'Troqueros' Mobilize for May Day Shutdown

Total Page:16

File Type:pdf, Size:1020Kb

'Troqueros' Mobilize for May Day Shutdown Zimbabwe workers win Interview: Tom Morello is Coke workers launch New column: Workers court case, face violence a One Man Revolution global protest to fight Power asks Wherefore art 3 8 3,500 job cuts 11 thou supervisor? 13 IndustrialO F F I C I A L N E W S P A P E R O F THE INDUSTRIAL Worker W O R K E R S O F T H E W O RLD May 2007 #1695 Vol. 104 No. 5 $1.00 / 75p LA ‘troqueros’ mobilize for May Day shutdown By Gideon Dev, IWW Los Angeles GMB Truckers are employees ing companies. They have no collective through the Port of LA/LB and are Truckers in the Port of Los Ange- The drive for action by the troqueros contract and no legal right to collective hauled out by troqueros. Many workers les/Long Beach (LA/LB) are mobilizing troqueros (the Spanish word for truck- bargaining. in the ports –not just troqueros– have to repeat last May Day’s shut down, ers) this year is that they, as workers The situation facing port truckers no union and no say. Of the 25,000 when over 90 per cent of trucks stayed who drive international trade, are being is particularly striking in Los Angeles. odd longshoremen on the West Coast, off the road. The action, led by the port’s exploited. The fiction of troqueros be- West Coast ports unload over 80 per 14,000 are ILWU—9,400 members predominantly Latino workforce, was a ing “owner-operators” or “independent cent of all Asian cargo to the United and roughly 4,000 non-members who show of solidarity with the immigrant contractors” instead of carrier and port States. At times, half this traffic passes Troqueros continued on 13 rights movement and an expression of employees is the key to this exploitation. shop floor anger over work conditions. While the trucking companies or carriers The shutdown gave credibility to the keep most of the money paid by shippers protests that shook Los Angeles and to have freight hauled, the truckers who Starbucks violated IWW the country as the single largest day of do the work only scrape by after paying protest in US history so far. their expenses. Despite this success and stop- Troqueros’ labor, the hauling of workers’ rights, says NLRB ping a reactionary anti-immigrant bill freight to and from the ports and distri- The United States’ (HR4437) from becoming law, the bution centers, is what makes money for National Labor Relations immigrant rights movement has not the trucking companies and makes “just Board (NLRB) on March been enough of an organized response in time” distribution possible. Troque- 30 accused Starbucks of repeatedly breaking the law in an effort to crush The impetus for action among the the IWW Starbucks troqueros this year is [...] a direct Workers Union. Responding to the reaction to conditions of exploitation. union’s complaints, the board’s Manhattan regional office found that the company violated to pressing immigrant concerns. The ros haul two to three loads per day all federal labor law at least momentum of last spring was lost by week to make what amounts to poverty 30 times at four of its summer, allowing the corporate elite and income. Instead of paying for each hour New York City coffee their partners in the US government and worked, carriers pay by the mile or by shops. Democratic Party to pass a similar bill each trip. They don’t pay the drivers for Starbucks illegally (S2611) as well as the bi-partisan ‘Secure all the time spent loading and unloading retaliated against the Fence Act of 2006’. Immigration and containers, waiting in ports or intermo- union by firing two pro- Customs Enforcement (ICE) has contin- dal yards, stuck in delays or in doing union workers, threat- ued its highly publicized mass raids, in paperwork. They certainly don’t pay ening to fire another effect trying to pressure the US Congress for the trucks, maintenance and repair, worker and giving unfair to approve bracero-like guest worker insurance or the rising costs of diesel negative performance programs. fuel. Benefits such as healthcare, social evaluations to several The call for a second ‘Great Ameri- security, workers compensation, disabil- other employees suspect- can Boycott’ on May Day was made ity, unemployment insurance are paid ed of union sympathies, at the March 25 Coalition’s National for by the troqueros. according to the NLRB. Conference for Immigrant Rights. As a Shielded by an elaborate veil of con- The board also coalition member, the LA GMB proposed tractors and subcontractors, the Pacific IWW supporters picket Starbucks shareholder meeting in Seattle. found that management a May Day shutdown to the port truckers Maritime Association (PMA), a coali- had illegally questioned with a call for solidarity from all related tion of shippers and terminal operators false allegation that he had threatened workers about their support of the union industries. As of this writing, the truck- who control West Coast ports, has long District Manager Allison Marx at a union and banned workers from discussing ers have responded positively. They are claimed that troqueros are independent rally. Gross said he was simply express- the union during their breaks. Starbucks encouraged by the International Long- contractors who, under the Sherman ing solidarity when he urged Marx not even discriminated against pro-union shore and Warehouse Union (ILWU) Anti-Trust Act, cannot press for their to fire a co-worker. Now the NLRB has workers in its selective enforcement of locals in San Francisco and Seattle, who collective rights as workers. This denial sided with Gross and Joe Agins, also the company’s dress code and jewelry resolved not to work on May Day. The of employee status is maintained despite fired for union activity. policy. ILWU resolutions highlighted both the the facts that truckers work directly in “Starbucks left the rule of law behind Together these charges paint a clear LA GMB’s own involvement in last year’s the port, are issued a security permit when the union campaign started in picture of a deliberate strategy by the May Day shutdown and the current ef- to do so, and the terminal operators 2004 and according to this complaint company to use any means possible to forts of the March 25 Coalition. exercise sufficient control and direc- has yet to return. It’s remarkable that obstruct its workers’ right to organize tion over their work to be considered our union is growing stronger everyday a union. Despite abundant evidence of joint-employers alongside the truck- despite an almost three year campaign wrongdoing, Starbucks is contesting all of illegal dirty tricks to defeat us,” said charges. Industrial Worker Gross in an April 3 press release. Periodicals Postage “We believe the allegations are PO Box 13476 Gross told the New York Times that PAID baseless, and we will vigorously defend the “NLRB’s complaint illustrates that Philadelphia, PA 19101 ourselves,” Starbucks spokesperson Philadelphia, PA this is a company with a profound disre- Valerie O’Neil told the New York Times. ISSN 0019-8870 and additional spect for workers’ rights. Any idea that mailing offices The company will have to defend itself this was just a few bad apples is belied ADDRESS CORRECTION REQUESTED against the charges before an adminis- by the fact that the NLRB accused more trative law judge. If Starbucks is found than ten Starbucks officials of illegal guilty, they could be forced to re-hire the activities.” two fired organizers and post a public This is not the first time that Star- notice that it will not engage in illegal, bucks has been in trouble for union- anti-union activities. The trial is set for busting. June 12 in Manhattan. In March 2006, Starbucks settled a Daniel Gross is one of the organiz- number of serious grievances with the ers the board said Starbucks illegally IWW, agreeing to re-hire two workers, fired. A three-year employee and tireless stop anti-discriminatory practices and union activist, Gross was sacked by the pay nearly $2,000 in back wages. Subscribers: The number (top line of label ) reflects the last issue due on your subscription. company in August 2006, following a Page • Industrial Worker • May 2007 Detroit’s Traveling Wobbly Kitchen etarian meals for those who prefer to Jim Abbott, Detroit Branch, IWW Who do we cook for? Striking/locked go meatless. Soups, salads, and sweet Towards the end of the new book, out workers, old reds, war protesters, treats. Breads and bagels. Cheese and The Industrial Workers of the World: immigrant rights groups & civil rights crackers and cookies and fruit cups. And It’s First 100 Years, FW Jon Bekken organizations; all those that fight for the always plenty of coffee; hot, steaming makes two mentions of the Detroit idea of social justice. We do fundraisers coffee. Branches traveling “soup kitchen.” I for worker support associations such as Nothing fancy mind you, but good Dear Editors, am a proud member of same, and yes, Jobs With Justice, for leftist publica- food and plenty of it. After all, you can’t indeed, we are still going strong, having tions like the Fifth Estate, and we lend overthrow the capitalist system on an Thank you so much for printing the been called into action three times in the a Red-and-Black helping hand to those empty stomach. article by Erik Davis entitled “Raising a first two months of 2007. involved in the local labor artist scene; We’re fairly well know in the lo- Working Class Culture.” We started off in January, where we, namely, the Detroit Worker/Writer and cal lefty scene ‘round these parts, & I am a preschool teacher and I see along with the good, radical folks from Arts Festival.
Recommended publications
  • Markets Not Capitalism Explores the Gap Between Radically Freed Markets and the Capitalist-Controlled Markets That Prevail Today
    individualist anarchism against bosses, inequality, corporate power, and structural poverty Edited by Gary Chartier & Charles W. Johnson Individualist anarchists believe in mutual exchange, not economic privilege. They believe in freed markets, not capitalism. They defend a distinctive response to the challenges of ending global capitalism and achieving social justice: eliminate the political privileges that prop up capitalists. Massive concentrations of wealth, rigid economic hierarchies, and unsustainable modes of production are not the results of the market form, but of markets deformed and rigged by a network of state-secured controls and privileges to the business class. Markets Not Capitalism explores the gap between radically freed markets and the capitalist-controlled markets that prevail today. It explains how liberating market exchange from state capitalist privilege can abolish structural poverty, help working people take control over the conditions of their labor, and redistribute wealth and social power. Featuring discussions of socialism, capitalism, markets, ownership, labor struggle, grassroots privatization, intellectual property, health care, racism, sexism, and environmental issues, this unique collection brings together classic essays by Cleyre, and such contemporary innovators as Kevin Carson and Roderick Long. It introduces an eye-opening approach to radical social thought, rooted equally in libertarian socialism and market anarchism. “We on the left need a good shake to get us thinking, and these arguments for market anarchism do the job in lively and thoughtful fashion.” – Alexander Cockburn, editor and publisher, Counterpunch “Anarchy is not chaos; nor is it violence. This rich and provocative gathering of essays by anarchists past and present imagines society unburdened by state, markets un-warped by capitalism.
    [Show full text]
  • The Contract As Social Artifact Mark C. Suchman
    91 The Contract as Social Artifact Mark C. Suchman This article outlines a distinctive, albeit not entirely unprecedented, research agenda for the sociolegal study of contracts. In the past, law and society scholars have tended to examine contracts either through the intellectual history of contract doctrine ‘‘on the books’’ or through the empirical study of how real-world exchange relations are governed ‘‘in action.’’ Although both of these traditions have contributed greatly to our understanding of contract law, neither has devoted much attention to the most distinctive concrete product of contractual transactionsFcontract documents themselves. Without denying the value of studying either contract doctrine or relational governance, this article argues that contract documents are independently interesting social artifacts and that they should be studied as such. As social artifacts, contracts possess both technical and symbolic properties, and the sociolegal study of contract-as-artifact can profitably apply prevailing social scientific theories of technology and symbolism to understand both: (1) the microdynamics of why and how transacting parties craft individual contract devices, and (2) the macrodynamics of why and how larger social systems generate and sustain distinctive contract regimes. Seen in this light, the microdynamics of contract implicate ‘‘technical’’ theories of transaction cost engineering and private lawmaking, and ‘‘symbolic’’ theories of ceremony and gesture. In a parallel fashion, the macrodynamics of contract implicate ‘‘technical’’ theories of innovation diffusion, path dependence, and technology cycles, and ‘‘symbolic’’ theories of ideology, legitimacy, and communication. Together, these micro and macro explorations suggest that contract artifacts may best be understood as scripts and signalsFcollections of symbols designed to yield technically efficacious practical action when interpreted by culture-bearing social actors within the context of preexisting vocabularies and conventions.
    [Show full text]
  • Law-And-Economics Approaches to Labour and Employment Law Stewart J
    Cornell University Law School Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 3-2017 Law-and-Economics Approaches to Labour and Employment Law Stewart J. Schwab Cornell Law School, [email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Labor and Employment Law Commons, and the Law and Economics Commons Recommended Citation Stewart J. Schwab, "Law-and-Economics Approaches to Labour and Employment Law," 33 International Journal of Comparative Labour Law and Industrial Relations (2017) This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Law-and-Economics Approaches to Labour and Employment Law * Stewart J. SCHWAB This article describes the distinctive approaches that law and economics takes to labour and employment law. The article distinguishes between ‘economic analysis of law’ and ‘law and economics’, with the former applying economic models to generally simple legal rules while the latter blends messier institutional detail with legal and economic thought. The article describes three eras of law-and-economics scholarship, recognizing that economics teaches that markets work and markets fail. Era One emphasizes that labour laws and mandatory employment rules might reduce overall social welfare by preventing a benefit or term from going to the party that values it most highly. Era Two emphasizes that labour and employment laws might enhance overall social welfare by correcting market failures arising from monopsony power, externalities, public goods, asymmetric information, information-processing heuristics, and internal labour markets.
    [Show full text]
  • International Support for Starbucks Workers
    NLRB strips more In November We Remember workers of labor rights workers’ history & martyrs Working “supervisors” lose IWW founder William Trautmann, right to unionize, engaged in Brotherhood of Timber Workers, concerted activity on job 4 Victor Miners’ Hall, and more 5-8 Industrial International support for Starbucks workers As picket lines and other actions reach new Starbucks locations across the United States and the world every week, the coffee giant has told workers it is raising starting pay in an effort to blunt unionization efforts. In Chicago, where workers at a Logan Worker Square store demanded IWW union recogni- tion August 29, Starbucks has raised starting pay from $7.50 an hour to $7.80. After six months, Chicago baristas who receive favor- able performance reviews will make $8.58. Picket lines went up at Paris Starbucks OFFICIAL NEWSPAPER OF THE In New York City, where Starbucks or- anti-union campaign. UAW Local 2320 in ganizing began, baristas will make $9.63 an Brooklyn has told Starbucks that its members INDUSTRIAL WORKERS OF THE WORLD hour after six months on the job and a favor- will not drink their coffee until the fired November 2006 #1689 Vol. 103 No. 10 $1.00 / 75 p able performance review. Senior baristas will unionists are reinstated. Several union locals, receive only a ten-cent raise to discourage student groups and the National Lawyers long-term employment. Similar raises are Guild have declared they are boycotting Star- being implemented across the country. bucks in solidarity with the fired workers. Talkin’ Union Meanwhile, the National Labor Relations In England, Manchester Wobblies pick- B Y N I C K D R I E dg ER, WOBBLY D ispatC H Board continues its investigation into the fir- eted a Starbucks in Albert Square Sept.
    [Show full text]
  • Does Labour Law Need Philosophical Foundations? (Introduction)
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2018 Does Labour Law Need Philosophical Foundations? (Introduction) Hugh Collins Oxford University All Souls College, [email protected] Gillian L. Lester Columbia Law School, [email protected] Virginia Mantouvalou University College London, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Labor and Employment Law Commons, Law and Philosophy Commons, and the Law and Politics Commons Recommended Citation Hugh Collins, Gillian L. Lester & Virginia Mantouvalou, Does Labour Law Need Philosophical Foundations? (Introduction), PHILOSOPHICAL FOUNDATIONS OF LABOUR LAW, HUGH COLLINS, GILLIAN LESTER & VIRGINIA MANTOUVALOU, EDS., OXFORD UNIVERSITY PRESS, 2018 (2018). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2534 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Introduction: Does Labour Law Need Philosophical Foundations? Hugh Collins,* Gillian Lester** and Virginia Mantouvalou*** Philosophical foundations of labour law is emerging as a new field of scholarship. As far as we know, a book on this subject has not yet been published, though in recent years several exploratory articles and book chapters have directly addressed the theme.1 In addition, some monographs that engage with philosophy have examined aspects of labour law such as dismissal, the statutory minimum wage, freedom of association, recognition of trade unions for the purpose of collective bargaining, and the right to work.2 Building on those initiatives, this collection of essays tries to develop a philosophical perspective on the subject of labour law as a whole.
    [Show full text]
  • Collective Power and Individual Rights in the Collective Agreement •Fi a Comparison of Swedish and American
    THE YALE LAW JOURNAL VOLUME 72 JANUARY 1963 NUMBER 3 COLLECTIVEPOWER AND INDIVIDUALRIGHTS IN THE COLLECTIVEAGREEMENT-A COMPARISON OF SWEDISHAND AMERICANLAW CLYDEW.SUMMERSt ONE of the central problems inherent in collective bargaining is defining the relative rights of the individual and the organizations in fixing and enforcing the terms and conditions of employment. Both Sweden and the United States have confronted this problem in its most insistent form, for in both countries government relies upon free collective bargaining as an instrument for regulat- ing the labor market. Both countries by statute protect the right to organize and bargain collectively; both require recognition of unions and compel nego- tiations; and both make collective agreements legally enforceable. This public reliance on collective bargaining and legal protection of its processes imposes on the law a pressing obligation to define the status of the individual under the collective agreement. Both countries have rejected the simple solution of giving the organization total dominance and wholly submerging the individual. Deeply rooted beliefs in the importance of the individual, and the desire to preserve for him some measure of independence have compelled the law to confront the difficult prob- lem of accommodating the rights of the individual and the rights of the collec- tive parties. The efforts in the two countries to resolve this problem provide interesting parallels and contrasts which illuminate the problem and suggest the range of possible solutions. In the United States, the dominant pattern of collective bargaining, and the stereotype on which the law is built, is bargaining between a union and a single employer.' The problem of individual rights is therefore conceived solely in tProfessor of Law, Yale Law School.
    [Show full text]
  • Revolution by the Book
    AK PRESS PUBLISHING & DISTRIBUTION SUMMER 2009 AKFRIENDS PRESS OF SUMM AK PRESSER 2009 Friends of AK/Bookmobile .........1 Periodicals .................................51 Welcome to the About AK Press ...........................2 Poetry/Theater...........................39 Summer Catalog! Acerca de AK Press ...................4 Politics/Current Events ............40 Prisons/Policing ........................43 For our complete and up-to-date AK Press Publishing Race ............................................44 listing of thousands more books, New Titles .....................................6 Situationism/Surrealism ..........45 CDs, pamphlets, DVDs, t-shirts, Forthcoming ...............................12 Spanish .......................................46 and other items, please visit us Recent & Recommended .........14 Theory .........................................47 online: Selected Backlist ......................16 Vegan/Vegetarian .....................48 http://www.akpress.org AK Press Gear ...........................52 Zines ............................................50 AK Press AK Press Distribution Wearables AK Gear.......................................52 674-A 23rd St. New & Recommended Distro Gear .................................52 Oakland, CA 94612 Anarchism ..................................18 (510)208-1700 | [email protected] Biography/Autobiography .......20 Exclusive Publishers CDs ..............................................21 Arbeiter Ring Publishing ..........54 ON THE COVER : Children/Young Adult ................22
    [Show full text]
  • Anarchist Pedagogies: Collective Actions, Theories, and Critical Reflections on Education Edited by Robert H
    Anarchist Pedagogies: Collective Actions, Theories, and Critical Reflections on Education Edited by Robert H. Haworth Anarchist Pedagogies: Collective Actions, Theories, and Critical Reflections on Education Edited by Robert H. Haworth © 2012 PM Press All rights reserved. ISBN: 978–1–60486–484–7 Library of Congress Control Number: 2011927981 Cover: John Yates / www.stealworks.com Interior design by briandesign 10 9 8 7 6 5 4 3 2 1 PM Press PO Box 23912 Oakland, CA 94623 www.pmpress.org Printed in the USA on recycled paper, by the Employee Owners of Thomson-Shore in Dexter, Michigan. www.thomsonshore.com contents Introduction 1 Robert H. Haworth Section I Anarchism & Education: Learning from Historical Experimentations Dialogue 1 (On a desert island, between friends) 12 Alejandro de Acosta cHAPteR 1 Anarchism, the State, and the Role of Education 14 Justin Mueller chapteR 2 Updating the Anarchist Forecast for Social Justice in Our Compulsory Schools 32 David Gabbard ChapteR 3 Educate, Organize, Emancipate: The Work People’s College and The Industrial Workers of the World 47 Saku Pinta cHAPteR 4 From Deschooling to Unschooling: Rethinking Anarchopedagogy after Ivan Illich 69 Joseph Todd Section II Anarchist Pedagogies in the “Here and Now” Dialogue 2 (In a crowded place, between strangers) 88 Alejandro de Acosta cHAPteR 5 Street Medicine, Anarchism, and Ciencia Popular 90 Matthew Weinstein cHAPteR 6 Anarchist Pedagogy in Action: Paideia, Escuela Libre 107 Isabelle Fremeaux and John Jordan cHAPteR 7 Spaces of Learning: The Anarchist Free Skool 124 Jeffery Shantz cHAPteR 8 The Nottingham Free School: Notes Toward a Systemization of Praxis 145 Sara C.
    [Show full text]
  • The Contents of an Employment Contract
    The Contents of an Employment Contract By law an employer must provide their employees with details of their employment terms and conditions. This can be verbal or in writing, short or long, but is best achieved by an employer issuing a detailed written Contract of Employment to its employees. This Contract of Employment specifies an employee's duties and responsibilities, so an employee knows exactly what is expected of them, and what they can expect from their employer. Contents of a Contract of Employment The following provides a brief outline of what should be included within a Contract of Employment. This list should be tailored to suit the needs of the employer and the industry in which the company operates. Names and Addresses of the Parties The employers company details and the employees’ full name and address. Employment Contract Start Date The start date of the employment. Employee's Job Title and Description The employees’ job title and a description of the common day to day duties which will be carried out by the employee, plus any additional duties the employee may be expected to perform. Place of Work The employment contract allows the employer to specify the location where the employee will work. Hours of Work The employee's normal hours of work are specified within the employment contract. Details of possible out of hours work must also be included together with levels of overtime payments. Working hours cannot exceed the 48 hours per week as specified by the Working Time Regulations, unless the employee has signed a voluntary opt out from the Regulations.
    [Show full text]
  • The Biological Reality of Host Sanctions and Partner Fidelity
    known that plants will shut down nodules if they can obtain LETTER cheaper N from an external sources. Compounding this basic error, Weyl et al. (1) wrote, “Kiers et al. [4] assumed that The biological reality of host plants cannot, on a nodule-by-nodule basis, measure the ...” sanctions and partner fidelity concentration of N2 Weyl et al. (1) appear to have con- fused N2 (substrate, always saturating) with NH3 (product, which is measured per nodule). In their yucca–yucca moth Weyl et al. (1) used employment contract theory to argue that example, Weyl et al. (1) did not acknowledge that multiple partner fidelity feedback (PFF) provides a stronger explanation (unrelated) moths lay eggs simultaneously in a single yucca for the evolution of mutualisms than host sanctions (HS). Un- flower [∼30% of single flowers have been shown to contain fortunately, the article propagates a series of major misunder- both deep and shallow ovipositions (5)], leading to the erro- standings that require correction. neous conclusion that the fitness of the host and a single First, their model assumes a single clone of symbiont per host pollinator can be strongly coupled. (1). This fundamental assumption is violated in all mutualisms Put simply, Weyl et al. (1) have misinterpreted the HS liter- discussed by Weyl et al. (1) (e.g., figs and wasps, yuccas and ature, equating sanctions with “costly punishment” that evolves moths, legumes and rhizobia, plants and mycorrhizae). Weyl to “discipline” symbiont behavior. They presented a model et al. (1) conceded: “the fact that legumes are often infected by with unrealistic assumptions, deriving conclusions with little multiple strains of rhizobia remains a problem, because our biological relevance.
    [Show full text]
  • Modern Slavery Act Code of Conduct Forced Or Involuntary Labour
    Modern Slavery Act Code of Conduct Forced or Involuntary Labour Workers will not be subject to any form of forced labour. All work must be voluntary and workers shall have freedom to terminate their employment at any time without penalty, given notice of reasonable length. Recruitment Fees Workers shall not be charged any fees or costs for recruitment, including costs associated with travel, processing official documents and work visas in both home and host countries. Document Retention Confiscating or withholding worker identity documents or other valuable items, including work permits and travel documents (e.g.: passports) is strictly prohibited. The retention of personal documents shall not be used as a means to bind workers to employment or to restrict their freedom of movement. Contracts of Employment Written contracts of employment shall be provided to migrant workers in a language they understand, clearly indicating their rights and responsibilities with regard to wages, working hours and employments conditions. Migrant workers shall be provided with their employment contract prior to deployment. The use of supplemental agreements and the practice of contract substitution are strictly prohibited. Deposits Migrant workers shall not be required to lodge deposits or security payments at any time. Humane Treatment The workplace shall be free of any form of harsh or inhumane treatment. Disciplinary policies and procedures shall be clearly defined and communicated to all workers, and shall not include any inhumane disciplinary measure, including mental or physical coercion, or verbal abuse of workers. Nor shall they result in wage deductions, reductions in benefits, or compulsory labour. The use or threat of physical or sexual violence, harassment and intimidation against a worker, his or her family, or close associates, is strictly prohibited.
    [Show full text]
  • Constructive Dismissal – a Primer
    CONSTRUCTIVE DISMISSAL – A PRIMER By Ernest A. Schirru & Jody Brown of Koskie Minsky LLP Introduction Employment relationships may end in a variety of different ways: (i) the employer terminates the relationship for cause with no notice, (ii) the employer terminates the relationship without cause by giving notice or payment in lieu of notice, (iii) the employee terminates the relationship, (iv) the relationship comes to an end due to frustration, (v) the relationship comes to an end due to job abandonment, (vi) the relationship comes to an following the completion of a fixed term contract, and (vi) constructive dismissal. Constructive dismissal claims are premised on long standing principles of general contract law. Constructive dismissal occurs when the employer commits a “repudiatory” breach of the employment contract which either demonstrates that it no longer intends to observe the terms of the employment agreement or whose consequences deprive the employee of substantially all of the benefits the employee bargained for, thus allowing the employee to terminate the employment contract and recover damages.1 In the modern leading constructive dismissal case of Farber v. Royal Trust Co., the Supreme Court described constructive dismissal as follows: Where an employer decides unilaterally to make substantial changes to the essential terms of an employee’s contract of employment and the employee does not agree to the changes and leaves his or her job, the employee has not resigned, but has been dismissed. Since the employer has not formally dismissed the employee, this is referred to as “constructive dismissal”. By unilaterally seeking to make substantial changes to the essential terms of the employment contract, the employer is ceasing to meet its obligations and is therefore terminating the contract.
    [Show full text]