[Sanctuarycity_hamilton] labour law review panel deputation

Thu Sep 3 16:53:16 PDT 2015

HI everyone, 
Here's a draft of my op-ed. Please provide feedback. I'll finalize it over the weekend and then see if The Spec is interested in it. 

The Ontario government is currently holdingpublic consultations on the review of the Labour Relations Act and theEmployment Standards Act. They will be in Hamilton on September 10 to heardeputations. This is being done as a result of changes in the workplace as moreand more workers are in unstable or temporary work. Our workplaces are alsoincreasingly more globalized, as a result, Ontario has seen an increase inmigrant workers in the past decade. In 2002, there were … migrant workers andin 2012, it was… with 2,200 migrant workers in the Hamilton area. 

Migrant workers are the most vulnerableworkers as their work tends to be temporary, but they also face the addedburden of the threat of deportation if they try to assert their rights. Migrantworkers come under the Temporary Foreign Worker Program, Caregiver Program orthe Seasonal Agricultural Program. While migrants can also be students, refugeeclaimants or undocumented, most arrive under the three programs. 

The programs tie the migrant worker totheir employers and make it difficult to change employers as they have gothrough the challenging process of applying for a new work permit which theypotentially may not be granted. Caregivers rely on their employer to gainpermanent residency and Seasonal Agriculture Workers rely on their employer torehire them again the next year. This makes most migrant workers reluctant tospeak up or seek help if they are being treated unfairly. 

While immigration policy is theresponsibility of the federal government, the province is responsible for theworking conditions of migrant workers in Ontario.

The review of provincial labour laws is astep in the right direction to improve working conditions for all workers includingmigrant workers, but real change needs to be backed by strong enforcement. 

Changes that are needed include the removalof exemptions on employment standards. Provincial labour laws are confusing asto what rights workers have depending on the sector they work in. For example,currently there are no employment standards for farm workers with respect tohours of work, breaks, or overtime pay. Some farm workers have no provision forminimum wage, vacation pay, or public holidays. All workers should have equaland stronger rights.  

The act also needs stronger protection forworkers who assert their rights. Migrant workers should be allowed to stay inCanada while their case is heard and they should still be able to make a claimeven if they are no longer in the country.  

For undocumented migrants, the risks ofasserting their rights are even greater. They often fear accessing services forfear of being reported to immigration authorities. They would unlikely contactthe Ministry of Labour as it is unclear whether they could risk deportation indoing so. The Ministry needs stronger policies with respect to protecting theconfidentiality of workers.  Ministrystaff including workplace inspectors should not be allowed to report toimmigration officials should they discover workers at a workplace areundocumented. This needs to be made clear by the Ministry that their job is toensure the safety and rights of workers and not act as immigration enforcement.

The rights of migrant workers are importantbecause we need decent jobs for all. If migrants can easily be exploited, it isa race to the bottom for all workers.  

     On Wednesday, September 2, 2015 9:12 PM, Caitlin Craven <caitlin.e.craven at gmail.com> wrote:

 Hi Ajit,
Thanks so much for putting this together.  I made a couple small changes and suggestions below - sorry I wasn't able to do track changes, so my comments are in bold.  Overall, looks good!
cheers,CaitlinMy 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 access to 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.  Precarious, temporary, and migrant workers should all be provided equal workplace rights. As such, 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. Additionally, other Ontario laws around workers' compensation, particularly healthcare provision, housing, social assistance and provincial access to permanent residency (not sure what you mean by this?) 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. FAIRNESSWe 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 PROTECTIONMany 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 FEESWhile Juan paid $1,500, workers from Thailand and the Philippines are paying close to $10,000 to recruiters to get a job. this is a bit unclear - maybe you could just say that workers pay from 1500-10,000$ in recruitment fees to work at many essential jobs in Ontario. 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.
El martes, 1 de septiembre de 2015, Ajit Bir Singh <ajitvir.s at gmail.com> escribió:

Hi all,

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

Please read and critique generously!

Thanks!

------

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. FAIRNESSWe 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 PROTECTIONMany 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 FEESWhile 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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