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Dealing with ‘vulnerable workers’ in precarious employment: Front-line constraints and strategies in employment standards enforcement

Author

Listed:
  • Alan Hall

    (Memorial University, Canada)

  • Rebecca Hall

    (Queen’s University, Canada)

  • Nicole Bernhardt

    (York University, Canada)

Abstract

Individual worker complaints continue to be the core foundation of employment standards enforcement in many Western jurisdictions, including the Canadian province of Ontario. In the contemporary labour market context where segments of the labour force may be disproportionately impacted by rights violations, and employment relationships are more diverse and often more tenuous than previously, the continued reliance on individual claims suggests a need to better understand the challenges associated with the investigation and resolution of claims involving ‘vulnerable workers’ in precarious employment situations. Using interviews with front-line Ontario employment standards officers (ESOs), this article examines the extent to which certain worker characteristics and employment situations perceived by officers as ‘vulnerable’ are identified by officers as significant constraints or barriers to investigation processes and outcomes, and documents whether and how officers address these constraints and barriers. The analysis also identifies the perceived influence of policy, resource and legislative requirements in shaping how officers deal with the more difficult and challenging cases, while also considering the extent to which the officers’ actions are understood by them as discretionary and guided by their particular orientations or concerns. In so doing, this article reveals challenges to the resolution of claims in precarious employment situations, the very place where employment standards are often most needed.

Suggested Citation

  • Alan Hall & Rebecca Hall & Nicole Bernhardt, 2022. "Dealing with ‘vulnerable workers’ in precarious employment: Front-line constraints and strategies in employment standards enforcement," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 43(1), pages 469-494, February.
  • Handle: RePEc:sae:ecoind:v:43:y:2022:i:1:p:469-494
    DOI: 10.1177/0143831X20909143
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    References listed on IDEAS

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    1. Davies, Ronald B. & Vadlamannati, Krishna Chaitanya, 2013. "A race to the bottom in labor standards? An empirical investigation," Journal of Development Economics, Elsevier, vol. 103(C), pages 1-14.
    2. Nelkin, Dorothy & Brown, Michael S., 1984. "Workers At Risk," University of Chicago Press Economics Books, University of Chicago Press, number 9780226571270.
    3. David Lewis, 2019. "Labour market enforcement in the 21st century: should whistleblowers have a greater role?," Industrial Relations Journal, Wiley Blackwell, vol. 50(3), pages 256-276, May.
    4. Paul Smith & Gary Morton, 2006. "Nine Years of New Labour: Neoliberalism and Workers’ Rights," British Journal of Industrial Relations, London School of Economics, vol. 44(3), pages 401-420, September.
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