A Better Approach

It's time to modernize our laws  

Today in Canada, 22 per cent of working people have jobs that are either part-time, temporary, or both. Close to three million Canadians work in these jobs. As the economy slows, the proportion of part-time and temporary jobs tends to grow. In September 2008, Canada's economy created 107,000 jobs - but 97,000 of them were part-time.

Of course, some Canadians prefer to work part-time or on short-term contracts. But many more are underemployed, working too few hours at jobs that pay too little to meet their needs. In a recent Canada-wide survey, 40 per cent of part-time workers said they would rather be working full-time.

Many part-time workers struggle to get enough hours to survive. Thousands travel hundreds of hours per year – unpaid - between two, three, or even four jobs. Part-timers and temp workers want the security of a full-time job for two main reasons: because they need more hours, and because full-time jobs pay better.

In a 2005 study , Statistics Canada found that:

• Contract workers earn 8 per cent less per hour than full-timers doing the same job;
• Casual workers earn 24 per cent less;
• Seasonal workers earn 28 per cent less; and Temporary agency workers earn 40 per cent less.

Clearly, part-time and temp workers in Canada face discrimination in the workplace - just because they are part-time or temporary. In the European Union, this would be illegal.

Europe's Approach

"In respect of employment conditions, part-time/fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers"

The European Union is governed in part by EU directives. When the European Parliament approves a directive, member countries have up to five years to comply with the directive. Normally this means passing  new national laws.

In the late 1990s, the EU approved two directives covering workers in part-time jobs and temporary contract ("fixed term") positions. The principle of non-discrimination  is the basis for both the 1997 directive on part-time work and the 1999 directive on fixed-term work . The language of both directives (Clause 4) is the same: "In respect of employment conditions, part-time/fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they work part-time/have a fixed-term contract or relation unless different treatment is justified on objective grounds."

In September 2008, the EU passed a similar directive on temporary agency work. Article 5.1 of the directive states: "The basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking [employer] to occupy the same job."

For more information on temporary agency workers in Europe, visit http://www.precariouswork.eu/. 

Over the last three decades, the Netherlands in particular has been a world leader in protecting the rights of non-full-time workers. The Dutch constitution  (Article 1) states that "All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted." The "any other grounds" include a person's work status as a part-time, temporary, or temp agency worker. Several Equal Treatment laws spell out specific protections for Dutch workers.

By making part-time and temporary jobs just as desirable as full-time jobs (for hours worked), the Dutch approach helps people work the number of hours they actually want to. The Netherlands has the highest percentage of part-time workers in Europe - but the lowest percentage of involuntary part-time workers. In the Netherlands, part-time work is part of the mainstream job market. It is not limited to lower-paying "marginal" jobs.

The Adjustment of Hours Law (2000) helps Dutch workers vary the number of hours they work at different periods in their lives. Under the "life course" model, Dutch workers may opt to work fewer hours per week when they have young children, work full-time in the middle of their careers, and reduce their hours to ease into retirement. People who want to work full-time are more able to work part-time; people who want to work part-time are more able to work part-time.

It's time for change

Sign our petition 

Right across Canada, employers are able to cut their wage and benefit costs by paying part-time and temporary workers less. Only two provinces - Saskatchewan and Quebec  - offer even partial protection to these workers.

It's time to modernize our laws. Click here to sign a petition in favour of equal pay for equal work. Click here  to find out what other organizations are doing in the fight for good jobs in Ontario.