By Guy Davidov, Brian Langille
Exertions legislations has continuously been preoccupied with limitations. possible both be an 'employee' or now not, an 'employer' or no longer, and the reply dictates who comes in the scope of work legislations, for greater or worse. yet such divisions have constantly been tricky, and lately their shortcomings became ever extra suggested. The proliferation of latest paintings preparations and heightened worldwide pageant has uncovered a world-wide quandary within the legislation of labor. it's for that reason well timed to re-assess the belief of work legislation, and the recommendations, particularly, the age-old differences which are used to delimit the sector. This number of essays, by way of top specialists from around the globe, explores the frontiers of our realizing of work legislations itself.
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Extra info for Boundaries And Frontiers of Labour Law: Goals And Means in the Regulation of Work
There are many places where the Supreme Court of Canada has articulated this narrative, often piecemeal. But a very comprehensive rendition of the whole narrative can be found in the following words of Madame Justice Wilson: Collective bargaining is a mechanism by which individual employees come together and form a union to represent their interests. The whole purpose of unionization is to strengthen the position of these employees in order to offset the countervailing power of employers. Rather than simply enacting legislation aimed solely at protecting individual workers by controlling employer abuses (eg minimum wage, occupational health and safety, and workers’ compensation legislation), government established our current regime of collective bargaining.
For me this is clearly the case at the level of domestic labour law. First, it is evident that employment, and adjusting for power inequalities in the negotiation of contracts of employment, cannot do all of the heavy lifting required to address the phenomenon of ‘informality’. Secondly, many at this meeting have made the case that in the developed world changes in the model of employment have created a new reality which our existing modes of thinking have failed to keep step with. The ideas in the Supiot report, for example that we need to re-think our attachment to the contract of employment as our central mechanism (or ‘platform’), and employees and employers as our conceptual ‘building blocks’, are correct.
It is precisely the question Laskin believed he had an answer to when making his claim on behalf of the autonomy of Canadian labour law. But in what does, and did, Laskin’s claim actually consist? What must be true of our chunk of reality and the law which applies to it, for us to be able to say we have good reason to carve here? Comprehensiveness is not enough. We could, I assume, make comprehensive lists of all the laws applying to anything or any action we see when we look out the window. ’.