[Sanctuarycity_hamilton] labour law review panel deputation

[Ajit Bir Singh]

Hi everybody!

Here's a final draft of the deputation. I incorporated everyone's edits and
some of the language from your op-ed, Yen, where the deputation felt slight.

Please read! Thanks!

https://docs.google.com/document/d/1kTcLK5uDmrRl645Qs6cGRQd6_29DRZaS3T6LGCz-ydY/edit?usp=sharing

On Mon, Sep 7, 2015 at 8:02 PM, Yen Chu <yenbchu at yahoo.ca> wrote:

> Here's the final version of my op-ed piece. I'll send it to The Spec
> sometime tomorrow to see if they're interested. Otherwise, I'll check with
> the CBC.
>
> Op-Ed
> By Bao Graham
>
> The Ontario government is currently holding public consultations on the
> review of the Labour Relations Act and the Employment Standards Act. They
> are in Hamilton on September 10 to hear deputations. This is being done as
> a result of changes in the workplace as more and more workers are in
> unstable or temporary work. Our workplaces are also increasingly more
> globalized, as a result, Ontario has seen an increase in migrant workers in
> the past decade. In 2002, there were about 101,000 migrant workers and in
> 2012, it was 338,000, with 2,200 migrant workers in the Hamilton area.
>
> Migrant workers are the most vulnerable workers as their work tends to be
> temporary, but they also face the added burden of the threat of deportation
> if they try to assert their rights. Migrant workers come under the
> Temporary Foreign Worker Program, Caregiver Program or the Seasonal
> Agricultural Program. While migrants can also be students, refugee
> claimants or undocumented, most arrive under the three programs.
>
> The programs tie the migrant worker to their employers and make it
> difficult to change employers as they have go through the challenging
> process of applying for a new work permit which they potentially may not be
> granted. Caregivers rely on their employer to gain permanent residency and
> Seasonal Agriculture Workers rely on their employer to rehire them again
> the next year. This makes most migrant workers reluctant to speak up or
> seek help if they are being treated unfairly.
>
> While immigration policy is the responsibility of the federal government,
> the province is responsible for the working conditions of migrant workers
> in Ontario.
>
> The review of provincial labour laws is a step in the right direction to
> improve working conditions for all workers including migrant workers, so is
> the government’s recent Stronger Economy Act which prohibits employers from
> charging fees and keeping passports, but real change needs to be backed by
> strong enforcement.
>
> Changes that are needed include the removal of exemptions on employment
> standards. Provincial labour laws are confusing as to what rights workers
> have depending on the sector they work in. For example, currently there are
> no employment standards for farm workers with respect to hours of work,
> breaks, or overtime pay. Some farm workers have no provision for minimum
> wage, vacation pay, or public holidays. All workers should have equal and
> stronger rights.
>
> The act also needs stronger protection for workers who assert their
> rights. Migrant workers should be allowed to stay in Canada while their
> case is heard and they should still be able to make a claim even if they
> are no longer in the country.
>
> For undocumented migrants, the risks of asserting their rights are even
> greater. They often fear accessing services for fear of being reported to
> immigration authorities. They would unlikely contact the Ministry of Labour
> to report unsafe working conditions as it is unclear whether they could
> risk deportation in doing so. The Ministry needs stronger policies with
> respect to protecting the confidentiality of workers.  Ministry staff
> including workplace inspectors should not be allowed to report to
> immigration officials should they discover workers at a workplace are
> undocumented. This needs to be made clear by the Ministry that their job is
> to ensure the safety and rights of workers and not act as immigration
> enforcement.
>
> Workers have always moved to where there is work. Most of us or our
> families have migrated to find work and a better life. Who is to judge who
> is more deserving of a better life than others? The Canadian government,
> however, feels that low-wage workers are less deserving than those in
> higher wage jobs and makes it much more difficult for them to gain
> permanent status. This leaves them open to exploitation. If migrants can
> easily be exploited, it is a race to the bottom for all workers. We all
> deserve good paying jobs, safe working conditions, and a better world.
>
>
>
> On Friday, September 4, 2015 4:43 PM, Caitlin Craven <
> caitlin.e.craven at gmail.com> wrote:
>
>
> This looks good to me.  Thanks for putting it together, Yen.
>
> Caitlin
>
> 2015-09-03 19:53 GMT-04:00 Yen Chu <yenbchu at yahoo.ca>:
>
> 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 holding public consultations on the
> review of the Labour Relations Act and the Employment Standards Act. They
> will be in Hamilton on September 10 to hear deputations. This is being done
> as a result of changes in the workplace as more and more workers are in
> unstable or temporary work. Our workplaces are also increasingly more
> globalized, as a result, Ontario has seen an increase in migrant workers in
> the past decade. In 2002, there were … migrant workers and in 2012, it was…
> with 2,200 migrant workers in the Hamilton area.
>
> Migrant workers are the most vulnerable workers as their work tends to be
> temporary, but they also face the added burden of the threat of deportation
> if they try to assert their rights. Migrant workers come under the
> Temporary Foreign Worker Program, Caregiver Program or the Seasonal
> Agricultural Program. While migrants can also be students, refugee
> claimants or undocumented, most arrive under the three programs.
>
> The programs tie the migrant worker to their employers and make it
> difficult to change employers as they have go through the challenging
> process of applying for a new work permit which they potentially may not be
> granted. Caregivers rely on their employer to gain permanent residency and
> Seasonal Agriculture Workers rely on their employer to rehire them again
> the next year. This makes most migrant workers reluctant to speak up or
> seek help if they are being treated unfairly.
>
> While immigration policy is the responsibility of the federal government,
> the province is responsible for the working conditions of migrant workers
> in Ontario.
>
> The review of provincial labour laws is a step in the right direction to
> improve working conditions for all workers including migrant workers, but
> real change needs to be backed by strong enforcement.
>
> Changes that are needed include the removal of exemptions on employment
> standards. Provincial labour laws are confusing as to what rights workers
> have depending on the sector they work in. For example, currently there are
> no employment standards for farm workers with respect to hours of work,
> breaks, or overtime pay. Some farm workers have no provision for minimum
> wage, vacation pay, or public holidays. All workers should have equal and
> stronger rights.
>
> The act also needs stronger protection for workers who assert their
> rights. Migrant workers should be allowed to stay in Canada while their
> case is heard and they should still be able to make a claim even if they
> are no longer in the country.
>
> For undocumented migrants, the risks of asserting their rights are even
> greater. They often fear accessing services for fear of being reported to
> immigration authorities. They would unlikely contact the Ministry of Labour
> as it is unclear whether they could risk deportation in doing so. The
> Ministry needs stronger policies with respect to protecting the
> confidentiality of workers.  Ministry staff including workplace inspectors
> should not be allowed to report to immigration officials should they
> discover workers at a workplace are undocumented. This needs to be made
> clear by the Ministry that their job is to ensure the safety and rights of
> workers and not act as immigration enforcement.
>
> The rights of migrant workers are important because we need decent jobs
> for all. If migrants can easily be exploited, it is a 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,
> Caitlin
> 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 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.
> 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 $10,000 to recruiters to get a job. this is a bit unclear -
> maybe you could just say that workers pay from 1500-10,000$ 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.
> 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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>
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>
>
>
>
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