Rights and obligations of workers
Workers, regardless of their status, have several rights and obligations designed to ensure pay equity in the workplace and compliance with the law.
While workers have obligations regarding pay equity, they also have rights — including temporary foreign workers, young workers, and those from immigrant backgrounds.
Everyone has the right to receive a fair wage as provided by the Pay Equity Act.
A worker may also provide their employer with information about their duties to help carry out a comprehensive pay equity audit.
During and after the pay equity exercise, workers have the right to consult the posted results, which must be publicly accessible. They also have the right to submit comments or request additional information. If necessary, they may file a complaint with the CNESST and seek recourse.
During the pay equity work, a worker may serve as a member of the pay equity committee, where such a committee exists within the business.
In return, workers must actively contribute to achieving pay equity in their workplace: by reviewing and verifying postings, and participating in the pay equity committee or process where applicable.
Rights and obligations of employers
The employer bears most of the responsibility for implementing pay equity but has full discretion regarding how the work is carried out.
Employers are, of course, required to comply with the Pay Equity Act. This includes the obligation to calculate annually the number of workers in the business. It is this figure that determines the employer’s specific pay equity obligations.
Once the workforce reaches an annual average of 10 or more workers, the employer must first carry out an initial pay equity exercise. Five years later, they must carry out a pay equity maintenance evaluation.
They must also complete the Employer’s Declaration on Pay Equity (DEMES). Finally, they must ensure that no systemic discrimination exists in their pay equity work.
At the same time, the employer has the right to choose the tools to evaluate the job categories. They may also seek assistance from an external consultant.
It also has the right to establish a pay equity committee, which is mandatory for businesses with over 100 workers.
