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Full-Text Articles in Law
Essential Jobs, Remote Work And Digital Surveillance: Addressing The Covid-19 Pandemic Panopticon, Antonio Aloisi, Valerio De Stefano
Essential Jobs, Remote Work And Digital Surveillance: Addressing The Covid-19 Pandemic Panopticon, Antonio Aloisi, Valerio De Stefano
Articles & Book Chapters
COVID-19-induced digital surveillance has ballooned in an unprecedented fashion, causing a reconfiguration of power relationships in professional settings. This article critically concentrates on the interplay between technology-enabled intrusive monitoring and the managerial prerogatives augmentation in physical and digital workplaces. It portrays excessive control as the common denominator for “essential” and “remotable” activities, besides discussing the various drawbacks of the two categories of workers during the pandemic. It also assesses the adequacy of the current EU legal framework in addressing the expansion of data-driven management. Social dialogue, empowerment and digital literacy are identified as effective solutions to promote organisational flexibility, well-being …
Collective Representation And Bargaining For Self-Employed Workers: Final Report, Sara Slinn
Collective Representation And Bargaining For Self-Employed Workers: Final Report, Sara Slinn
Commissioned Reports, Studies and Public Policy Documents
This report seeks to identify and discuss feasible models for collective representation and bargaining for self-employed contractors in the federal jurisdiction. The term “self-employed contractors” refers to workers who would be classified as “independent contractors” under the Canada Labour Code (CLC) Part I and, consequently, be excluded from the ambit of CLC collective representation and bargaining provisions. The study utilizes fieldwork, in the form of interviews and focus group discussions, in four sectors of interest, namely, road transportation, broadcast media, technology, and telecommunications, in order to explore and assess potential models for statutory collective representation and bargaining for self-employed workers. …
Flawed By Design?: A Case Study Of Federal Enforcement Of Migrant Workers’ Labour Rights In Canada, Sarah Marsden, Eric Tucker, Leah F. Vosko
Flawed By Design?: A Case Study Of Federal Enforcement Of Migrant Workers’ Labour Rights In Canada, Sarah Marsden, Eric Tucker, Leah F. Vosko
Articles & Book Chapters
Although Canada's migrant labour programs are seen by some as models of best practices, rights shortfalls and exploitation of workers are well documented. Through migration policy, federal authorities determine who can hire migrant workers and the conditions under which they are employed, through the provision of work permits. Despite its authority over work permits, the federal government has historically had little to do with the regulation of working conditions. In 2015, the federal government introduced a new regulatory enforcement system -unique internationally for its attempt to enforce migrants' workplace rights through federal migration policy -under which employers must …
The Futility Of Mandatory Arbitration Clauses In Canada: Putting The Last Nail In The Coffin, Eric Tucker
The Futility Of Mandatory Arbitration Clauses In Canada: Putting The Last Nail In The Coffin, Eric Tucker
Articles & Book Chapters
At issue in the Supreme Court of Canada's recent decision in Uber Technologies was the ability of platform operators to rely on mandatory arbitration clauses in their contracts with platform workers to avoid judicial enforcement of statutory employment rights -in this case, the Ontario Employment Standards Act. The Supreme Court agreed that the clause in question was unconscionable and therefore invalid, but declined to comment on whether it was, in addition, an illegal contracting-out of the Act's provisions. However, the Court's ruling does little to resolve the larger question of what legal space exists for mandatory arbitration …
Exploring Sectoral Solutions For Digital Workers: The Status Of The Artist Act Approach, Sara Slinn
Exploring Sectoral Solutions For Digital Workers: The Status Of The Artist Act Approach, Sara Slinn
Articles & Book Chapters
Digital workers have not had significant success in securing conventional forms of collective workplace representation, particularly statutory collective bargaining. This article examines an established sectoral bargaining statute, the Status of the Artist Act (SOA), as a possible model for collective bargaining legislation that is better suited to regulating digital work than the Wagner Act model (WAM) of labor legislation. Key features of the WAM labor legislation pose significant barriers for digital worker organizing. First, the necessity for applicant unions to demonstrate a threshold level of support among workers requires applicants to accurately estimate the number of workers in the proposed …