[Sanctuarycity_hamilton] labour law review panel deputation

[Ajit Bir Singh]

Thanks! My timeslot is 3:30-3:40 and the location is

Sheraton Hotel
116 King W. St.
Hamilton, ON L8P 4V3
Thanks, Ajit, it looks great!  I can send an email blast to our supporters
list to say this is happening and with link to the info page on MWAC
(tomorrow or tonight).  Yen, if the op-ed doesn't get picked up, maybe we
can at least share it through facebook...

Thanks for all the work on this, and I hope things go well on Thursday,
Ajit.  Sorry I can't be there! (do you know when you're speaking - maybe I
can slip out of work...)

cheers,
caitlin

2015-09-08 2:18 GMT-04:00 Ajit Bir Singh <ajitvir.s at gmail.com>:

> 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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>> Sanctuarycity_hamilton at lists.resist.ca
>> https://lists.resist.ca/cgi-bin/mailman/listinfo/sanctuarycity_hamilton
>>
>>
>>
>>
>>
>>
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>> Sanctuarycity_hamilton at lists.resist.ca
>> https://lists.resist.ca/cgi-bin/mailman/listinfo/sanctuarycity_hamilton
>>
>>
>
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