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Over a million self-employed Canadians work every day but many of them are not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of "Self-Employed Workers Organize" offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by self-employed workers and create huge impediments for unions attempting to organize them. Through case studies of newspaper carriers, rural route mail couriers, personal care workers, and freelance editors - four groups who have led pioneering efforts to organize - the authors provide a window into the ways political and economic conditions interact with class, ethnicity, and gender to shape the meaning and strategies of working men and women and show how these strategies have changed over time. They argue that the experiences of these workers demonstrate a pressing need to expand collective bargaining rights to include them. --Publisher's description

This article traces the definition and treatment of “vulnerable workers” within the province of Ontario’s regulation of employment standards over a fourteen-year period. An examination of the government’s discourse and its enforcement and legislative history reveals significant shifts and inconsistencies between the government’s claims and its enforcement practices. These shifts and inconsistencies are understood within a political economic analysis of “Third Way” employment policies, competing liberal ideologies, shifting political-economic conditions and institutional legacies. The analysis contributes to a cross-national literature exploring the inadequacies of employment standards enforcement in liberal market economies while at the same time identifying opportunities for change within the different “varieties of liberalism” exhibited within Third Way regimes.

[E]xamines the degree to which unionization, a key indicator of control over the labour process...limits precarious employment among workers. it also explores, how, and in what ways, union coverage mitigates precarious employment for workers in distinct social locations....Although unionization mitigates precariousness for some workers, [the authors] contend that inequalities based on race still prevail. --From editor's introductory chapter, p. 38.

In a period characterized by growing social inequality, precarious work, the legacies of settler colonialism, and the emergence of new social movements, Change and Continuity presents innovative interdisciplinary research as a guide to understanding Canada's political economy and a contribution to progressive social change. Assessing the legacy of the Canadian political economy tradition — a broad body of social science research on power, inequality, and change in society — the essays in this volume offer insight into contemporary issues and chart new directions for future study. Chapters from both emerging and established scholars expand the boundaries of Canadian political economy research, seeking new understandings of the forces that shape society, the ensuing conflicts and contradictions, and the potential for social justice. Engaging with interconnected topics that include shifts in immigration policy, labour market restructuring, settler colonialism, the experiences of people with disabilities, and the revitalization of workers' movements, this collection builds upon and deepens critical analysis of Canadian society and considers its application to contexts beyond Canada. --Publisher's description.

During the COVID-19 pandemic, Canada imposed certain international travel bans and work-from-home orders, yet migrant farmworkers, declared essential to national food security, were exempt from such measures. In this context, farm worksites proved to be particularly prone to COVID-19 outbreaks. To apprehend this trend, we engaged an expanded and transnational employment strain framework that identified the employment demands and resources understood from a transnational perspective, as well as the immigration, labour, and public health policies and practices contributing to and/or buffering employment demands during and after the COVID-19 pandemic. We applied mixed methods to analyze administrative data, immigration, labour, and public health policy, as well as qualitative interviews with thirty migrant farmworkers employed in Ontario and Quebec. We concluded that the deleterious outcomes of the pandemic for this group were rooted in the deplorable pre-pandemic conditions they endured. Consequently, the band-aid solutions adopted by federal and provincial governments to address these conditions before and during the pandemic were limited in their efficacy because they failed to account for the transnational employment strains among precarious status workers labouring on temporary employer-tied work permits. Such findings underscore the need for transformative policies to better support health equity among migrant farmworkers in Canada.

The authors explore the contemporary employment-related experiences of people with disabilities with reference to the rise of precarious employment since the mid-1970s. ...[The] chapter offers an analysis of labour market trends; it consideres how the movement in and out of employment among people with disabilities relates to their experience of precariousness. The authors pay considerable attention to remedial legislation, such as federal and provincial pay and employment equity legislation, designed to facilitate access to employment and how, and in what ways, it influences (or fails to influence) conditions of work. --From editor's introductory chapter (p. 35).

[C]ontributes to an understanding of the nature of precarious employment and its broader social implications, with an emphasis on its impact on health. It reports findings of a survey exploring connections between the employment relationship, the organization of work, and workers' health. ...[The authors] develop a new concept - "employment strain" - to examine how precarious employment relationships affect workers' health.

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.

[Discusses] the concept and practice of community unionism and demonstrates the potential for building a union-community alliance for labour movement renewal through an analysis...of the Workers' Action Centre (WAC) in Toronto. --Editors' introduction

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.

This article examines the history of, and legal precedent set by, Four B Manufacturing v. United Garment Workers of America, a 1980 Supreme Court of Canada case involving an Indigenous-owned manufacturing firm that resisted the efforts of its Indigenous and non-Indigenous workers to form a union on the Tyendinaga Mohawk Territory, a reserve in southeastern Ontario. The employer, Four B, contested the jurisdiction of the Ontario Labour Relations Board and argued, unsuccessfully, that as an "Indian enterprise," its own operations were a matter of federal jurisdiction. We return to the case of Four B for three interrelated reasons. First, we argue that Four B remains relevant because of the ways that the political economy of settler-colonial Canada continues to structure Indigenous enterprises, labour, and employment as ongoing sites of tension. Second, as the inaugural case dealing with the "core of Indianness" – a contested legal concept used by the courts to determine federal jurisdiction over Indigenous labour – this case both set the legal precedent and shaped the subsequent political terrain of Indigenous labour relations. Third, the issues addressed in Four B contextualize recent jurisdictional struggles over Indigenous enterprises, labour, and employment in what we term the "Indigenous public sector" – namely, health care, social services, and First Nations government administration. The article reviews the case history of Four B, setting this against the backdrop of deindustrialization in southeastern Ontario during the period, before tracing how the case influenced the juridical and political landscape of Indigenous labour relations. We close by considering the potential tensions between Indigenous self-determination and the exercise of collective bargaining rights by Indigenous workers.

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.

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.

Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that the article co-authors presented during the annual Contract negotiations between Canada and sending states in 2020. The article then explains why these recommendations were not accepted, situating the negotiation process within the structural context that produces migrant workers' vulnerability, on the one hand, and limits the capacity of representatives of sending and receiving states to expand rights and offer stronger protections to migrant farmworkers, on the other hand. We argue that fundamental changes are required to address the vulnerability of migrant agricultural workers. In the absence of structural changes, it is nevertheless important to seek improvements in the regulation of the programme through any means possible, including strengthening the Contract.

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.