Sue Zheng, 40, immigrated to Canada from Fuzhou, China, in 2006. Like most immigrants, Zheng was happy to come to Canada, start working, and begin a new life for her and her family. But Zheng's experience was not what she expected. To get a job at a manicure salon, Zheng had to pay a $400 deposit. Eager to gain work experience and earn money, Zheng paid the deposit and took the job. Once she began working, she worked seven days a week, 10 hours a day, for just $25 a day. Zheng decided to quit the job after only two months because of extreme exhaustion. She had no idea about her labour rights until she agreed to participate in a street survey. "I don't know any English and had no idea what my rights were," she explained in Mandarin during an interview. "Workers don't have a lot of rights where I came from." 17 Since that time, Zheng has been referred to a legal clinic to try to get back her $400 from her former employer and other possible compensation. According to the Chinese Interagency Network of Greater Toronto, who conducted the survey, Zheng's story of immigrant abuse and exploitation is all too common. "Many of the workers have worked in those kinds of conditions for years and they just don't care abouttheir rights. They just do whatever their bosses order them to do and accept what they pay them. They never challenge," said Wei Sun, a volunteer who conducted the survey. 18 Indeed, the survey revealed some surprising facts. Of the 119 respondents who agreed to be interviewed, most could only answer about 5 out of the 10 questions correctly. Most people were not familiar with the Employment Standards Act and did not know the current provincial minimum wage. Moreover, 66% of participants were not aware of overtime pay and 64% were not familiar with holiday pay. Only 55% of respondents knew about severance pay as well as proper notice after a probationary period. And most surprising was that only 18% of those interviewed knew the maximum work hours allowed each week. 19 According to Daniel Yau of the Metro Toronto Chinese and Southeast Asian Legal Clinic, "the problem is newcomers are not familiar with their rights in Canada. They also face the language barrier and don't know the social infrastructure and supports available to them." 20 "It's shocking in Canada that these people are working 70 hours a week, with an average hourly wage of $4," said Andy Mark of the Chinese Canadian National Council. "It is difficult to find jobs in the mainstream job market. They want to keep their jobs. It's simply about survival." 21 In 2008, a Chinese-operated automobile parts facility laid off its employees and moved to Mexico. Hui-min Li, a Shanghai immigrant and employee of eight years, was left without $8,000 in severance pay. Li filed a complaint with the Ontario Labour Relations Board and won his case.

"It was not unusual for us to work 70 hours a week. We worked from 8 a.m. to 1 a.m. and the boss wouldn't let you go until you finished the work," said Li. "Most people don't have knowledge of their rights. Even if they do, they don't dare to fight for their rights because they are not the type to rock the boat." 22 Chinese workers are not the only workers affected by employer abuse. Migrant workers across Canada face similar issues but are not Canadian residents. Migrant workers are workers who come to Canada to gain temporary employment and then return to their home countries. These workers often fill low-skilled jobs such as seasonal farm workers or live-in caregivers. According to one study, these workers are particularly vulnerable to exploitation since they are not permanent residents and there is little oversight by the government. The report explains "the depths of the violations are degrading. There is a deepening concern that Canada's temporary labour migration programs are entrenching and normalizing a low-wage, low-rights 'guest' workforce." 23 Former Bank of Canada Governor Mark Carney has recently acknowledged the problem. "One doesn't want an over-reliance on temporary foreign workers for lower-skilled jobs," said Carney. "Relying too much on temporary employees from abroad distorts wage adjustments that lead to Canadians getting better pay and delays changes that make companies more efficient." 24 Currently, the federal government is looking at changing the Temporary Foreign Worker Program to reduce abuses by businesses. Under the new rules, companies will need to attempt to hire Canadian workers first before hiring temporary, lower-paid foreign workers.

Worker Rights in Ontario Minimum hourly wage: $10.25 Maximum work hours per week: 48 hours without written consent Overtime pay eligibility: Over 44 hours Overtime pay rate: 1.5 times base pay Paid holidays per year: Two weeks Percentage of vacation pay: 4% of annual salary

Why does exploitation continue to exist? Clearly, full-time work is not as easy to come by as it was a couple of decades ago. According to a McMaster University and United Way study, approximately half of Greater Toronto and Hamilton-area workers belong to precarious employment. What is precarious employment? Typically, it consistsof temporary, contract, part-time, or on-call positions without benefits. While these types of positions are legal, the reduction in permanent, stable, full-time jobs is a potential threat to the economic prosperity of the region and the social health of communities. 26 According to the university study, it is now more common for many people to work multiple jobs to achieve full-time hours. Every demographic, industry sector, and income level is being affected. With union membership on the decline, so is the protection of workers. The study also found working conditions to be more uncertain and opportunities for job training and development on the decline as well. 27 Susan McIsaac, president and CEO of the United Way, a researcher in the study, explained that job insecurity is not just about reducing poverty. Employment concerns affect our society in a widespread manner from how we contribute to the economy, care for our children, and socialize with family and friends. Certainly, instability in the workforce creates stress and pressure that have an effect on our self-confidence and level of anxiety. While the study was limited to the Toronto and Hamilton regions, many observers contend a similar pattern may also exist across other parts of Canada. How can workers be protected from unethical employers? According to Charlotte Yates, dean at the Faculty of Social Sciences at McMaster University, "Raising incomes is an obvious and critical area of focus, but it is not enough. The reality that workers in precarious employment tend to exit and re-enter the labour market much more often than those in permanent employment requires a renewed look at the basic employment standards and protections as well as revamped income security programs." 28 Clearly the labour market has changed, and labour laws need to catch up to protect workers. It is a time for labour organizations, community groups, businesses, and the government to address how to reduce the negative effects of an unstable labour market. Indeed, uncertainty about employment can become a barrier to deciding on a career, starting a family, or beginning other life plans. According to the Chinese Canadian National Council, "stopping worker exploitation goes beyond educating the public. It is also the employers' responsibility to treat workers fairly and with respect. A law without reinforcement is futile . . . the Ministry of Labour needs to reinforce the regulations . . . and harsh penalties should be dealt out to offenders." 29 To enjoy a prosperous future, the university study recommends a renewed public policy framework to support those in precarious employment and to respond to changes in the labour market for the benefit of all workers.

Questions 1. What factors are identified as contributing to the low (and illegal) pay of the workers in this story? 2. How do you think this story would be explained through the lens of each of the four perspectives discussed in this chapter? 3. What, if anything, should be done to improve the working conditions for these workers?