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This chapter focuses on the challenge that precarious employment in Canada’s labor force poses to protective labor law and policy, and thus to state policy more generally. Precarious employment is conceptualized as work for remuneration characterized by multiple dimensions of labor market insecurity, such as job uncertainty, low income, lack of control over the labor process, and higher risks of ill health. The chapter shows that these dimensions of insecurity are associated with particular forms of employment including self-employment, part-time forms of self- and paid employment, as well as temporary paid employment. In considering workers’ legal protections, the chapter focuses on three distinct domains: employment standards (ES), collective bargaining, and occupational health and safety (OHS). It demonstrates that precariously employed workers are vulnerable to ES violations, are less likely to benefit from laws that facilitate access to collective bargaining coverage, and tend to experience relatively high rates of injury and benefit less from OHS regulation.
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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.
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