Submission

Introduction

The Newfoundland and Labrador Federation of Labour (NLFL) represents 26 different unions with a total membership of in excess of 65,000 workers throughout the Province. The NLFL is mandated to promote the interests of its affiliates and generally to advance the economic and social welfare of workers in Newfoundland and Labrador. Within this mandate, the NLFL works to promote the interests of workers, both unionized and non-unionized, in a wide range of areas, including labour standards, labour relations, health and safety, and workers' compensation. We also have an interest in other issues such as economic and social development, education, life-long learning, equality and human rights.

The NLFL welcomes the opportunity to put forth on behalf of workers in this province some of the key areas of concern under Part III of the Federal Labour Code. We cannot understate the importance of this piece of legislation in ensuring fair and equitable treatment for those workers that fall under its jurisdiction. Employment standards legislation in our country requires ongoing review and falls short of providing workers with adequate levels of protection for a variety of reasons. With approximately 10% of our provincial workforce falling under federal labour standards, it is extremely important to workers, especially those most vulnerable, that they can rely on such legislation to provide them with that basic level of protection.

Federal Labour Standards play an even more important role because of the changes that have occurred in the workplace of the past 25 years, the type of employment that has emerged over that period, and the degree of complexity that characterizes various employment relationships and work environments. Additionally the emergence of the knowledge economy, globalization, family and social issues all present their unique challenges to ensuring fair and equitable treatment of workers in the workplace.

Key Areas of Concern

Employment Standards and the Changing Workplace

Newfoundland and Labrador over the past 25 years has seen the effects of a changing workplace and how it impacts the average worker. Given that we have always had an economy primarily dependant on non-renewable natural resources, the gradual movement of work away from traditional forms of employment into other sectors has had significant impact on workers and our overall economy. Furthermore the high degree of seasonal work and temporary versus permanent work puts a significant percentage of our workers, especially in rural areas, under federal labour standards. These and similar situations have arisen without any recognition by the federal labour code to effect change in a manner that recognizes the changing nature of work and the workplace.

As an example, issues such as women in the workplace have important implications on federal employment standards. The percentage of women in the workplace (as part of the overall labour force) has been increasing on an annual basis. Women workers have a higher likelihood to be in jobs characterized by lower wages, benefits and working conditions. Federal employment standards should recognize these factors and address relevant areas under the legislation such as family leave and other relevant areas.

Minimum Wage

Increased minimum wage requirements and the importance of a living wage for Canadian workers have long been areas of concern for the labour movement. The unnecessarily high incidents of poverty amongst working poor families and single persons is an area that has far reaching implications on the economic and social development of our province and country. We feel that the federal government should implement a minimum wage structure that would set the standard for not only federal jurisdictions, but one that would also set a standard for provincial jurisdictions. A minimum wage of $10 an hour would certainly assist government in reducing poverty and although it would not eliminate poverty amongst the working poor, it would certainly reduce it and also alleviate the strain on our social programs, freeing up resources which could be directed elsewhere.

Working Conditions

As stated previously, today's workplace and work environment have changed dramatically and an adequate work - family balance has become an important element in today's society. Issues such as hours of work and different types of leave (such as vacation, family-related and sick time) are important considerations of ensuring that workers achieve that balance. With a shift in the amount of fulltime work to contractual or part time work in certain sectors, it is critical that the Canada labour code recognize the importance of this aspect of work and that the federal labour code be revised to reflect such changes.

These changes in working conditions have seen workers subjected to unnecessarily long hours of work (on a daily or weekly basis) with minimum amounts of leave.

Enforcement and Compliance

Like any piece of legislation, enforcement and compliance are critical to ensuring that it meets its stated intent. Not only should government set a minimum standard around employment, but should also ensure that there is adequate communication and enforcement of these standards. There has to be sufficient resources allocated to enforcement of the legislation and clear communication that would lead to a more pro-active approach to reducing the number of violations.

Conclusion

It is quite apparent that Part III of the Canada Labour Code does not accurately reflect or address the nature of work in today's economy. Workers' rights should not be compromised under the guise of global competition and competitiveness, and as the nature of work changes, so should the laws that are in place to protect the basic rights of workers.

Good labour standards should be the hallmark of any modern economy, and government has a duty to lead the way in setting a standard that protects the basic rights of workers who do not have the security of a unionized work environment.