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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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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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