Feedback on Law Commission of Ontario Vulnerable Workers and Precarious Work: Interim Report

Similar documents
Taking Action Against Wage Theft

Closing the Gender Wage Gap. Requires building decent jobs from the ground up. Submission to the Ontario Gender Wage Gap Review.

The Voice of the Legal Profession. Law Commission of Ontario Interim Report Vulnerable Workers and Precarious Work

Via only:

respect to the Committee s study of the Temporary Foreign Worker Program ( TFWP ).

Vulnerable Workers and Precarious Work

Migrant Workers Alliance for Change

Workers United Canada Council Submission to Ontario s Changing Workplaces Review

Report: Niagara Forum on Migrant Worker Issues. Brock University - 3 December 2017

British Columbia Poverty Reduction Strategy

Submission to The Ministry of Labour Consultation on Foreign and Resident Employment Recruitment in Ontario

Shaping Canada s New Caregiver Program Post November 2019

Responding to the WHO CSDH Report: Considerations for Improving Health Equity among Migrant Farm Workers in Canada

National Report: Canada

May 31, 2016 Temporary Foreign Worker Program:

Trafficking in Persons for Forced Labour

EVALUATING MIGRANT WORKER RIGHTS IN CANADA

Permanent Status on Landing: Real reform for Caregivers

Bill 47, The Making Ontario Open for Business Act, 2018 What does it do to Labour & Employment Laws in Ontario? BACKGROUND

Provincial Labour Consultation Changing Workplaces Review. Peel Poverty Reduction Strategy Committee Response

C189 - Domestic Workers Convention, 2011 (No. 189)

FRAMEWORK AGREEMENT ACCIONA INTERNATIONAL FEDERATION OF BUILDING AND WOOD WORKERS (BWI) CCOO DE CONSTRUCCIÓN Y SERVICIOS MCA-UGT

Temporary Foreign Worker Program - Overview. Canadian Federation of Agriculture Ministerial Roundtable May 3, 2018

Peel Regional Labour Council s. Submission To. The Changing Workplaces Review

Provincial Report: Quebec

TEMPORARY FOREIGN WORKER PROGRAM

Focus on Labour Exploitation (FLEX) written evidence to the Department for Business, Energy and Industrial Strategy

TIME TO CELEBRATE! December 2, 2017: WAC members and allies celebrate the passing of the Fair Workplaces, Better Jobs Act (Bill 148) Annual Report

Caregivers and Labour Rights in British Columbia: Barriers to Decent Work

A JOINT UPR SUBMISSION BY ONTARO COUNCIL OF AGENCIES SERVING IMMIGRANTS, THE METRO TORONTO CHINESE & SOUTHEAST ASIAN LEGAL CLINIC

Consular Staff and their Role in Protecting the Rights of Migrant Workers

Immigration, Refugees and Citizenship Canada: Caregiver Pilot Program Consultations Submission from Caregivers Action Centre, Toronto, Ontario

International Labour Organization C177. Home Work Convention, 1996 (No. 177) R184. Home Work Recommendation, 1996 (No. 184)

The International Context and National Implications

Saskatchewan Union of Nurses August 2, 2017

Change is needed! 2010/11 ANNUAL REPORT. Outdated labour laws have not kept up with the. poverty line, forcing many of us to work two

REPORT FORM PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930

Migrant Workers Centre: Small Group Discussion Report to SPARC BC for the BC Poverty Reduction Strategy

1 UPDATE ON YORK REGION'S APPLICATION FOR THE LOCAL IMMIGRATION PARTNERSHIPS INITIATIVE

Occupational Health and Safety of Posted Workers in the EU Comparative Report

Promoting Decent Work for Migrant Workers: Challenges and Opportunities

(Resolutions, recommendations and opinions) RESOLUTIONS EUROPEAN PARLIAMENT

Gender Equality GENDER EQUALITY ALTERNATIVE FEDERAL BUDGET 2017 HIGH STAKES CLEAR CHOICES. Background

Guidelines to prevent abusive recruitment, exploitative employment and trafficking of migrant workers in the Baltic Sea Region

The Status of Migrant Farm Workers in Canada, 2005

RECOMMENDATIONS ONTARIO DIRECTOR. Ontario Regional Council

ALBERTA FEDERATION OF LABOUR

United Nordic Code of Conduct

Forced labour Guidance note

III. Resolution concerning the recurrent discussion on social dialogue 1

Foreign Worker Recruitment and Protection The Role of Manitoba s Worker Recruitment

UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW)

Peter McAllister Executive Director, ETI

Temporary Foreign Worker Program

May 1. Draft Migrant Worker Management Act, B.E, used in hearing. Migrant workers and dependents, June 2017

Youth labour market overview

Seed Grant Project Report : The Human Rights of Injured Workers: Social Protection Floors and the Canadian Work Disability System

Canadian Immigration & Investment Consulting Corporation

Governing Body 320th Session, Geneva, March 2014

INTERNATIONAL TRAINING WORKSHOP ON THE IMPLEMENTATION OF CEDAW MIGRANT DOMESTIC WORKERS IN TAIWAN. By : Hope Workers Center, Regina Fuchs OUTLINE

Assisting Foreign Workers Who Face Risks of Abuse FEBRUARY 16, :00 pm 4:00 pm

Protecting labour rights of temporary migrant workers

Focus on Labour Exploitation (FLEX) written evidence to the Regulatory Reform Committee

Thailand revises its laws regarding employment of foreigners. Stephen Frost, Bangkok International Associates

Eradicating forced labour from supply chains

3RD SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, Bill 53. (Chapter 9 of the Statutes of Ontario, 2018)

Changing Hands: Temporary Foreign Workers in Prince Edward Island

The Foreign Worker and Recruitment Services Act Licence Terms and Conditions

International Labour Organization Instruments

BILL 148, THE FAIR WORKPLACES, BETTER JOBS ACT, 2017 TRANSITION TABLE

ASTRAZENECA GLOBAL STANDARD EXPECTATIONS OF THIRD PARTIES

International Labour Convention Ratified by Guyana

AGREEMENT ON LABOUR COOPERATION BETWEEN CANADA AND THE REPUBLIC OF HONDURAS

Migrant Workers Centre Submission to the Section 3 Panel Reviewing the British Columbia Labour Relations Code

SECRETARIAT OF LABOUR AND SOCIAL WELFARE

Global Unions Recommendations for 2017 Global Forum on Migration and Development Berlin, Germany

ONTARIO LABOUR RELATIONS BOARD RULES OF PROCEDURE

Are You Coming To The United States Temporarily To Work Or Study?

Are You Coming To The United States Temporarily To Work Or Study?

Government Introduces New Recruiting Requirements, Application Fee for LMOs

INPUT OF THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS TO THE TENTH COORDINATION MEETING ON INTERNATIONAL MIGRATION 1

FORM 31 LABOUR AND MATERIAL PAYMENT BOND UNDER SECTION 85.1 OF THE ACT Construction Act

CITIZEN WORKER. Canada s Choice. Decent work or entrenched exploitation for Canada s migrant workers? by Fay Faraday JUNE 2016

IMMIGRATION Canada. Work permit. Tel Aviv Visa Office Instructions. Table of contents IMM 5932 E ( ) Document checklist Work permit

Submission for the Changing Workplaces Review

Construction labour, mobility and non-standard employment

Extending social protection and professionalization of domestic workers in Kenya, Rwanda, Uganda

Workplace rights for immigrants in bc

Measuring What Workers Pay to get Jobs Abroad Philip Martin, Prof. Emeritus, University of California, Davis

Occupational Safety and Health Convention, C155, and its Protocol of 2002

POLICY BRIEF. on PRACTICES AND REGULATION OF RECRUITMENT TO GARMENT WORK

Canada-British Columbia Immigration Agreement

BILL C-45: HAS THE SLEEPING GIANT AWAKENED TO BECOME AN EMPLOYER'S WORST NIGHTMARE?

Low-skill temporary work and non-access to permanent residence

AGREEMENT ON LABOUR COOPERATION BETWEEN CANADA AND HASHEMITE KINGDOM OF JORDAN PREAMBLE

Inclusive growth and development founded on decent work for all

Domestic Workers at the Interface of Migration & Development: Action to Expand Good Practice

Non-standard Employment and Precarious work in Sweden

I. Form of the international instrument or instruments

Organising migrant workers: Proposes toolkit for unions in South Africa. Introduction. Purpose of the toolkit. Target

Transcription:

Feedback on Law Commission of Ontario Vulnerable Workers and Precarious Work: Interim Report Workers Action Centre Parkdale Community Legal Services September 25, 2012

2 Workers Action Centre and Parkdale Community Legal Services Workers Action Centre The Workers Action Centre (WAC) is a worker-based organization that strives to improve wages, working conditions and labour legislation for people in low-wage and precarious work. WAC works with thousands of workers a year that are predominantly recent immigrants, racialized workers and women workers in precarious jobs that face problems at work. The Workers Action Centre provides information about workplace rights, and strategies to enforce those rights. Parkdale Community Legal Services Parkdale Community Legal Services (PCLS) is a poverty law clinic providing assistance and legal representation concerning employment standards, employment insurance, human rights, and occupational health and safety matters. In addition, PCLS works with communities in low-wage and precarious work to improve labour standards. For information contact: Mary Gellatly - 416-531-2411, ext 246 gellatlm@lao.on.ca Parkdale Community Legal Services 1266 Queen Street West Toronto, ON M6K 1L3

3 Workers Action Centre and Parkdale Community Legal Services Feedback on the Law Commission of Ontario s Vulnerable Workers and Precarious Work Interim Report 1 The Law Commission of Ontario s (LCO) interim report confirms what the Workers Action Centre has been saying; that work today has become less secure, lower paid, has fewer benefits, if any, and provides little protection against workplace abuses and injury. The report also demonstrates that it is women, immigrants and racialized workers that are most in precarious work. After receiving feedback on the interim report, the Law Commission will give its final report and recommendations to the Ontario government. The interim report focuses on important improvements to employment standards and health and safety protections, including recommendations such as: Review exemptions to the Employment Standards Act (ESA) that allow lower standards in some types of work (for example no minimum wage in farming, no overtime for information technology workers) balancing employer needs with the need to reduce precarious work and provide basic minimum standards; Review of minimum wage and create process for future increases to the minimum wage; Equal pay for workers in equivalent positions (e.g., part time and full time); Explore providing benefits (such as health and dental) to workers in nonstandard work; Employers provide ESA information to all new workers in language of employees if possible, and written notice of employment status and terms of employment; Substantially increase proactive enforcement of both employment standards and health and safety, especially in sectors that are at high risk for violations; Expand the time limits and increase the monetary cap for workers trying to recover unpaid wages; Provide a process for third party complaints to trigger inspections of workplaces to protect workers; The Ministry of Labour act to reduce misclassification of employees as self employed or independent contractors (which employers do to reduce wages and entitlements); Providing person-to-person support for workers making a claim for unpaid wages through the Ministry of Labour; and, Review the requirement that workers first try to enforce their ESA rights with their employer before being allowed to file a claim at the Ministry of Labour. 1 http://www.lco-cdo.org/vulnerable-workers-interim-report.pdf

4 Workers Action Centre and Parkdale Community Legal Services The report makes some specific recommendations to protect temporary foreign workers: hear complaints of reprisals before a worker is repatriated or deported; help workers make claims of violations; federal and provincial sharing of information about temporary foreign employment to increase protections of workers; extend protections currently given to live-in caregivers against fees for work and seizure of passports to all temporary foreign workers; Ministry of Labour increase proactive inspections and enforcement campaigns at workplaces and sectors with temporary foreign workers; and, Pilot mobile medical clinic for migrant workers to provide care or help filing claims (ESA, workers compensation). We urge the LCO to carry forward the above recommendations and the many other strong recommendations in its Interim Report to protect people in precarious work in its report to the Ontario Government. However, there are some key issues that still need to be addressed to more fully address precarious work and better protect those made vulnerable. Set out below are some recommendations for addition to the final LCO report. Purpose Clause: We support the LCO s call for a broad policy statement in a preamble to the ESA (recommendation 2). However, such a statement should turn to the purposes of the Act rather than its administration of the Act. The ESA is remedial legislation meant to address power imbalances between employers and employees, setting out minimal standards of work that society expects. Following on the International Labour Organization (ILO) concept of decent work, the purpose of the ESA should ensure jobs that provide income, employment security, equity and human dignity. 2 Similarly, Arthurs, in his Federal Labour Standards Review, concluded that a principle of decency at work must be treated as pre-eminent in labour standards legislation. 3 Shifting employer liabilities: The Law Commission recognizes the role of fissuring of employment in creating precarious work. However, the Interim Report does not address how the employment relationship is being fissured as employers externalize employment liabilities on to intermediaries such as temporary help agencies, contractors, and, in the case of misclassified independent contractors, on to workers themselves. The report recommends exploring processes of reaching out to the top echelon of industry to 2 International Labour Organization (ILO), Towards a Policy Framework for Decent Work (2002) 141:1-2 International Labour Review, 161. 3 Harry Arthurs, (2006) Fairness at Work: Federal Labour Standards for the 21 st Century. Ottawa: Human Resources and Skills Development Canada.

5 Workers Action Centre and Parkdale Community Legal Services address ESA non-compliance among workers subcontracted to small enterprises and temp agency workers. While a step in the right direction, the gap must be closed on employers ability to shift liability for employment standards and safety on to other entities. Companies that engage subcontractors should be jointly liable for monetary obligations and other ESA entitlements. 4 Joint labour-management employment standards work council pilot project The LCO rightly recognizes that employees need voice in ensuring labour standards. In non-unionized workplaces, such councils risk transferring responsibility for enforcing the ESA to workers who have least power to do so. Such councils would not have the same economic imperative on the employer that Health and Safety committees have due to WSIB premiums and Health and Safety Act enforcement and penalties. Councils in nonunionized workplaces would need to confer power on worker members to enforce minimum standards given the power imbalances that the ESA seeks to remedy. Further, they would require externally provided ESA training, allow an employee complaints procedure with the Ministry of Labour where reprisals or violations of the Council mandate takes place. Non status workers The LCO report recognizes that workers without regularized status to work in Ontario are highly vulnerable to exploitation by employers. And, even while the Ministry of Labour does enforce ES for non-status workers, the LCO felt the complexities facing this group of vulnerable workers fell beyond the scope of its project. There are indeed many factors contributing to having or losing status to work in Canada; in our experience, it is often employers who determine whether a worker will have status (e.g., renewal of labour market opinion and termination of temporary foreign workers). To comprehensively address precarious work and vulnerable workers as the report recommends in recommendation 52, consideration must be given to non-status workers. Temporary Foreign Workers There is a disjuncture between federal administration of the temporary foreign work program and the regulation of work done under that program in Ontario. The LCO recommendations do not go far enough to improve regulation and protect migrant workers. Ontario should adopt a proactive system of employer registration, recruiter licensing (including the mandatory provision of an irrevocable letter of credit or deposit), mandatory filing of information about recruitment and employment contracts, and proactive government inspection and investigation in line with the best practices adopted under Manitoba s Worker Recruitment and Protection Act and Regulations. 5 4 This would bring Ontario in line with Quebec s Act Respecting Labour Standards that makes companies that engage subcontractors jointly liable for monetary obligations. 5 Fay Faraday (2012) Summary Report, Made in Canada: How the Law Constructs Migrant Workers Insecurity. Metcalf Foundation. P. 34

6 Workers Action Centre and Parkdale Community Legal Services In addition, we support the recommendations of the Industrial Accident Victim s Group of Ontario and the Migrant Workers Alliance for Change, including: Eliminate the exclusion of domestic workers from the OHSA; The Ontario Government must develop a comprehensive strategy that addresses prevention of pesticide/chemical exposure among migrant farm workers, including regular and unannounced inspections by the Ministry of Labour; End the practice of deeming migrant workers by the WSIB and devise a system to pay for healthcare-related transportation costs upfront so that injured migrant workers are not financially barred from obtaining healthcare; Leadership from the Ontario government in seeking expanded protection for migrant workers through inter-jurisdictional cooperation with the federal government, including issuing open work permits in cases where workers make complaints about labour law violations; and, Following the recent Metcalf Foundation report, ensure that migrant workers can immigrate to Canada and arrive with status. 6 6 Fay Faraday (2012) Summary Report, Made in Canada: How the Law Constructs Migrant Workers Insecurity. Metcalf Foundation. P. 7