Better Enforcement of the Law
Even though more than one in three employers violates our basic minimum labour standards, the government does little to protect workers. 98% of employers found in violation of the law faced no fine or prosecution. With no real risk of being caught breaking the law and no real cost to violating employment standards, it is no surprise that violations are so widespread.
The government must ensure all employers follow the law in all workplaces.
WHAT WE'RE DOING NOW
Changes to Employment Standards Claim Process – WAC on the alert!
Despite concerns expressed by WAC members, workers, community members and allies across Ontario, changes came into effect in January 2011 to the Employment Standards Act (as a result of the passing of Bill 68) which we believe will create huge barriers for workers who face unpaid wages. These changes are:
- Mandatory self-enforcement of ESA rights
Workers are to try and enforce their ESA rights with their boss before filing a claim. - Facilitated settlements:
The Ministry of Labour now has the power to settle claims for less than what workers are owed under the law. - Required information before a claim will be accepted
Workers are to provide information about their employer and arguments about their case before a claim will be accepted, without a commitment to provide support to workers filing claims.
Workers in precarious jobs have little power to negotiate with their bosses. We need zero tolerance for employers that break the law, not changes that force workers to settle for less.
The Workers’ Action Centre will be monitoring the impact of these changes by recording the experiences of workers calling our Workers’ Rights Information Line.
MORE ENFORCEMENT IS STILL NEEDED
WAC and its members have met many times with MPP’s and Ministry of Labour officials to push for much needed funds to hire more employment standards officers. As part of its poverty reduction strategy, the Ontario government promised in December 2008 to invest $10 million annually to hire about 100 new employment standards officers. Yet only $4.5 million has been added to the enforcement budget. The remaining $6 million is for a two year task force to deal with the backlog in claims. We must continue to push to make sure that $6 million is added permanently to improving enforcement.
Working conditions continue to deteriorate for many Ontario workers facing the impact of the recession. With the pressures of an economic downturn, many workers in precarious employment are thinking twice about quitting a bad job, leaving them at the mercy of employers who may be inclined to break the rules to weather the storm. More employment standards officers are needed to ensure that these workers are protected.
BAD BOSS ACTIONS
WAC members continue to organize Bad Boss actions to expose employers who are violating the law to support workers to get their unpaid wages.
WAC RESOURCES
WAC and PCLS Submission to the Standing Committee on Finance and Economic Affairs on Bill 68
WAC submission to the Minister of Finance, Dwight Duncan, on priorities for the Ontario 2010 budget. (February 2008), including recommendations on funding for improved enforcement.
Working on the Edge (May 2007) - WAC 82-page research report documents workers' experiences of precarious work (temp, contract, self-employed), and contains detailed recommendations for change.
Effective and Enforced Employment Standards for Improved Income Security (2005)
