EI reforms unfair to seasonal staffers: UFCW
They may be separated from their offspring by thousands of kilometres, but Canada’s migrant workers say they are parents too.
That message has been lamented by a group of just over 100 Ontarian migrant workers who are taking the federal government to court, claiming they were denied access to Employment Insurance (EI) parental benefits.
Represented by the United Food and Commercial Workers (UFCW) union, the group of migrant workers took their case to the Federal Court of Appeal in mid-October. At the hearing, all claimed to have been turned down after applying for EI parental benefits — which collectively adds up to more than $600,000 in back payments. While the federal employment commission said the seasonal agricultural workers waited too long to file, the UFCW countered that language and cultural barriers were reasonable and just causes for filing late.
"It’s mind-boggling that we have a policy where thousands of workers come here every year, who pay into the program and see no benefit," said Jackie Esmonde, with the Income Security Advocacy Centre, and one of the lawyers representing the workers. "Basically Canada is enriching itself at their expense. So, if we are going to go down the road of having temporary migrant workers here to fill labour shortages, it’s really important they have the same rights and the same benefits as other Canadian workers."
Initially, all 102 migrant workers took their case to the federal Office of the Umpire and the Board of Referees, which up until April of 2013 presided over EI appeals (currently, the Social Security Tribunal hears such claims).
The umpire turned down their case, saying the claimants "had not taken any steps to inform themselves of their rights and obligations." So the migrant workers appealed.
As they await the verdict, the UFCW said a victory would be bittersweet.
Last year, Ottawa rolled out reforms to the EI system for seasonal agricultural workers. Among the changes, only workers eligible to remain in the country year-round can claim maternity, parental and compassionate care benefits. Because the employees involved in this particular appeal filed claims prior to 2012, their case stands a chance — but any temporary employee hoping to claim current and future premiums are out of luck.
Of particular concern is that migrant workers are still making regular EI contributions.
"We argue that this is a pretty cruel thing to do. To pick one specific group of workers and deny them access to their full benefits after contributing for the full term, because of residency requirements," said Stan Raper, an organizer with UFCW. "We think that was a deliberate and a cruel attempt to diminish the benefits these workers are collecting. Because they are migrant workers, they don’t have a strong political voice, they’re not allowed to join a union."
Though seasonal agricultural workers are not eligible to officially join the union, the UFCW recently launched a campaign calling on the government to reverse its EI clawbacks.
"The backdrop to this is a very radical change to Canada’s immigration policy, where as a country, we’re allowing more temporary residents than permanent residents. Temporary workers come here with fewer rights and less ability to enforce their rights than other Canadian workers. That has an impact on all of us," Esmonde said. "If you have a group of workers who are so vulnerable — who employers can pay at a lesser rate and provide fewer rights and benefits to — then that affects all of us, because it drives down standards and rights for everyone."
However, Anna Maddison, a spokesperson for Employment and Social Development Canada, said the move bolsters the job market.
"This change will strengthen the principles that EI is to provide temporary income support to facilitate transitions back into the Canadian labour market," Maddison explained. "Providing EI benefits to workers who are not authorized to remain in Canada is inconsistent with this principle."
Typically, workers employed under the Seasonal Agricultural Worker Program remain in the country for about eight months of the year. That no support during the off-season is provided puts the much-maligned temporary worker at a disadvantage, Esmonde argued.
"They shouldn’t be punished because they work in a seasonal industry," she said. "In Canada’s other seasonal industries, such as fishing, we ensure that those workers have access to income supports during the off-season, as a way to encourage and ensure that our fisheries can continue. We should be doing the same with agricultural workers, whether they are temporary migrant workers or not."
