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This article explores the hidden work of workers employed in precarious jobs which are characterized by part-time and temporary contracts, limited control over work schedules, and poor access to regulatory protection. Through 77 semi-structured interviews with workers in low-wage, precarious jobs in Ontario, Canada, we examine workers’ attempts to challenge the precarity they face when confronted by workplace conditions violating the Ontario Employment Standards Act (ESA), such as not being paid minimum wages, not being paid for overtime, being fired wrongfully or being subject to reprisals. We argue that these challenges involve hidden work, which is neither acknowledged nor recognized in the current ESA enforcement regime. We examine three types of hidden work that involve (1) creating a sense of positive self-worth amidst disempowering practices; (2) engaging in advocacy vis-à-vis employers, sometimes through launching official claims with the Ontario Ministry of Labour; and (3) developing strategies to avoid the costs of precarity in the future. We argue that this hidden work of challenging precarity needs to be formally recognized and that concrete strategies for doing so might lead to more robust protection for workers, particularly within ESA enforcement practices.
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In October 2010, the provincial government of Ontario, Canada enacted the Open for Business Act (OBA). A central component of the OBA is its provisions aiming to streamline the enforcement of Ontario’s Employment Standards Act (ESA). The OBA’s changes to the ESA are an attempt to manage a crisis of employment standards (ES) enforcement, arising from decades of ineffective regulation, by entrenching an individualised enforcement model. The Act aims to streamline enforcement by screening people assumed to be lacking definitive proof of violations out of the complaints process. The OBA therefore produces a new category of ‘illegitimate claimants’ and attributes administrative backlogs to these people. Instead of improving the protection of workers, the OBA embeds new racialised and gendered modes of exclusion in the ES enforcement process.
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