Question

1. Identify two common features or provisions of labour relations acts in Canada

2. Identify two factors an employer should consider when preparing bargaining demands for contract negotiations?

3. Explain the difference between the public and private sectors and elaborate on the significance of this difference for employment relations

Answer 1

Ans1. features

• Canadian employment law is that body of law which regulates the rights, restrictions, and obligations of non-unioned workers and employers in Canada.
• In areas of unrestricted provincial jurisdiction, each province is in charge. So, for example, education and municipal government are both subject to provincial legislation.
• One feature common to all provincial and federal labour laws is the "Rand Formula". This legal concept allows employees in unionized workplaces to decline union membership, but requires them to pay the equivalent of basic union dues even if they decide not to be union members.

Ans2. Factors an Employer should consider when preparing Bargaining demands for contract negotiation

• our goals for the contractual relationship

When preparing to negotiate a contract, it is important to consider the kind of relationship you wish to establish with the other party and what impact this may have on the negotiation and the eventual outcome. For example, in employment contracts, there will be differences in the negotiation between short term or one-time employment contracts in comparison to ongoing employment negotiations. If you are attempting to foster a long term partnership through a contract agreement, your negotiation should include terms for renegotiation, termination, dispute resolution and profit and loss distribution.

• Notice periods

When negotiating a contract, it is important to consider the minimum notice periods required for the termination of the contract. This will differ based on the nature of the contractual relationship. For example, in employment contracts this is likely to be a non negotiable period as prescribed by law, however depending on the nature of the employment, it may be necessary to consider and negotiate an increase or decrease in the minimum notice period.

• Your bargaining power

Before entering negotiations, it is important to know your bargaining power based on the relationship you seek to develop through a contract. For example, if the contract is for employment, your relevant bargaining power will be an understanding of average salary for the position in your specific industry.

This should be considered alongside your professional worth which involves the consideration of your skills, qualifications, proven results and other individual skills.

Having a clear understanding of your bargaining power will ensure you do not undervalue yourself prior to negotiation and accept less in the contract than you deserve. Alternatively, if you are negotiating for a supply contract, your bargaining power will increase in proportion to the potential suppliers need for your business. Prior to entering negotiations, it is therefore important to research the other party, the available sources they have to select from to carry out the terms of the contract if you do not and any time constraints that may exist to make the other party more flexible in negotiations.

7. Your negotiating strategy

It is essential to plan a thorough strategy before commencing negotiations for any contract. This will ensure that you do not stray from your goals and objectives for the contractual relationship, and will provide you with an understanding of when to push further and when to walk away from the proposed deal.

A negotiating strategy should begin with a clear outline of what your priorities are and what you think the priorities of the other party may be. It is then important to consider your negotiating strengths, and through research of the competing bargaining power between you and the other party, develop an idea of the likelihood that exists of you achieving the concessions or adjustments that you require. When developing an honest negotiating strategy it is important to think critically, to recognize your weaknesses and the other parties strengths.

ans3,

basis	public sector	private sector
Meaning	The section of a nation's economy, which is under the control of government, whether it is central, state or local, is known as the Public Sector.	The section of a nation's economy, which owned and controlled by private individuals or companies is known as Private Sector.
objective	To serve the citizens of the country.	Earning Profit
raises money from	Public Revenue like tax, duty, penalty etc.	Issuing shares and debentures or by taking loan
benifits	Job security, Retirement benefits, Allowances, Perquisites etc.	Good salary package, Competitive environment, Incentives etc.

EMPLOYEMENT RELATION:

• Differences in Job Security

Most private-sector workers are "at-will" employees and may be fired for any reason other than race, gender, exercising rights provided by statutes such as workers' compensation or truthfully testifying in court. Public-sector employers generally cannot discipline, demote or fire employees unless there is "cause," such as the violation of work rules, dishonesty, misconduct or poor performance. Government employees who are not "at-will" get to present at a hearing evidence and reasons why there exists no basis for firing or other disciplinary action.

• Impact of Labor Unions

Federal law gives private sector, but not public sector, employees the right to join unions, have them negotiate with employers for wages and working conditions and take group action concerning their employment, including the right to strike. As a private sector employer, you may not fire, discipline or lower the salaries of employees for joining a union or exercising their collective bargaining rights. Many states have granted public employees the right to join unions and collectively negotiate for certain benefits. However, in some of these states, such as New Jersey, unions do not have the right to bargain for employment subjects that are not controlled by federal or state law or that prevent the government agency from performing its duties.