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Developing a pool of candidates and selecting an individual to hire from it are the major preoccupations of R&S. Employers seek qualified workers who are a good fit with the organization. In defining a good fit, employers are advancing their interests in the employment relationship. A web of rules has developed to regulate employers’ behaviour and prevent/manage conflicts https://www.51lunwen.org/humanresource/ between employers and employees during the R&S process.

Required Reading

Recruitment and Selection in Canada, pp. 1–11.

Questions to Guide Your Reading
1. What is recruitment? What is selection? How are these concepts related to each other?

2. How is R&S related to other human resources management functions?

3. What external factors can affect human resources management within an organization?
Once you have completed this reading, continue reading the lesson notes below.

Catano et al. identify the law as a significant external factor affecting R&S. You will examine the requirements of the law in detail in Lesson 10. For now, the following discussion provides a useful outline of the major contours of the law.

The Common Law and Employment Law

When an employer and an employee strike a bargain in the labour market and the employee commences work, the employer and employee have entered into a contract. A contract is a legally enforceable promise or set of promises made between two parties. The contract may be fully or partially written or even entirely verbal, but it is a contract nonetheless. This contract between workers and employers is called a common law contract of employment.

The common law is a body of law based on the British legal tradition of a judge’s deciding matters based on the doctrine of precedent (previous decisions). Essentially, the judge bases decisions on established customs and conventions to ensure a uniform application of the law. Thus, when there is a dispute about what precisely was agreed to between an employer and an employee and the answer cannot be found in the written employment contract, the courts turn to the common law to determine the rights and obligations of the employer and employee. As most contracts contain few of the terms (i.e., most terms are implicit), the common law is an important source of rights and obligations.

The employment relationship is also regulated by other types of law. Legislatures enact legislation commonly called statutory law. These statutory laws usurp or extend specific portions of the common law and may create new rights and obligations for employers and employees. For example, Canadian governments have created a statutory floor of rights regarding wages, hours of work, and vacations through the enactment of employment standards or labour standards acts. Governments may also create minimums around human rights, occupational health and safety, and the compensation of workplace injuries. These statutory rights change the common law.

Labour Legislation and Collective Agreements

The rules regarding unionization and collective bargaining are another type of statutory law. These labour laws substantially alter the common law by making a trade union the bargaining agent for a group of employees (hence “collective bargaining”). Under these laws, the comm本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。