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As a result of concerns around declining memberships and the growth of precarious employment in recent years, unions have sought to expand their jurisdictions and organize groups of workers who have typically resisted collective bargaining. Research on union renewal has examined working conditions and workplace structures that may give rise to successful organizing campaigns. In this paper we examine working conditions amongst non-unionized same-day messengers working in Toronto, Canada. The research team conducted 143 semi-structured interviews with bikers, drivers and walkers who work primarily for local courier companies. We find that although same-day couriers are typically treated as ‘independent contractors’, they are dependent on brokers, and precariously employed, with unpredictable income and hours of work. Though this group would benefit substantially from unionization, especially organized on a sector-wide basis, their attitudes and culture combined with the structure of the local industry create substantial impediments to organizing.
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For many workers in Ontario, the Employment Standards Act (ESA) provides the only formal measures of workplace protection. The complaints-based monitoring system utilized by the Ontario Ministry of Labour, however, makes it difficult to assess the overall prevalence of employment standards (ES) compliance in the labour force. In addition to outright ESA violations, prevailing research highlights the significance of the erosion, evasion, and outright abandonment of ES for workers’ access to protection through practices such as the misclassification of workers and types of work. In this article, we report on efforts to develop a telephone-survey questionnaire that measures the overall prevalence of ES violations, as well as evasion and erosion in low-wage jobs in Ontario, without requiring respondents to have any pre-existing legal knowledge. Key methodological challenges included developing strategies for identifying ‘misclassified’ independent contractors, establishing measures for determining whether workers were exempt from the ESA, and translating the regulatory nuances embedded in the legislation into easyto- answer questions. The result is a survey questionnaire unique in the Canadian context. Our questionnaire reflects the concerns of both academic researchers and workers’ rights activists. Pilot survey results show that Ontario workers do not necessarily distinguish between ES violations and other workplace grievances and complaints. With careful questionnaire design, it is nevertheless possible to measure the prevalence of ES violations, evasion and erosion. In order to track the effects of ES policies, particularly those on enforcement, we conclude by calling for the establishment of baseline measures and standardized reporting tools.
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This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.
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This article critically assesses the compliance model of employment standards enforcement through a study of monetary employment standards violations in Ontario, Canada. The findings suggest that, in contexts where changes to the organisation of work deepen insecurity for employees, models of enforcement that emphasise compliance over deterrence are unlikely to effectively prevent or remedy employment standards violations.
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Employment Standards (es) legislation sets minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. es legislation is designed to provide minimum workplace protections, particularly for those with little bargaining power in the labour market. In practice, however, es legislation includes ways in which legislated standards may be avoided, including through exemptions that exclude specified employee groups, fully or partially, from legislative coverage. With a focus on the Ontario Employment Standards Act, this article develops a case study of exemptions to the overtime pay provision of the act and regulations and examines in closer detail three specific areas in which exemptions apply. Through this study of the overtime pay exemption, the system of exemptions is presented as a contradictory approach to the regulation of es that, in effect, reduces es coverage, contributes to the avoidance of key legislated standards, and undermines the goal of providing protection for workers in precarious jobs.
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- Journal Article (5)