From all corners of the city, lessons on precarious work

How to fix Ontario’s precarious work problem: Activists share their thoughtsWorkers from across the city came together at the first public consultation in Ontario’s Changing Workplaces review of outdated labour laws.

Thestar.com
June 16, 2015
By Sara Mojtehedzadeh

It’s rare to find a room with this kind of mix: Lawyers. Union leaders. Low-wage workers. Professors. Parents. Students.

All of them in some way touched by the province’s increasingly precarious economy, all of them pressing the government for change.

It’s an unparalleled opportunity, according to labour lawyer C. Michael Mitchell. He, along with Superior Court of Ontario justice John C. Murray, is leading the Ontario government’s review of the province’s outdated employment and labour laws.

“This kind of legislative review of two statutes (the Employment Standards Act and the Labour Relations Act) to the best of my knowledge has never been undertaken together in Canada, anywhere,” Mitchell told the Star.

The first of 10 public consultations on the “Changing Workplaces” review took place Tuesday in Toronto. Here are few of the issues raised:

FAIR SCHEDULING

Critics want Ontario to follow the lead of places like San Francisco, where employers must give workers their schedules two weeks ahead of time and are penalized for last-minute changes. Currently, bosses in Ontario are not obligated to give workers advance notice of their schedule, nor guarantee them a minimum number of hours to survive.

“Gaps in the ESA give employers substantial control over hours of work and scheduling. Ontario’s hours-of-work standards allow for longer hours of work days and work weeks than many other jurisdictions. There is no real floor on work hours, as well. We work with people who are scheduled for one-hour shifts or 30-minute shifts.” - Mary Gellatly, Parkdale Community Legal Services.

TEMP WORK

Temp agencies do not have to reveal to workers how much they are charging a client company for that worker’s services, even though the worker often receives significantly less than the rate received by the agency. Employers are also not obligated to pay temporary employees the same wage as permanent ones, even when they do the same work.

“In Ontario we need to ensure that workers hired through a temp agency receive the same wages and benefits as workers hired directly by the company. Our laws should require that temp agencies provide the information on the mark-up fee to the actual worker. Workers are not widgets. It’s based on their hours of labour that somebody is making a profit.” - Deena Ladd, the Worker’s Action Centre.

HEALTHY JOBS

Ontarians are currently not entitled to paid sick days, and people working for small businesses are not even entitled to a single unpaid sick day. Ontario also has some of the lowest vacation entitlements in the world. That, activists argue, poses a significant risk to public health. They want at least seven paid sick days and three weeks of vacation for all workers.

“All Ontarians deserve decent work with fair wages, sufficient hours, paid sick days and rules that respect and protect everyone. We know that the conditions under which people work affect their physical health as well as their overall sense of well-being.” - Jacquie Maund, Association of Ontario Health Centres

RIGHT TO UNIONIZE

Ontario has one of the lowest unionization rates in Canada, second only to Alberta. Workers used to be able to sign union membership cards to prove they wanted to unionize. Now they must also participate in a balloted vote, which activists say gives bosses more opportunity to target organizers.

“There is no doubt in my mind that the rise of poorly paid and precarious jobs is connected to the decline in unionization. One survey of managers at Canadian workplaces where union organizing occurred found that 94 per cent had used anti-union tactics and 12 per cent admitted to using what they believed to be illegal practices to stop the union.” - Sid Ryan, president of the OFL

MIGRANT WORKERS

Migrant workers who stand up for their workplace rights often face immediate deportation, according to activists who are urging the province to enact stronger reprisal protections. Occupations usually filled by seasonal or temporary foreign workers, like caregivers and agricultural workers, are also exempt from a broad range of minimum standards under Ontario’s employment and labour laws - paving the way for widespread abuse.

“My boss used to give me work for 12 to 14 hours. No vacation pay, no benefits, and if I was sick, I had to pay from my own pocket. Finally I became too sick, and it forced me to quit the job. I was on the streets. I don’t know anybody. I don’t know any labour laws. We don’t know where to complain. We need a better law to protect foreign workers.” - Senthil Thevar, migrant worker and former chef