HOW TO READ POSTINGS ON PAY EQUITY

Transcription

1 August 2005 HOW TO READ POSTINGS ON PAY EQUITY Under the Pay Equity Act, all employers whose enterprise employs 10 me employees are required to achieve pay equity which consists in various stages, including the obligation to post results of the pay equity process once twice, depending on the size of the enterprise. Posting these results allows employees to: be infmed of the pay equity process being carried out within the enterprise; request additional infmation submit comments, as necessary; be infmed of the recourses available and how to exercise them. As an employee, you can take part in the achievement of pay equity in your wkplace. When your employer the pay equity committee* posts results of the pay equity process, you should read the infmation to know how the process is being established in your wkplace. You can then submit comments request additional infmation. 1 WHAT IS PAY EQUITY? Pay equity means ensuring that jobs generally held by women (e.g. secretary) receive the same salary as jobs generally held by men (e.g. heavy machinery operat), even if these jobs are different, provided that they are the same in value. Pay equity is a different concept from pay equality. Pay equality means paying the same salary f the same job (f example, nurses earn the same salary regardless of whether they are women men). Pay equity means paying the same salary f a different job but of the same value (f instance, secretaries can earn the same salary as heavy machinery operats). * Enterprises with 100 me employees must set up a pay equity committee. Enterprises with 50 to 99 employees may fm a pay equity committee if the employer so wishes.

2 2 WHEN SHOULD INFORMATION BE POSTED? Enterprises with 10 to 49 employees are required to post infmation only once, at the end of the pay equity process. In the case of enterprises with 50 me employees, the employer pay equity committee is required to establish a pay equity plan and post infmation twice, at specific stages in the pay equity process. 3 WHAT INFORMATION SHOULD BE POSTED? Enterprises with 10 to 49 employees The following infmation must be posted: f each female job class, the amount of each adjustment in compensation and the date of payment of each instalment, a notice stating that no adjustment is required; infmation on the rights and recourses of employees. The elements below could also be indicated: the date of the posting; the list of job classes; the number and proption of women and men in each job class, and the criteria used to determine gender representation in the classes (see question 4); the name of the person in the enterprise that can answer questions receive comments. Enterprises with 50 me employees FIRST POSTING The following infmation must be posted: the list of the job classes concerned by the pay equity plan; the method tools chosen f determining the value of jobs (e.g. a point-fact system, the facts and subfacts used, etc.); infmation on the rights of employees. The elements below could also be indicated: the date of the posting; the number and proption of women and men in each job class, and the criteria used to determine gender representation in the classes; infmation on the process (e.g. composition of the committee, wk schedule, activities, etc.); the name of the person in the enterprise that can answer questions receive comments; infmation on the recourses available to employees. SECOND POSTING The following infmation must be posted: the results of job class value determination, the results of job class comparison, the results of the valuation of compensation differences, and the results of the determination of required adjustments; the terms and conditions of payment of compensation adjustments; a copy of the results of the first posting; infmation on the rights and recourses of employees. The elements below could also be indicated: the date of the posting; the points f each valuation fact subfact; the results of the job class valuation.

3 4 IS MY JOB IN A PREDOMINANTLY FEMALE JOB CLASS? The pay equity process must allow comparison between female jobs and male jobs. To that end, it is necessary to: identify job classes; determine whether they are predominantly male female. How are job classes identified? A job class may consist of only one position, of several positions with common characteristics, such as similar duties responsibilities, similar qualifications and the same remuneration, that is, the same rate scale of compensation. Here is an example of the types of positions that can fm a job class: One person is a messenger, another a commissioner. Both positions share the same responsibilities, require the same qualifications and offer the same remuneration. They could be considered a single job class. How is a job class determined to be predominantly female male? There are four criteria f determining gender representation in a given job class. Thus, a job class is predominantly female predominantly male where: 1 60% me of the positions in that job class are held by employees of the same sex; 2 the histical incumbency of the job class in the enterprise indicates that it is a predominantly female predominantly male job class; Example: Two accountant positions are currently held by women. At first glance, this job class could seem to be predominantly female. However, taking a look at the enterprise s past might show that, histically, its accountants have always been men. Thus, in the case of that enterprise, it may be said to be a predominantly male job class. 3 the job class is commonly associated, in society, with women men (gender stereotypes of fields of wk). F example, the following positions are commonly associated with: women men cashier, dental hygienist, waitress, librarian, seamstress, secretary, medical labaty technician, telephone operat, receptionist, etc.; architect, engineer, butcher, bricklayermason, carpenter, heavy vehicle driver, electrician, guard, unskilled wker, etc.; Example: In your wkplace, the job class of telephone operat comprises two positions 100 % held by men. Although composed only of men, this class is nonetheless considered to be predominantly female because society commonly associates it with women. 4 there is a significant difference between the rate of representation of women men in the job class and their rate of representation in the total wkfce of the enterprise. Example: Women represent 55% of the clerks in a given enterprise, although they account f only 5% of total employees. Because of this disproption, this job class can be considered to be predominantly female. If, on the basis of one the other of the four criteria above: your position is in a female job class, you may be entitled to an adjustment in compensation; your position is not in a female job class, you are not entitled to an adjustment in compensation through the pay equity process.

4 5 6 HOW ARE FEMALE JOBS AND MALE JOBS COMPARED? To compare female jobs and male jobs, a value must be attributed to them. Job value is established through value determination of job classes that takes into account four main facts provided f in the Act: required qualifications; responsibilities; efft required; the conditions under which the wk is perfmed. Furtherme, the method used to determine job value must be applied without gender bias and must take into account characteristics of female jobs that are often overlooked, disregarded, such as: the repeated use of a small number of muscles (computer data entry, use of a keyboard, use of a sewing machine, etc.); the ability to alternate rapidly between several tasks (looking at a computer screen, consulting documents, answering the telephone and a client at the counter); the ability to wk in a psychologically challenging environment (with children, hostile customers, people with an intellectual impairment, etc.). F me infmation on the characteristics of female jobs that are often overlooked, refer to Appendix 3 of the Guide f achieving pay equity in enterprises with 10 to 49 employees, published by the Commission de l équité salariale. Results of the value determination of job classes allows comparison of the remuneration of job classes usually held by women with that of job classes usually held by men. The purpose of this comparison is to determine whether adjustments in compensation must be made to crect differences in compensation between female jobs and male jobs. WHEN AND HOW ARE COMPENSATION ADJUSTMENTS INSTALLED? When a female job is paid less than a male job of same value, the employer must make the necessary adjustments in compensation to crect this difference. Enterprises that were in existence on November 21, 1996 had to begin paying adjustments in compensation not later than November 21, Amounts owed in this regard bear interest as of that date. Enterprises created after November 21, 1996 must begin paying adjustments in compensation no later than five years after the start of their activities. Adjustments in compensation may be paid as a lump sum spread over a maximum period of four years. Where they are spread over time, the instalments are made annually on the same date, and must be equal in amount. F example, a difference in compensation of $1.00 an hour could be redressed as follows: INSTALMENT SALARY ON SALARY ON SALARY ON SALARY ON SALARY ON SALARY ON NOV. 20, 2001 NOV. 21, 2001 NOV. 21, 2002 NOV. 21, 2003 NOV. 21, 2004 NOV. 21, 2005 None $10.00 $11.00 One year $10.00 $10.50 $11.00 Two years $10.00 $10.33 $10.66 $11.00 Three years $10.00 $10.25 $10.50 $10.75 $11.00 Four years $10.00 $10.20 $10.40 $10.60 $10.80 $11.00

5 7 WHAT ARE THE RIGHTS AND RECOURSES OF EMPLOYEES? Employees may, within 60 days of the first day of the posting, request, in writing, additional infmation from make observations to the employer the pay equity committee. One the other shall effect a new posting, within 30 days of the expiry of the time limit above mentioned, with any amendments clearly indicated with an indication that no amendments are needed. Enterprises with 10 to 49 employees An employee a certified association (union) representing the employees of the enterprise may file a complaint with the Commission de l équité salariale if one the other is of the opinion that the employer has not determined the required adjustments in compensation. The complaint may be filed at any time from the first day of posting. POSTING Compensation adjustements Or Notice that no adjustment is required Infmation on rights and recourses Time limit f questions and comments Time limit to respond Posting 60 th day 90 th day Who? Employees Who? Employer Time limit to file a complaint with the Commission de l équité salariale Posting Who? Employees and certified association Enterprises with 50 me employees In the absence of either a pay equity committee a joint establishment of the pay equity plan, a posting further to comments observations submitted by employees must indicate that employees a certified association may file a complaint with the Commission de l équité salariale between the 90th day and the 120th day following the first day of the posting. 1 ST POSTING Job classes, Valuation method, tools, process Infmation on rights 2 ND POSTING Valuation, comparison and determination Terms f paying adjustments Copy of the results of 1st posting Infmation on rights and recourses Time limit f questions Time limit to Time limit to file a complaint in and comments respond the absence of a committee joint establishment Posting 60 th day 90 th day Who? Who? Who? Employees Committee in the Employees and certified absence of one, association the employer 120 th day If you file a complaint with the Commission, make sure you provide as much infmation as possible in der to accelerate processing of your complaint. To that end, it is a good idea to use the Commission s complaint fm. Staff at the Commission can help you file your complaint.

6 PROTECTION FOR EMPLOYEES Employees subjected to reprisals (e.g. threats, pay cut, dismissal) f: having exercised a right provided f under the Act; having provided infmation to the Commission de l équité salariale pursuant to the Act; having testified in a proceeding under the Act may request the intervention of the Commission within 30 days following the reprisals. The Commission may then apply to the Commission des relations du travail f any appropriate measure against any person who takes such reprisals. F further infmation, to obtain documents, contact the Commission de l équité salariale. This document draws on the legislation in fce. It is intended to facilitate comprehension of the Act and does not constitute a legal interpretation thereof. 200, chemin Sainte-Foy 4 e étage Québec (Québec) G1R 6A1 Throughout Québec (toll free): Québec City area: (418) equite.salariale@ces.gouv.qc.ca