[Sanctuarycity_hamilton] labour law review panel deputation

[Ajit Bir Singh]

Hi all,

Here is a draft of the deputation for the labour law review panel on
September 10th.

Please read and critique generously!

Thanks!

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My name is Ajit Bir Singh. I am a member of Sanctuary Hamilton, a coalition
made up of individuals and community organizations which advocates for
access without fear to City services for all Hamiltonians, regardless of
immigration status.

At today's consultation, I am going to be speaking on how Ontario's labour
laws need to be amended to allow migrant workers to access justice. Migrant
workers are our friends and neighbours that live and work in Ontario
without permanent resident status. They grow our food, work in restaurants
and factories, and they take care of children, the sick and the elderly.
Ontario works because they do.

We need Ontario's labour laws must support all workers, including migrant
workers.

We need decent, permanent and well paid work for all. Sanctuary Hamilton
calls for:
• an increase of the minimum wage to $15 an hour;
• providing paid sick days; and
• providing vacation and overtime pay to all workers.
Precarious, temporary, and migrant workers should all be provided equal
rights to all workers.

Additionally, other Ontario laws around workers' compensation, particularly
deeming, healthcare provision, housing, social assistance and provincial
access to permanent residency must be overhauled to ensure real rights for
migrant workers.

Migrant workers on tied work permits:
• Are only allowed to work for the single employer who is listed on their
permits.  • If they are laid off and work in the agriculture sector, they
are almost immediately deported.
• If they are in another sector, they have 90 days to find a new employer
willing to pay a $1,000 processing fee and have the government process
their papers. Most can’t do so.
• Permits are time-limited, anywhere from a few weeks to four years.

Work permit rules are part of immigration law made at the Federal level.
Migrant workers deserve permanent immigration status on arrival, and that’s
the Federal government’s responsibility. But Ontario also has a major role
to play. Today, migrant workers live in fear, with fewer rights, and are
forced to pay huge fees to work in Ontario. It’s time for fairness, full
protections and work without fees.

FAIRNESS

We all know how hard it is to speak up when we have a bad employer, or if
we are not getting our full wages. Imagine how much harder it is when
speaking up doesn’t just mean losing your job, it means being forced to
leave the country. Imagine how hard it is when your employer controls your
housing and when your contract isn't enforceable. What’s worse is that
employers know this, and bad bosses will push workers to work harder for
lesser pay, knowing they won’t complain.

The government should mitigate this vulnerability and ensure that workers
are not scared. The government should create an environment where migrant
workers feel secure and encouraged to speak out against to speak out
against abuse.

In order to move from fear to fairness:
• Labour laws must be proactively enforced.
• Community members must be able to complain about bad bosses.
• Migrant workers must be able to stay in the country while their
complaints are being processed. • No harassment or bullying at the
workplace.
• Make contracts enforceable.

FULL PROTECTION

Many agricultural workers don't get minimum wage, overtime pay, time to
eat, or even bathroom breaks. Agricultural workers and caregivers can not
organize into unions nor bargain collectively. So not only are workers
afraid to speak up, even if they do, they don’t have a lot of rights.

In order to move from fewer rights to full protection:
• Migrant workers deserve the same rights as everyone else.
• There should be no special rules and exemptions by occupation.
• Agriculture workers and Caregivers must be able to unionize, and bargain
collectively and sectorally.

WORKING WITHOUT FEES

While Juan paid $1,500, workers from Thailand and the Philippines are
paying close to $10,000 to recruiters to get a job. Recruiters abroad work
with recruiters in Ontario who liaise with Canadian employers. To pay these
sums, many workers take on debt before they arrive. With this debt hanging
over their heads, many are less willing to speak up or complain when faced
with employer or recruiter abuse.

In order to move from paying to work to working without fees:
• License recruiters, and register employers.
• Make recruiter and employer registries public.
• Hold employers and recruiters jointly financially liable for all fees
paid to work by migrant workers.
• Joint liability must include any fees paid at any point in recruitment
process.

The Ontario government needs to amend Ontario's labour laws in order to
ensure that migrant workers are able to access justice and live with
dignity.
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