Submission

Here are some desperately needed changes to the Canada Labour Code ("CLC") I have direct experience with as a non-unionized employee working in the banking industry:

1. Sect. 240, Part III of the Code specifically allows for reprisals to be taken against an employee. An employee's rights under the Code can be openly abused by an employer, and should the employee ask about the company's policy or his/her rights under the law the employer is allowed to take severe reprisals against the employee, including malicious/bad faith termination of the employee all under Sect. 240, Part III. This is the most incredibly barbaric, backward, and unfair thing I have ever heard of in a supposedly 'advanced' country like Canada, and several lawyers, colleagues, labour experts etc. I have spoken with were not even aware of this, nor could they believe this was the case (I found out because this exact scenario happened to me very recently).

Unlike provincial labour law which specifically forbids reprisals for asking about - even asserting - your rights in the workplace, federal labour law allows it despite overseeing the most powerful and non-unionized employers (especially the banking industry which employs hundreds of thousands of Canadians and therefore directly affects millions of people [employees and their families etc.]). My rights involving a massive abuse of unpaid overtime were at stake and being further, and repeatedly, threatened at the bank I worked at.

2. Real enforcement and inspection are needed. Speeding at 10km over the limit will draw an infinitely more sever fine/penalty for an individual than what a major corporation faces for contravening labour standards (breaking the law!) in the above manner, which can completely ruin a person's life, career, family, personal finances etc... This is unbelievable, and not in line with what I thought this country stood for up until now. I am shocked that this situation was ever allowed to exist (especially in light of the fact that provincial labour law has real penalties outlined in the Employment Standards Act on reprisals).

A law is worthless if employers believe they can easily break it without consequences, without pro-active inspections, and which actually rewards employers for not obeying it (i.e.: Pressuring employees to work UNPAID overtime is a crime benefiting employers to the tune of billions of dollars, yet if caught they only have to pay back wages which were owed in the first place - it therefore pays greatly to try and break this law from the company's standpoint as only a few people will try to get their owed wages back due to fear, language barriers, lack of understanding etc...).

3. Federal law does not require (nor does HRSDC even produce) a summary/poster of the law and employees rights to be posted visibly in every workplace. Provincial labour law does require (and produce) this poster to be posted in every workplace in the province.

Therefore, federally regulated non-unionized employees are left wide open to abuse, manipulation, and simply left in the dark about their rights with no contact information readily available (unlike their provincial counterparts). These unequal standards are quite offensive, especially when they work, or are designed, for the benefit of the most powerful employers in the country.

4. Employment Agencies: Banks and other federally regulated businesses should not be allowed to circumvent such long-overdue changes to the CLC by hiring more people through employment agencies. This is an insidious and growing trend in Canada which often lowers the quality of work i.e.: lower wages, no benefits, no legal stat holidays paid, less job security etc. (again, which I have witnessed first-hand in the banking industry despite banks recording billions in profit) .

5. Whistleblower legislation should be enacted.

6. A very active inspection regime is needed which will save government $100's of millions. If the practice of unpaid overtime is stopped, and the standard work week is respected, unemployment will be reduced dramatically with tremendous positive spin-off effects for the economy and society overall.

For every two people working 50 hours or more per week (a figure that has increased from 10% to 25% of the population over the last decade; see the 'Work-Life Conflict' study) one new job could be created. The resulting drop in EI claimants, lower financial strain on government, increased revenues to government from more employed Canadians spending, paying taxes etc.: would be a massive boon for the country. Increasing the number of inspectors, enforcement officers and the like at Labour Program - HRSDC will provide an infinite return on investment for government in this way.

I am available at your request to further discuss these topics and direct experiences.

Truly,

Richard Pereira