The Law Commission of Ontario has not yet considered all these issues or what, if any recommendations, it will make to address them. This Consultation Paper is intended to invite you to contribute your views and experiences. It may be useful, however, to hear what others have proposed as solutions or options for addressing the issues. The LCO does not have a position on any of these options at this stage in the project. It does note, however, that one premise that underlies these options is that flexibility may be good for both employers and workers under certain circumstances; this does not mean, however, that workers should be disadvantaged by flexibility or that flexibility should be abused.
Suggestions for reform by others include the following:
· Enhancing existing legislative protections, such as those under the ESA, 2000;
· Developing new legislative protections directed at vulnerable workers or precarious work;
· Developing a broader definition of “employee” in all employment-related statutes;
· Reforming non-employment related statutes that affect the lives of vulnerable workers;
· Developing more effective enforcement mechanisms, particularly for migrant farm workers or live-in caregivers;
· Including an unfair dismissal provision in the ESA, 2000 for non-unionized workers to address disguised reprisals;
· Considering alternative forms of collective representation, such as minority unionism so that a certification of a union would not require a majority of employees to support it;
· Developing a list of and communicating employer “best practices” that reduce the negative impact of precarious work or that provide better opportunities for immigrants and women;
· Increasing social assistance protections in order to permit flexibility in hiring without disadvantaging workers.
Do you have comments on any of these proposals from your perspective as a worker, someone advocating for workers, an employer or as someone responsible for enforcing employment-related standards?
Do you have any suggestions for specific reforms that would help reduce the extent of or negative aspects of work that we have called “precarious”?
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