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This paper examines the specific circumstances of contract employment within Sudbury Canada’s mining industry. We attribute this degradation to a shift from direct employment with a major mining company to a concomitant erosion of collective bargaining language and a precarious contract-based relationship. We contend that subcontracting the hiring of employees to a third party skirts provisions of both Federal and Provincial labour legislation which governs and limits the employer’s power (in the case of Ontario this includes the ‘closed shop’ provisions in the Rand Formula, discussed in detail below), and denies fair union representation to what would otherwise be an organized cadre of mining employees, duly employed by the primary employer of record. --From introduction
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In Ontario, hours of work and overtime standards are regulated by the Employment Standards Act (ESA). This legislation covers most employers and employees in the province. As part of an ESA reforms process designed to promote workplace flexibility and enhance competitiveness, the Ontario ESA (2000) allowed for the extension of weekly maximum hours from 48 to 60, and the calculation of overtime pay entitlements to be based on an averaging of hours of work over up to a four-week period. Situated in the context of shifts towards greater working time flexibility, this paper examines the dynamics of working time regulation in the Ontario ESA, with a specific focus on the regulation of excess and overtime hours. The paper considers these processes in relation to general trends towards forms of labour market regulation that support employer-oriented flexibility and that download the regulation of employment standards to privatized negotiations between individual employees and their employers, tendencies present in the ESA that were sustained through further reforms introduced in 2018 and 2019. The paper draws its analysis from interviews with both workers in precarious jobs and Employment Standards Officers from the Ontario Ministry of Labour (MOL), as well as administrative data from the MOL and archival records. In the general context of the rise of precarious employment, the paper argues that ESA hours of work and overtime provisions premised upon creating working time flexibility enhance employer control over time, exacerbate time pressures and uncertainty experienced by workers in precarious jobs, and thereby intensify conditions of precariousness. The article situates the working time provisions of Ontario’s ESA in the context of an ongoing fragmentation of the regulation of working time as legislated standards are eroded in ways that make workers in precarious jobs more vulnerable to employer exploitation.
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The nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening "enforcement gap" that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, there is nothing inevitable about the enforcement gap in Ontario or for that matter elsewhere. Through contributions from leading employment standards enforcement scholars in the US, the UK, and Australia, as well as Quebec, Closing the Enforcement Gap surveys innovative enforcement models that are emerging in a variety of jurisdictions and sets out a bold vision for strengthening employment standards enforcement. -- Publisher's description.
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