The rising insecurity within the employment relationship in Ontario and elsewhere poses urgent and difficult challenges which the existing legal framework is ill-suited to confront. Certain workers in jobs who, in the past, enjoyed full-time, permanent employment with decent wages and a range of benefits, and even for some a modicum of control within their working lives, are finding their employment relationships are eroding. For vulnerable employees who dwell in precarious forms of employment, the challenges appear even more pressing.
The task of confronting precarious employment is not whether legal regulation of the labour market is necessary. As a group of prominent academics put it, “the decision to leave matters to be determined by market forces is a political one, made by the state, for which a legal [framework] is required”. Rather, the fundamental questions are: what form should the legal and policy framework take, and who should decide?
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