더그 포드 보수당 온타리오 주정부 노동법 개악안, 최저임금 동결

더그 포드 보수당 온타리오 주정부 노동법 개악안

(1) 최저임금 $ 14 로, 2020년까지  2년간 동결

(2) 2일 유급 병가 폐지, 10일 비상 휴가안 폐지 
(3) 비정규직과 정규직 동일 임금 지급법안 폐지

(4) 더그 포드 주정부: 노동자 임금과 사회복지비 규제 대신, "비지니스에 개방을 open for business" 정책 도입, 기업 투자 규제 해소, 짐 윌슨 온타리오 주 정부 경제부 장관 "일자리 창출, 투자, 성장"을 위해 과거 리버럴 정부의 "규제 쓰나미"를 다 해소하자고 주장.

2018년 6월 주 총선에서 집권한 온타리오 보수파 주지사 더그 포드가 최저임금을 2년간 동결시키려고 한다. 지난 리버럴 주정부(주 지사 캐슬린 위니)는 2018년 14달러, 2019년 1월부터 시간당 15달러로 최저임금을 인상했다. 그런데 더그 포드 보수당 주지사가 시계를 거꾸로 돌리고 있다. 

온타리오 노동연맹 (OFL) 크리스 버클리는 “더그 포드 주지사는 노동자의 친구가 아니라 적임이 입증되었다” 맹비난함

온타리오 주 초등학교 교사 협회 (ETFO)도 성명를 발표해, “더그 포드 주지사의 노동법 개악안은 비정규직 계약직 교사에게 큰 피해를 줄 것이다”

샘 하몬드는 성명에서 “더그 포드의 ‘비지니스에 개방을 open for business’ 노선은 기업과 자본의 자유와 재량권을 부여하면서 동시에 노동자의 임금과 사회복지 혜택은 줄이는 것이다”라고 노동법 개악을 비판했다. 

Doug Ford:

Oct 23, 2018  Ford government freezing $14 minimum wage as part of labour reform rollbacks

Making Ontario Open for Business Act will scrap key Liberal workplace laws

Mike Crawley, Andrea Janus · CBC News · Posted: Oct 23, 2018 8:35 AM ET | Last Updated: 2 hours ago

 

Jim Wilson, minister of economic development, job creation and trade, unveils the changes to Ontario's labour laws at a news conference Tuesday morning. (CBC)

Premier Doug Ford's government will freeze Ontario's minimum wage at $14 for another two years with a sweeping new bill that scraps many of the labour reforms brought in by the previous Liberal government in favour of a more pro-business agenda.

The omnibus legislation, unveiled Tuesday, is designed to fulfil one of Ford's central campaign promises, to make Ontario "open for business." It will change several provincial laws, notably employment standards.

• Business lobbies Ford to revoke workplace reforms

• Ford takes aim at Liberal Bill 148 labour legislation

The new act will repeal the bulk of the Kathleen Wynne government's Bill 148, labour legislation that gives all Ontario workers a minimum of two paid sick days and forces employers to pay part-time and casual staff at the same rate as full-time workers.

The bill announced Tuesday, called the Making Ontario Open for Business Act, scraps the two paid sick days legislated by the previous government. It also cancels 10 personal emergency leave days and replaces that with up to three days for personal illness, two for bereavement and three for family responsibilities, all unpaid.

The bill also eliminates pay-equity for part-time and casual workers.

Christine, a woman who the CBC News has agreed not to identify to protect her job, works four part-time minimum wage jobs in Richmond Hill, Ont. 

"We knew that this was coming, but it still feels like I was kicked in the stomach," she said in an interview on Metro Morning. "How is he for the people if he's not increasing minimum wage?" 

You can listen to the full interview in the player below:

Metro Morning

Two people affected by the government's decision to not increase minimum wage to $15 an hour

 LISTEN

00:00 09:09

The Conservative government will not go ahead with the previous government's promise to increase the minimum wage to $15. For many low-wage workers, the news is devastating. But for some small business-owners, it comes as an enormous relief. 9:09

'Invest, grow'

Three cabinet ministers announced the changes this morning: Economic Development Minister Jim Wilson, Labour Minister Laurie Scott and Training, Colleges and Universities Minister Merrilee Fullerton.

"We need to create an environment where businesses can grow and create good jobs," Wilson told reporters. "We have a real problem in Ontario with the high cost, delays and lost business associated with burdensome regulations."

Business groups such as the Ontario Chamber of Commerce and the Retail Council of Canada have been urging the Ford government to take away the new sick day and pay equity protections granted to Ontario workers this year.

On Tuesday, Ontario Chamber of Commerce chief executive Rocco Rossi said Bill 148 was a case of "too much, too fast."

In a statement, he said: "The compounding labour reforms and unintended consequences came at too high a cost to Ontario's economy. We are absolutely thrilled that the Government of Ontario is holding strong in its commitment to keep Ontario open for business."

Labour unions, however, were not enthused about the new bill.

'An enemy of workers'

"We've known for a long time that Doug Ford is no friend of workers, and with today's announcement he's proven exactly that," Chris Buckley, president of the Ontario Federation of Labour, said during a news conference at Queen's Park.

"In fact, he's proven he's an enemy of workers."

The Elementary Teachers' Federation of Ontario (ETFO) said the changes to labour laws will adversely affect precarious workers, such as occasional teachers.

"Ontario's economy is not going to grow when 40 per cent of working people do not have disposable income to fuel the economy nor the stability to feed their families," ETFO president Sam Hammond said in a statement.

"We've seen time and time again that 'open for business' really means that corporations and businesses get to operate carte blanche while suppressing wages and benefits needed by workers to survive."

Open for business

During his run for the Progressive Conservative leadership and during the election campaign, Ford frequently promised to put a neon sign at the border with the U.S. declaring Ontario open for business.

The PC government has already indicated it will not proceed with the scheduled increase in the minimum wage to $15 an hour on Jan. 1, instead freezing it at $14. Tuesday's announcement included word that the government will freeze the minimum wage until October 2020, with subsequent increases tied to inflation.

Rolling back previous hikes would be "immensely unfair to Ontario workers," said Labour Minister Laurie Scott.

But, she went on, "Ontario workers and businesses deserve a minimum wage determined by economics, not politics."

The bill unveiled Tuesday also repeals changes to the Labour Relations Act that had made it easier for workers in various sectors to join a union.

The bill will also make changes to how skilled trades are governed in the province designed to "address the backlog" in the system, including scrapping the Ontario College of Trades, which governs apprenticeships in Ontario.

The province would replace the college with a new model for the regulation of skilled trades and apprenticeships by early 2019.

About one in five new jobs in Ontario are expected to be trades-related positions, the Ford government said in its eight-page release. But employers are facing barriers to getting the skilled workers they need, the statement went on, so changes are coming to the ratios of journeyperson to apprentice in trades that are subject to ratios, putting it at one-to-one. 

Wilson said Tuesday the PC government is working to reverse a "tsunami" of regulations by the previous Liberal government that brought unnecessary costs to businesses and stymied economic growth.

"We must get government out of the way of our job creators," Wilson said.

참고자료:

더그 포드 주정부의 '노동법' 개악안

	NEWS
Ministry of Labour

 

 

Open for Business: Removing Burdens While Protecting Workers

October 23, 2018 11:40 A.M.

 

Ontario is open for business: the government is acting to bring jobs and investment back to our province by lightening the burden on business and making sure that hard work is rewarded.  

The proposed Making Ontario Open for Business Act would remove the worst burdens that prevent Ontario businesses from creating jobs while expanding opportunities for workers.

The government is proposing to repeal amendments made by the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) that are causing employers the most concern and unnecessary burden. 

The government undertook a thorough review of Bill 148 with consideration given to the impacts on Ontario's job creators and the opportunities for vulnerable workers. As part of this review dozens of employers and labour unions were consulted, and every clause of Bill 148 was considered with an eye to its impact on job creation in Ontario.

If the legislation passes, the amendments that would be repealed include:

Employment Standards Act, 2000 (ESA)

Minimum Wage

• Keeping the minimum wage at $14 on January 1, 2019.
• Not rolling back any previous minimum wage increase.
• Establishing a 33-month pause in minimum wage increases with annual increases to the minimum wage, tied to inflation, to restart in 2020.
• 
  

Scheduling

• Repealing the following scheduling provisions that will come into force on January 1, 2019:
• Right to request changes to schedule or work location after an employee has been employed for at least three months.
• Minimum of three hours' pay for being on-call if the employee is available to work but is not called in to work, or works less than three hours.
• Right to refuse requests or demands to work or to be on-call on a day that an employee is not scheduled to work or to be on-call with less than 96 hours' notice.
• Three hours' pay in the event of cancellation of a scheduled shift or an on-call shift within 48 hours before the shift was to begin.
• The record-keeping requirements that relate to the above-noted scheduling provisions.
• 
  

Three Hour Rule

• Modifying and moving the existing three-hour rule to a new section of the ESA. Where an employee who regularly works more than three hours a day is required to report to work, but works less than three hours, the employee would be paid for three hours. 

Personal Emergency Leave

• Replacing the previous government's disastrous Personal Emergency Leave reforms with a straightforward package of annual leave days for every worker. 
• Enshrining, for the first time in Ontario's history, the right of every worker to take up to three days for personal illness, two for bereavement and three for family responsibilities - in line with what workers receive in Alberta.
• Preserving the right of every worker in Ontario to receive three weeks of paid vacation after five years.
• Protecting current paid leave provisions for cases of domestic and sexual violence affecting an employee or an employee's child.
• Repealing the provision that prohibits employers from requiring an employee to provide a medical note from a qualified health practitioner. Employers would have the right to require evidence of entitlement to the leave that is reasonable in the circumstances (e.g., a note from a qualified health practitioner).
• 
  

Public Holiday Pay

• Repealing the averaging public holiday pay formula prescribed by Bill 148 and return to the previous prorating public holiday pay formula.

Misclassification

• Repealing the requirement for the employer to prove that an individual is not an employee ("reverse onus") where there is a dispute over whether the individual is an employee.

Equal Pay for Equal Work

• Repealing equal pay for equal work on the basis of employment status (part-time, casual, and temporary) and assignment employee status (temporary help agency status).
• Maintaining the requirement for equal pay on the basis of sex.

Sheltered Workshops

• Delaying the January 1, 2019 repeal of the exclusion from the ESA of individuals who perform work in a simulated job or working environment if the primary purpose is the individual's rehabilitation. The repeal would instead come into force on proclamation.

Penalties for Contravention

• The government is returning to the previous administrative penalties for contraventions of the ESA by decreasing the maximum penalties from $350/$700/$1500 to $250/$500/$1000, respectively.

Labour Relations Act (LRA)

The government is proposing the following changes to the LRA:

Card-based Certification

• Repealing the rules that forced card-based certification on the workers in home care, building services, and temporary help agencies. Instead the government will preserve the right of these workers to vote through a secret ballot.

Employee Lists

• Protecting Ontarians' privacy and personal information by repealing the rules that forced an employer to hand over their employees' personal information to a union, even if only 20% of the workers showed interest in joining a union.

Remedial Certification

• Reinstating pre-Bill 148 test and preconditions for the OLRB to certify a union as remedy for employer misconduct.
• Requiring the OLRB to determine whether a vote or new vote would be a sufficient remedy, or whether the only sufficient remedy would be to certify the union.

Successor Rights

• Repealing the regulation-making authority to expand successor rights to contract tendering for publicly-funded services such as homecare.

Structure of Bargaining Units

• Repealing the power of the OLRB to review and consolidate newly certified bargaining units with existing bargaining units.
• Empowering the OLRB to review the structure of bargaining units where the existing bargaining units are no longer appropriate for collective bargaining.

Return-to-work Rights

• Returning to the six month limitation on an employee's right to reinstatement following the start of a strike or lock-out.

First Collective Agreement Mediation and Mediation-Arbitration

• Repealing the Bill 148 first collective agreement mediation and mediation-arbitration provisions and provisions for educational support.
• Reinstating pre-Bill 148 conditions for access to first agreement arbitration (where it appears to the OLRB that collective bargaining has been unsuccessful for specified reasons).
• 
  

Fines

• Returning to the previous maximum fines for offences under the LRA by decreasing the fines from $5,000 to $2,000 for individuals and from $100,000 to $25,000 for organizations.

Streamlining and Improving Processes

• Expanding and recognizing alternative means of communications under the Act (e.g., facsimile, e-mail) for various types of documents, and deeming the time of the release or receipt of the document.
• 
  
• Allowing the OLRB to make rules to expedite certain proceedings without the requirement of an order of the Lieutenant Governor in Council to establish a coming-into-force date for the rule.
• 
  
• Facilitating and requiring the publication of documents (collective agreements and arbitration awards) filed with the Minister, including publication on Government website. 
• 
  

 

Simon Jefferies Premier’s Office Simon.Jefferies@ontario.ca Christine Bujold Minister’s Office 416-325-6955 Janet Deline Communications Branch 416-326-7405

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