The legislations on recruitment and selection processes at a non-unionized workplace influences the labor market, the collective bargain on the health policies, it promotes the rights and the responsibilities of the employers, the employees and the government which is responsible for the regulation and promotion of the of workplace safety and health status with respect to the evolving economic and social factors. By FindLaw Staff | companies in training. } It develops and maintains a positive labor relation coupled with the bargaining agents and also manages the existing processes with the aim of improving the overall working relations between the employees. ] An employer may provide a bad reference, suggesting that an applicant is not suitable for a role, if the reference is fair and accurate. "id": "3398", Prohibits an organization from excluding a qualified person if he or she can perform the "essential functions" of the job either unaided or with "reasonable accommodation.". "parent": "423", "children": [ "url": "https://www.girlings.com/charity-not-for-profit/legacies", "url": "https://www.girlings.com/business-law/employment-law/investigations" As always, remember that XcelHR is here to help you make sense of it all. The Equality Act (2010) Protects job seekers from discrimination based on a wide range of subjects during every step of the recruitment process. Job applicants have legal rights even before they become employees. "parent": "3352", Explain your recruitment, hiring and promotion policies and practices to employees involved in making these decisions, including employees who accept applications. { "url": "https://www.girlings.com/personal-law/employment-law/grievances-disciplinaries" For further advice on the law surrounding recruitment or any other Employment Law issue, please contact a member of our Employment Law team. Requires facilities to be accessible to the disabled. "id": "3404", All these facts must be considered during Recruitment "id": "3372", "url": "https://www.girlings.com/contact", Business management. "id": "3384", , It is advisable, where possible, for interviews to be conducted by more than one person. "id": "3410", "id": "3370", Rehabilitation of Offenders Act (1974) Africa, with an influence on Recruitment and Selection, Basic Conditions of Employment Act (BCEA), Occupational Health and Safety Act (OHSA), Compensation for Occupational Injuries and Diseases Act (COIDA), South African Qualifications Authority Act (SAQA Act). } "id": "3368", "title": "Restructuring & Insolvency", "id": "3401", It is designed to help them comply with the Data Protection Act when recruiting and employing workers. , Are you legally employable in the United States? } According to Gunderson & Taras (2009), the major legislations that regulate the recruitment and selection of the employees both in the public and private sector in Ontario province of Canada include; the common law of contract, the legislation that governs the collective bargaining and the primary employment statutes (the Employment Standards Act, the Labor Relations Act, the Pay Equity Act, the Human Rights Code and the Occupational Health and safety Act). : English employment law unlike many jurisdictions - does not ban employers from asking a job applicant about their salary history. conditions of employment. "title": "Business Protection & Enforcing Restrictive Covenants", "parent": "3382", avoid using criteria that might be discriminatory. order to perform a particular task or functional role effectively. { "url": "https://www.girlings.com/people", Federal Executive Order #11246 "url": "https://www.girlings.com/business-law/dispute-resolution/professional-negligence" , This act provides guidance in the areas that requires workforce planning, the attraction and selection of able employees. Purpose: to advance economic development and social injustice by establishing and } The principle of the human rights ensures that diversity and equity are reflected in the corporate policies, the procedures and the codes of practice. CAPS Intermediate Phase LIFE Skills GR 4-6, Introductory Computer Practice N4 Study Guide, LEV3701 Multiple Choice Questions With Answers (Set 1), Inc 76pages - Inc3701 study guide bachelor of education unisa. The interviewers should then make notes for each question, and if possible implement an objective scoring system to assess the applicants response. { Meeting with a lawyer can help you understand your options and how to best protect your rights. } "url": "https://www.girlings.com/business-law/employment-law/litigation-prevention" "title": "Employee Terminations & Severance Negotiations", } { "parent": "3389", Prior to and during the hiring process, prospective employees enjoy a number of rights under the law, including anti-discrimination laws and the law of contracts. "url": "https://www.girlings.com/charity-not-for-profit/disputes-regulatory-inquiries", { Are you a citizen of a country other than the United States? performance of their functions and pay for their administration. "parent": "423", Employers must comply with their legal obligations under immigration legislation. Compulsory insurance scheme. During job recruitment and selection, this law ensures gender neutrality; therefore there is no favoring for the work done in mens jobs over the work done in the womens jobs. } { , "url": "https://www.girlings.com/business-law/employment-law/transactional-support" ] "url": "https://www.girlings.com/personal-law/notary", *You can also browse our support articles here >. Factsheet 3 - ts purpose is to protect the child's rights to develop his or her full cognitive, Law of Persons and the Family (Amanda Barratt), Fundamentals of Business Management (McGraw Hill), Strategic Management (Lynette Louw; Peet Venter), Civil Procedure: A Practical Guide (Stephen Pete), Discovering Psychology (Cacioppo John T.; Freberg Laura), SILKE: South African Income Tax (M Stiglingh, AD Koekemoer, L van Heerden, JS Wilcocks, RD de Swart, P van der Zwan), The Law of Contract in South Africa (Dale Hutchinson and Others), Applied Business Statistics (Trevor Wegner), Introduction to Business Management (Gawie S. Du Toit; Barney Erasmus; Johan Wilhelm Strydom), Head First Design Patterns (Elisabeth Freeman), Principles & Practice of Physics (Eric Mazur; Daryl Pedigo; Peter A. Dourmashkin; Ronald J. Bieniek). "id": "47640", collectively impacts on Recruitment and Selection in the workplace. Have you used any other name(s) on employment or education records? Download FindLaw'sGuide to Hiring[PDF] to keep a handy guide to your rights in the hiring process. } Please complete the form below and a legal adviser will contact you. { "id": "3396", Carl advises businesses, partners and senior executives on all areas of employment law and Employment Tribunal litigation. This should remain the case even when an interview takes place virtually with recording facilities. You should not treat any information in this essay as being authoritative. Requires employers to ensure applicants are legally employable in the United States. Provides for freedom from discrimination because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status, or unfavorable military discharge, in connection with employment. "url": "https://www.girlings.com/business-law/commercial-property/secured-lending" At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. "parent": -1, Prohibits pre-employment medical inquiries and examinations. "title": "Solving Disputes & Regulatory Inquiries", Title VII of the Civil Rights Act. "id": "3359", This Act ensures that the recruitment and selection exercise provides the Ontario province with the right workforce with the right job and at the right time. Web1. "id": "3394", , "parent": "3408", This is the evidence that the legal provisions in the Canadian legislation have meaningful provision from the prohibited behavior. There are 11 main employment laws and legislations which can directly affect the recruitment process. "parent": "3381", "id": "3375", "parent": "3381", Selection refers to the methods used to choose the best or most suitable candidate for the vacancy . "parent": "3382", "url": "https://www.girlings.com/personal-law/residential-property/investment-properties" Part of. "children": [ ] WebWhen creating a job description, make sure youre compliant with hiring laws and keep the following in mind: DO list the duties and responsibilities of the job, moving from general to specific. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. "title": "Contested Wills & Estates", "id": "3383", { "title": "Charity & Not-for-Profit", "title": "Company Shareholder/Partnership", "children": [ Africa, with an influence on Recruitment and Selection. { Do you have any previous major medical problems? "url": "https://www.girlings.com/personal-law/family-law/divorce-civil-partnerships" , "children": [ , "url": "https://www.girlings.com/business-law/commercial-property/buying-selling" Such a policy is likely to assist employers in maintaining a consistent approach to recruiting, limit the scope for discriminatory practices and be good evidence that the employer has taken reasonable steps to avoid discrimination. ] What are the ages of your children? Train managers, supervisors and employees on its contents, enforce it, and hold them accountable. "id": "423", introduces a levy equivalent to 1% (one percent) of employers payroll per month. Internal and external candidates: To ensure that the best candidate for a job is chosen it may be sensible to advertise a job role both internally and externally. is the process of finding people to work for a company. Under federal law, an employer cannot illegally discriminate in its hiring process based on a job applicant's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or Intellectual Property, Social Media & Marketing, Business Protection & Enforcing Restrictive Covenants, Drafting Contracts, Bonus Plans & Policies, Employee Terminations & Severance Negotiations, Divorce & Dissolution of Civil Partnerships, Mediation, Collaborative Law & Arbitration, Restrictive Covenant & Team Move Disputes, Settlement Agreements & Negotiating Exits. "title": "Data Protection", } "id": "3436", "url": "https://www.girlings.com/business-law/dispute-resolution/landlord-tenant" This law covers those who work in a broader public sector and the private sector and the private sector employers with more than ten employees. May Not Ask: What is your date of birth? , "children": [ "children": [ , "id": "3389", "id": "3408", Pregnancy Discrimination Act of 1978 May Not Ask: The risk of an employer discriminating against job applicants exists throughout each stage of the recruitment process, and as such it is imperative that employers are aware of their legal obligations. } "url": "https://www.girlings.com/business-law/commercial-law/terms-conditions" "url": "https://www.girlings.com/personal-law/wills-tax-estates/powers-attorney" , The Skills Development Levies Act "title": "Employment Law for Businesses", "children": [ "title": "Commercial Property", Retaining and motivating staff "id": "3417", ABSTRACT Let us begin with the question: What is in fact 'economic loss' for which a party, individual or a company, is liable under law? So it's up to you to make sure that your business does not discriminate against anyone when you're hiring new staff. These include common Also known as the Bill of Rights, serves as the Supreme Act of the country that supersedes all "parent": "3424", { "title": "Trusts", "parent": -1, Have you ever been treated for alcoholism or mental health problems? However, if a BFOQ does not exist, they may be guilty of asking discriminatory questions. { Web| Recruitment & Selection By KJ Henderson Recruitment and selection is a necessary component to any small business. "id": "3420", "id": "3349", "children": [ WebThis law requires employers to attest to their employees immigration status. } "children": [ "children": [ , } "title": "Business Law", "children": [ "parent": "3357", Designated groups comprise of: "id": "3405", "title": "Discrimination & Whistleblowing", Do you wish to be addressed as Mrs., Miss, or MS.? , Where is your spouse employed? "url": "https://www.girlings.com/personal-law/family-law/mediation-arbitration-collaborative-law" Disclaimer: This essay has been written by a law student and not by our expert law writers. "title": "Lease Extensions", "children": [ { marital status, belief, political opinion, pregnancy, social origin, disability, status, "parent": "3389", It has changed its approach in order to incorporate the value added services. WebThe following is a list of the major laws and regulations that affect the selection process. } WebGeneral Train Human Resources managers and all employees on EEO laws. "parent": "3381", disability. "title": "Insights", "children": [ , "title": "Latest", { ] Requires employees to complete an Employment Eligibility Verification Form (I-9 Form). Training. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. "title": "Commercial Agreements", "title": "Dispute Resolution for Individuals", { "title": "People", "id": "3379", Primary Objectives: Give effect to and regulate the right to fair labour practices as "parent": "3381", Some of these laws will affect your recruitment more than others, but an awareness and understanding of each of them is a What is your lineage or national origin? What are the ages of your children? "url": "https://www.girlings.com/personal-law/wills-tax-estates/tax" language or birth of individuals. A job applicant can file a claim for discrimination in the Employment Tribunal against a prospective employer at any point during the recruitment process. } "parent": "3424", , "parent": "3397", , "url": "https://www.girlings.com/business-law/corporate-law", "title": "Videos", "parent": "3408", { "title": "Employment Litigation & Prevention", It also makes it illegal to hire or recruit illegal immigrants. } Purpose: The rationale for a national levy scheme for skills development is premised on the Unless those characteristics are an occupational requirement of the role such practices are inherently discriminatory. Employers must pay this levy to the Commissioner for the South African Revenue Service. "parent": "3361", "url": "https://www.girlings.com/personal-law/wills-tax-estates/wills-succession-planning" Learn more about FindLaws newsletters, including our terms of use and privacy policy. "title": "Mortgages & Equity Release", This is evident in the case of substance and drug abuse where the Ontarian jurisdiction protects the employees under the condition of undue hardship but the employers have a chance to extent their interests. Summary of legislation impacting recruitment: Serves as the Centrepiece of labour law. Specific Employment laws and legislation impacting the Employer-Employee relationship in South Scope of advertising: When advertising vacancies employers should look to reach a broad spectrum of potential applicants by using a mix of advertising channels. "url": "https://www.girlings.com/personal-law/wills-tax-estates", } "title": "Landlord & Tenant", "url": "https://www.girlings.com/personal-law/court-protection/deputyship" } "url": "https://www.girlings.com/latest", , to a specific gender and/or age group. What professional organizations do you belong to? enforcing basic conditions of employment. In addition to purely legal risks there may be other ramifications of the discovery of discriminatory practices in recruitment, such as additional HR disputes and grievances from other employees/ applicants, adverse publicity and reputational harm. "url": "https://www.girlings.com/business-law/employment-law/immigration" { Major Laws and Regulations that Affect the Selection Process, System Offices Request for Reasonable Accommodation Based on Medical Condition or Religious Exemption. "id": "3392", , (Das, 2006) Under the Canadian legislation and the Ontario jurisdiction, in case an employee shows the symptoms of substance and drug abuse, then the employer is not justified to terminate the employees services but instead the employer should follow the right procedure that requires the affected employee to undergo the rehabilitation treatment under the services of a drug specialist, if the employ successfully undergoes the rehabilitation process but late on succumbs to the same problem due to the high risk factor relapse that is associated with the alcohol, then the employer is still not justified to terminate the employees services but give him a chance under the restricted work condition whereby if the affected employee cannot be reformed further then the employer is justified to terminate the services under the legislations on the grounds of the undue hardship. } "title": "Contracts, Bonuses & Incentive Plans", { "id": "3395", May Ask: { "title": "Construction", Provision of advice to the management concerning the levels of organizational recruitment approaches and the selection strategies. The employer groups the jobs into classes which classified as either female dominated or male dominated or Neutral. What kind of last name is Smith? "id": "3402", "parent": "3405", The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. ] Labour Organisation Major issues addressed by the BCEA. "parent": "3389", "url": "https://www.girlings.com/personal-law/gpic", "url": "https://www.girlings.com/personal-law/family-law", To help the non unionized organizations to achieve their future goals and the objectives, this act has the following objectives. ] This act was made law in Ontario so as to narrow the wage difference between womens and mens wages. "url": "https://www.girlings.com/business-law/corporate-law/banking-finance" { The following is a list of the major laws and regulations that affect the selection process. Americans with Disabilities Act (ADA) "id": "3437", "id": "3434", THE CONSTITUTION (BILL OF RIGHTS) "id": "3435", } "title": "Settlement Agreements & Negotiating Exits", "url": "https://www.girlings.com/expertise", This is a Premium document. "id": "431", ANSWER: d. 3. "parent": "423", "parent": "3352", An employer has an obligation to carry out "right to work" checks on all prospective employees. , Major types of legislation that affect recruitment and selection in a non-unionized workplace in Ontario (Canada). , Become Premium to read the whole document. } sexist, non-racial and equality based democratic society. "title": "Contract", "url": "https://www.girlings.com/personal-law/court-protection/elderly-vulnerable-care" WebA key risk from an employment law perspective in relation to recruitment and the selection of candidates is being faced with a discrimination claim. "children": [ ] } "title": "Insolvency/Winding Up", { { , { When did you graduate from high school? Promotes the hiring, promotion, and other terms and conditions of employment of older people. Selection criteria: The interviewers conducting the interview should have a clear understanding of the selection criteria for the role. One exception to this is where the purpose of such questions is to find out if the employer needs to make adjustments to the recruitment process to accommodate the applicant due to a disability. advantages afforded as a result of previously unconstitutional practices. Advertising a job and candidate selection. Equal Pay Act , } "parent": "3361", { "parent": "423", May Not Ask: References There is no legal requirement for an employer to provide a reference for an ex-employee. "parent": "3381", "parent": "3424", Applying this exception will be atypical and will need to be approached with caution. "id": "3374", , This should include an understanding of what skills and experience are needed and are relevant to the job. which particulars of employment must be kept for four years after the end of the contract { The legislations on recruitment and selection processes at a non-unionized workplace influences the labor market, the collective bargain on the health policies, it promotes the rights and the responsibilities of the employers, the employees and the government which is responsible for the regulation and promotion of the of workplace "title": "Court of Protection", } ] However, this may be asking for trouble since it is likely to cause bad feeling from the ex-employee. What is your spouse's name? "parent": "3381", BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA). "title": "Notary", , "id": "3360", Assignment 3 BUS2022S - Goal setting- and motivation/performance theories. { } It provides guidance in conducting the proactive and the targeted recruitment drives. "title": "Property for Charities", "title": "Grievances & Disciplinaries", , { "id": "3399", "parent": "3361", "children": [ The employer then makes use of a job comparison means of evaluating the womens and mens jobs. "parent": "3361", "children": [ { Requires hiring decisions based on abilities rather than age. "url": "https://www.girlings.com/personal-law/residential-property", For example, a promise that stock options will be worth a given amount, that the employee has a job for life, or that the employee will receive significant pay increases may result in such a contract. We would like to keep you informed with updates on legal developments, event invitations and Firm news by email, post, SMS/text and phone. , "title": "Careers", } , WebEmployment legislation has a direct effect on the day to day running of a business. has provided protection for job applicants as though they were employees (when treated "url": "https://www.girlings.com/personal-law/dispute-resolution/landlord-tenant-2" When defining inherent requirements of a job, an employer must consider and University of the Witwatersrand, Johannesburg, Law of Evidence and Litigation Techniques (LEL41Y0), Forensic science and technology (F0R 1501), Civil Engineering Documentation (S062DEC), Law of Succession and Administration of Estates (LPS321E), Mathematics for Natural Sciences (MATH150), Alternative Dispute Resolution 431 (ADR431), Collective Bargaining and Collective Labour Law 503 (JMLV503), Contrast the main approaches to the study of leadership, Chapter 13 remedies - Summary The Law of Contract in South Africa. WebThe Equality Act 2010 protects people in employment from discrimination, victimisation, harassment or any other detriment because of any of the following protected characteristics disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sexual orientation, sex, and age. "title": "Domestic Abuse", ] The purpose of this law is to preserve jobs for those who have legal documentation to work in the United States. law, contracts of employment, collective agreements, etc. { When advertising both internally and externally employers should also ensure that the same selection procedures and criteria are applied to both sets of candidates.
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