Documents Vosko, Leah F. 14 results

"This book explores the precarious margins of contemporary labour markets. Over the last few decades, there has been much discussion of a shift from full-time permanent jobs to higher levels of part-time and temporary employment and self-employment. Despite such attention, regulatory approaches have not adapted accordingly. Instead, in the absence of genuine alternatives, old regulatory models are applied to new labour market realities, leaving the most precarious forms of employment intact. The book places this disjuncture in historical context and focuses on its implications for those most likely to be at the margins, particularly women and migrant workers. Managing the Margins provides a rigorous analysis drawing on original qualitative and quantitative material. It innovates by analyzing the historical and contemporary interplay of employment norms, gender relations, and citizenship boundaries. "

"A mounting crisis in employment standards (ES) enforcement is prompting the adoption of new instruments and mechanisms among governments in common law jurisdictions aiming to improve workplace regulation. This shift, evident across all stages of the enforcement process, indicates the increasing influence of regulatory new governance. Using reforms in four jurisdictions as illustrative examples, this article raises serious cautions around the emergence of regulatory new governance in employment standards enforcement. The central argument of the article is that new modes of regulation that fail to account adequately for the power dynamics of the employment relationship risk entrenching processes of regulatory degradation. In light of this potential, the article outlines four principles for more effective ES regulation that aim to balance aspects of traditional regulatory models with a selective application of more promising elements of regulatory new governance, in particular participatory arrangements that involve workers in enforcement processes. "

"Temporary migrant work is a central feature of labour markets in many host states, and an increasing cause of concern for its potential impacts on workers' rights and protections. In Canada, as elsewhere, policymakers utilise it as a regulatory device to lower labour standards. In this context, workers labouring transnationally are turning to unions for assistance. Yet they are confronting obstacles to securing access to their labour rights through representation. This article analyses one example involving a group of temporary migrant agricultural workers engaged seasonally on a British Columbian (BC) farm under Canada's Seasonal Agricultural Worker Program (SAWP) seeking union representation. It considers the question, confronting courts and tribunals in host states across the OECD, of meaningful access to collective bargaining for temporary migrant workers. Focussing on how the BC Labour Relations Board determines an appropriate bargaining unit, the inquiry demonstrates that temporary migrant workers are ill-served by mechanisms aimed at promoting collective bargaining. Although the union involved in the case secured a certification, the outcome was tenuous unionisation. The resulting collective agreement contained provisions augmenting workers' job security by facilitating their circular movement between the sending and host state. However, the structure of the SAWP, which reinforces workers' deportability, together with the limits of the prevailing regime of collective bargaining in BC, modelled on the US Wagner Act, contributed to a certification that was weakly institutionalised and underscored labour law's subsidiarity to legal frameworks governing work across borders."

"In 2009, the province of Ontario, Canada adopted the Employment Standards Amendment Act (Temporary Help Agencies) partly in response to public concern over temporary agency workers' limited access to labour protection. This article examines its "new" approach in historical and international context, illustrating that the resulting section of the Employment Standards Act (ESA) reflects continuity through change in its continued omissions and exclusions.The article begins by defining temporary agency work and describing its significance, explaining how it exemplifies precarious employment, partly by virtue of the triangular employment relationship at its heart. Next it traces three eras of regulation, from the early 20th to the early 21st centuries: in the first era, against the backdrop of the federal government's forays into regulation through the Immigration Act, Ontario responded to abusive practices of private employment agencies, with strict regulations, directed especially at those placing recent immigrants in employment. In the second era, restrictions on private employment agencies were gradually loosened, resulting in modest regulation; in this era, there was growing space for the emergence of "new" types of agencies providing "employment services," including temporary help agencies, which carved out a niche for themselves by targeting marginalized social groups, such as women. The third era was characterized by the legitimization of private employment agencies and, in particular, temporary help agencies, both in a passive sense by government inaction in response to growing complexities surrounding their operation, and in an active sense by the repeal of Ontario's Employment Agencies Act in 2000.Despite a consultative process aimed, in the words of Ontario's then Minister of Labour, at "enhanc [ing] protections for employees working for temporary help agencies," the new section of the ESA adopted in 2009 reproduces outdated approaches to regulation through its omissions and exclusions; specifically, it focuses narrowly on temporary help agencies rather than including an overlapping group of private employment agencies with which they comprise the employment services industry and its denial of access to protection to workers from a particular occupational group (i.e., workers placed by a subset of homecare agencies otherwise falling within the definition of "assignment employees"). Highlighting the importance of looking back in devising new regulations, the article concludes by advancing a more promising approach for the future that would address more squarely the triangular employment relationship as the basis for extending greater protection to workers. "

"Precarious employment presents a monumental challenge to the social, economic, and political stability of labour markets in industrialized societies and there is widespread consensus that its growth is contributing to a series of common social inequalities, especially along the lines of gender and citizenship.
The editors argue that these inequalities are evident at the national level across industrialized countries, as well as at the regional level within federal societies, such as Canada, Germany, the United States, and Australia and in the European Union. This book brings together contributions addressing this issue which include case studies exploring the size, nature, and dynamics of precarious employment in different industrialized countries and chapters examining conceptual and methodological challenges in the study of precarious employment in comparative perspective.
The collection aims to yield new ways of understanding, conceptualizing, measuring, and responding, via public policy and other means – such as new forms of union organization and community organizing at multiple scales – to the forces driving labour market insecurity."