Worker safety net: because of the scumbags who run a few bad businesses, a huge body of law and web of organizations has grown with the purpose of protecting workers.

There is an imbalance of power between employers and employees; that's all due to the law of supply and demand. There are almost always more workers needing a job than there are jobs available.

Good companies do everything they can to attract good workers. They pay well, provide a safe and pleasant workplace, and offer benefits such as pensions, subsidized day-care, fitness centres, and many other goodies. There are plenty of these businesses, both big and small.

There are also a lot of employers who aren't fair. They exploit the imbalance of power they have over workers by paying as little as they can get away with, cutting corners on safety, and treating their employees badly. Workers need protection from these employers and they turn to government and unions to get it.

The federal government only has a limited role to play in the labour market--its jurisdiction covers transportation, communication, and a few other industries. Most work-related issues are handled by the provincial level of government, with the result that there are no uniform standards across the country.

Each province has an "Employment Standards Act" that defines conditions of employment. These acts cover such issues as: safety, hours of work, vacations, employment of minors, rights to unionize, hiring and firing, among others.

Until recently, workers in Ontario could be forced to work a 60-hour week. In April 2004, the government cut the maximum to 48 hours, bringing the province into line with Prince Edward Island and Nova Scotia. Alberta and New Brunswick have a 44-hour work week, while 40 hours is the standard elsewhere. (In Germany and France, the work week is 35 hours).

Earlier generations might weep at how easy life is for today's workers. In British cotton mills of the 1820s, the standard work day was 14 hours long. Some German factories of the 1840s had a 15-hour work day, even for children. In Lyons, France in 1834, silk mill workers had to put in 16 hours a day.

Child labour laws also vary from province to province. In British Columbia, people as young as 12 can be hired. There are no limits on the kinds of work they can do, except the Occupational Safety Act says they are not allowed to work with toxic pesticides.

Most provinces don't allow children to work overnight shifts. In New Brunswick and Nova Scotia kids under 16 can't work in gas stations, the forest industry, hotels and restaurants, bowling allies, dance halls, pool rooms, and many other places unless the establishments are owned by their families.

In Manitoba, people under 16 can't work around machinery, and in Ontario they can't be employed in logging or construction.

Almost everywhere in Canada, workers under the age of 16 must have a letter of permission from their parents or guardians before taking a job. This assumes that parents have the best interests of their children in their hearts. Unfortunately, this is not always the case, and some kids are farmed out for extra family income.

Teenagers working long hours don't do well in school and statistics show this age group is more prone to workplace accidents. Some of these accidents are the result of inexperience and carelessness, others occur when employers try to cut corners with safety measures.

Workers can turn to government to deal with unsafe job sites, but the help is sometimes slow in coming.

Business-friendly governments such as the Liberals in B.C. or the former Progressive Conservatives in Ontario seem less than keen on enforcing safety regulations.

In April 2004, the new Liberal government of Ontario announced a crackdown on bad employers. The province's Labour Minister Chris Bentley said: "Last year (2003), there were 15,000 claims against employers and only one prosecution was started." Not all those claims were safety related, but the Ontario government says it plans to increase workplace inspection from hundreds a year to thousands.

The aim is to save lives. In 2000, 243 people died in workplace accidents in Ontario alone. But, Sid Ryan says this is only a small part of a tragic picture. Mr. Ryan is Ontario President of the Canadian Union of Public Employees. In September 2001, he wrote in the Toronto Star that, "fatality figures do not accurately reflect the true death toll once occupational diseases, estimated to be as high as 6,000 workers every year are included."

Many types of cancer are linked to worker exposure to toxic chemicals and dust. In addition, thousands of workers are injured each year in on-the-job accidents. For these people, governments have established "worker compensation boards." Employers have to pay into a joint fund, which is then used to give injured workers a disability income. The benefits are not overly generous.

Getting fired is traumatic for everyone. It's also an unpleasant experience for most of the people who do the firing. (An exception might be Donald Trump who seems to enjoy wagging an intimidating finger at some poor sap and hissing, "You're fired!" Getting rid of unwanted employees is not as simple as Mr. Trump makes it seem in his so called "reality" TV show.)

Employers do have the right to fire workers; no one is automatically entitled to employment for life.

In dismissing employees, companies must go through a proper procedure. For example, chronic absenteeism and lateness are grounds for dismissal, but only after a process called "progressive discipline" is completed.

The worker who shows up bleary-eyed 90 minutes late a couple of times a week must be given a warning to shape up. A letter stating the nature of the problem must be given to the offender. The letter will set out expectations for on-time attendance at work and make it clear that failure to meet the goals will result in being fired.

But, employers have the right to dismiss workers even if they've been doing a great job. This might happen because of a company reorganization or a slowdown in business. Typically, dismissed employees get one week's notice after three months employment, rising to eight weeks' notice after eight or more years. Frequently, managers receive compensation worth several months' pay. Senior executives can count on large bonuses referred to as "golden parachutes."

Often an employer will let the worker go immediately and give them pay in exchange for the notice period. It's not a good idea to have someone who's just been fired hanging around the plant or office for several days; it's bad for the morale of everyone else.

People can be fired on the spot for what's called "just cause." That would be something serious such as slugging a supervisor in the nose, lifting money out of the cash register, or abusing a customer.

There are few protections for someone fired for just cause: it's straight out the door and good luck getting Employment Insurance.

Sometimes, employers use something called "constructive dismissal" to get rid of unwanted workers. It's against the rules but it happens. An example might be a boss who cuts a worker's pay and tells the employee to take the cut or quit; that's illegal. Constructive dismissal can be more subtle, such as giving a worker all the rotten jobs in the hope he or she will resign.

In Canada, all workers are protected against unjust dismissal. Workers can and do sue employers for wrongful dismissal.

People cannot be fired for reasons of race, religion, age, sexual orientation, or any other reason covered by Human Rights legislation. In addition, employers can be sued for:

* Making false accusations of just cause to get rid of employees;

* Failing to provide a letter of reference where the termination is without cause;

* Failing to pay a sum of money that is clearly owing.

In these and other situations Human Rights Commissions and courts are available to workers to seek justice. When a court decides that the dismissal has been unjust, the worker might be awarded severance pay as high as two years salary.

SUGGESTED ACTIVITIES:

1. At 35 hours, France and Germany have the shortest work weeks among industrialized countries. Corporations are trying to get workers in both countries to agree to longer hours for the same money. Some companies are saying they will have to move their operations to Eastern Europe if they don't get work-time concessions that will help them remain competitive.

The German union IG Metall says this business tactic amounts to "blackmail," while Germany's Chancellor (prime minister) Gerhard Schroeder says extending the work week is, "A victory for common sense." Who do you think is closest to being right and why?

2. Work out a budget for a single person earning minimum wage and working a standard work week in your community. Discuss what you think the minimum wage should be, and why it's so low.

3. Challenging the Market (ISBN: 0773527273) is the title of a September 2004 book that looks at the regulation of work and income from a labour perspective. Assign students to read chapters of this book and present brief reports to class.

FACT FILE

A Statistics Canada study released in 2003 says that young people who work up to 20 hours a week benefit from learning job skills and become more disciplined students. Working more than 30 hours a week causes a number of negative effects in students, such as higher drop-out rates.

FACT FILE

In January 1965, the minimum wage in Quebec was 70 cents an hour.

MISGUIDED?

Many of the policies used by governments to protect workers end up having the opposite effect. That's the conclusion of the Organization for Economic Cooperation and Development (OECD). For example, forcing companies to make large payments to dismissed workers makes those companies reluctant to hire workers in the first place. OECD is not alone in its beliefs; most business groups say that government attempts to protect workers backfire. In July 2004, The Economist wrote that, "High minimum wages make some workers better off, but at the cost of reducing the overall supply of jobs and leaving some would-be workers out in the cold."

An influential OECD jobs study in 1994 set the trend for governments in the industrialized world to reduce regulation of the workplace. The watchword was "flexibility," and it meant making it easier for companies to hire and fire to reflect the ups and downs of the business cycle.

The trick with all job-protection policies is getting the balance right. Denmark seems to have come close, it has a very generous unemployment benefits program (up 96 percent of employment salary), but a relatively low unemployment rate of six percent. The government doesn't simply mail out hefty cheques to the unemployed, it closely monitors how active people are in looking for work and offers full-time training programs. The program is very expensive but it seems to bring results.

THE MINIMUM

Every province and territory sets a minimum wage. This is the lowest hourly rate an employer is allowed to pay an employee. The minimum wage is adjusted from time to time to keep up with inflation, although there is almost always a considerable time tag in the increase. For example, the Progressive Conservative government of Ontario didn't increase the minimum wage once during eight years in power (1995-2003). Young people are the most likely to be paid minimum wage, usually for temporary summer lobs in service industries. In Saskatchewan in 2000, 70 percent of the people making minimum wage were between 15 and 24. But, there are many full-time workers who are only able to get minimum-wage jobs. Working a standard 40-hour week at minimum wage yields an income below the poverty line almost everywhere in Canada. Hourly minimum wage (September 2004) Alberta--$5.90 British Columbia--$8.00 Manitoba--$7.00 New Brunswick--$6.20 Newfoundland--$6.00 Northwest Territories--$8.25 Nova Scotia--$6.50 Nunavut--$8.50 Ontario--$7.15 Prince Edward Island--$6.50 Quebec--$7.45 Saskatchewan--$6.65 Yukon--$7.20

Websites

Canadian Injured Workers Alliance--http://www.ciwa.ca/

OECD Employment Outlook (2004)--http://www.oecd.org/document/62/ 0,2340,en_2649_201185_31935102_1_1_1_1,00.html