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In the twenty years since Quebec introduced its family policy in 1997, with the objective of supporting the parents of young children, the province has implemented a number of measures aimed at promoting work-life balance which are in many respects more generous than those elsewhere in Canada. However, while enhancing rights to maternity, parental and paternity leave upon the arrival of a child, Quebec has done little to address conflicts between work and family life after a parent's return to work, especially conflicts resulting from routine, daily obligations towards children, the elderly, or other family mem- bers. This paper examines the adequacy of existing legal mechanisms available to Quebec workers under human rights and employment standards legislation for reducing work-family conflict. In this regard, the author notes that 'family status" or 'family situation" has not been recognized as a prohibited ground of discrimination under Quebec's Charter of Human Rights and Freedoms, and the province's courts have consistently resisted expanding the scope of the pro- hibited ground of "civil status" to include parental obligations in the employ- ment context. Furthermore, while the Labour Standards Act provides for various short- and long-term leaves of absence for family responsibilities, the legislation imposes restrictive conditions on entitlement, e.g. the obligation in question must generally be "extraordinary" in nature, and the employee must prove that she took steps to find an alternative solution before seeking leave. Overall, Quebec law has preserved management's prerogative to determine the organization and scheduling of work, maintaining a conception of the "ideal" or "normative" worker as one who has no family responsibilities. Ultimately, the author argues, meaningful reform must take aim at the crux of the matter - employees' ability to control their working time.
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[A]ddresses Quebec's approach to reforming its Labour Standards Act. ...[E]xamines developments in Quebec in the early 2000s, with attention to efforts by the government to evaluate "atypical workers" in an attempt to mitigate precarious employment in this jurisdiction. --From editor's introductory chapter, p. 37.
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Considers the current regulatory environment for temporary employment workers in Quebec. Concludes that the legislative failure to regulate has resulted in abusive practices that undermine labour law.
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This chapter is concerned wtih identifying the many symptoms associated with the inadequacy of workers' protection that the study of precarious employment makes visible. ...[The authors] probe key themes central to regulatory failure in the context of precarious employment, including disparity of treatment between workers in precarious employment and workers with greater security, gaps in legal coverage, the interaction between labour market position and social location, and the lack of compliance and enforcement. --From editor's introductory chapter, p. 37.
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