Temp agencies prey on the most vulnerable workers in the economy. Agency workers often do the hardest physical work, with the fewest alternatives, for the lowest wages, and they are by far the easiest employees to terminate. There is legal confusion about who their employer is with agencies and employers both playing the shell game to full advantage, so that employees are afraid to exercise even their most basic employment rights for fear of summary dismissal and blacklisting.

These agencies have proliferated like fungus over the past ten or fifteen years and have taken over more and more of the pool of general labour jobs. It is often very difficult now for unskilled workers to find work outside of the agencies. To make matters worse, while years ago there was an expectation that if a temp worked hard, he or she could expect to be taken on as a permanent employee, that is no longer the case as many jobs are permanently staffed by temps.

If a temp gets hurt at work, there is special language in the WSIB's policies that helps to protect both the agency and the employer from the obligation to bring the injured worker back to work, as would be required in any normal employment situation.

I received this notice on email today:

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Treated like second class workers - not getting public holiday pay, vacation pay and having to pay fees for work only to be denied access to permanent work. These are just some of the conditions facing temp agency workers who make 40% less then permanent workers. That is why the Workers’ Action Centre has been calling on the government to take action on temp agency work and all precarious work that leave all too many working yet poor.

The Ontario government has responded. On May 21, 2008, Labour Minister Duguid released "A Consultation Paper on Work through Temporary Help Agencies." In this paper, the government says it is "committed to ensuring that employees working through temporary help agencies are properly protected under the law."

The government wants responses on some of the key issues facing temp agency workers:

· Public holiday pay for temp agency workers
· Who’s responsible when temp agency workers don’t get their pay or other employment rights
· Barriers to permanent employment
· Fees charged to workers by agencies
· Ensuring workers get information about assignments.

The deadline for response is July 7, 2008.

Much is at stake. Winning real improvements on these issues would bring significant gains for temp agency workers. Making both the company and the agency responsible for employment standard violations would be a huge step forward in recognizing that temp workers have two mployers. This would enable workers to better enforce their rights. Stopping fees and barriers to employment and ensuring temp workers get public holiday pay like everyone else would bring fairness that is long over due. But there is more we need to push for - equality between temp agency workers and permanent workers is just one of the issues not raised.

What can you do?

1) Make a submission.

Let the government know how temporary workers in your community and workplaces need effective labour laws that are enforced. We will send out more information on the consultation paper and our response shortly. If you need help drafting your submission, contact the Workers’ Action Centre. Please feel free to use the Workers’
Action Centre brief. It will be available June 6th on our website - www.workersactioncentre.org

You can find additional information on temp agency work in our report, Working on the Edge, found on the website. Please send WAC a copy of your submission - [email protected]

Deadline for submission: July 7, 2008. Details on submissions are provided below.

2) Join WAC in preparing for a Bill on temp agency work this fall.

Contact Deena Ladd or Sonia Singh at the Workers’ Action Centre 416-531-0778 to find out more.

3) Join the Ontario Workers Need a Fair Deal campaign.

We need to ensure that any changes brought in for temporary agency workers not only protect temp agency workers but also help move the struggle forward to protect people in low wage and precarious work. Hiring workers indirectly through temporary help agencies is just one of the ways that employers are looking to shift the costs and liabilities of employment to people who least can afford it. Workers who are in other forms of precarious work also need to be protected from violations and have access to statutory benefits. We must use the consultation paper and any Bill on temp work to win improvements and build momentum to expand employment standards to protect all workers and improve enforcement.

For further information:

Deena Ladd, Workers’ Action Centre,
416-531-0778 ext 222
[email protected]

Sonia Singh, Workers’ Action Centre,
416-531-0778 ext 221
[email protected]

How to Respond to Consultation Paper

To view the consultation paper,
http://www.labour.gov.on.ca/english/about/consultation/tempagencies/index.html

Comments on the Consultation Paper must be provided by July 7, 2008
to:

Temporary Help Agency Employees Project
400 University Ave, 12th Floor
Toronto, ON M7A 1T7
Fax: 416-314-5855 Attn: Temporary Help Agency Employees Project
Email: [email protected]

Don't have time to draft a submission? Take a look at the WAC brief and send a letter to the government saying you endorse WAC’s brief. After that we hope to see changes brought forward in legislation this fall.

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