Employers upset at proposed changes in Saskatchewan

Employer organizations join forces to protest changes to labour laws, government says opposition engaged in fear-mongering

A storm of protest is growing among Saskatchewan employers over changes the province’s NDP government is proposing to labour legislation.

But the province is telling everyone — especially the official opposition — to calm down because the changes haven’t been finalized, their impact is being exaggerated and the government is going to consult with all stakeholders.

Employer organizations have joined forces to form the Saskatchewan Business Council to publicly voice their serious concerns regarding the proposed changes to labour legislation and their “vehement” opposition to the government’s intention to revive government-directed hours for part-time work.

The council is also demanding a meeting with Premier Lorne Calvert.

Why employers are steamed

Amendments were made to the Labour Standards Act in 1995 that required employers to extend benefits to part-time workers in firms with 10 or more employees. A separate section outlining seniority rights and available hours for part-time workers was not proclaimed. This section would have required an employer to offer part-time employees additional hours of work based on their length of service.

Deb Higgins, the province’s Minister of Labour, recently announced at the Saskatchewan Federation of Labour convention that she intends to review the legislation. If proclaimed, the council said, Saskatchewan would be the first jurisdiction in North America to have such a law.

“While the premier says there is tremendous economic momentum in Saskatchewan and now is the right time to re-introduce seniority rights for part-time workers, he is overlooking the fact that many sectors are facing extremely challenging times,” said Marilyn Braun-Pollon, director of provincial affairs for Saskatchewan, Canadian Federation of Independent Business. “There are no shortage of issues facing the hardworking men and women who own and operate a business in Saskatchewan. Removing scheduling flexibility and mandating a complex and time-consuming system will only make it harder for Saskatchewan businesses to grow and expand.”

In a press release the council said the province’s business community feels “misled.”

“After various meetings with cabinet and government officials, there was no mention the government planned to move forward on ‘most available hours,’” it said.

The Saskatchewan Chamber of Commerce called the move a “breach of trust” by the government.

“Our organization publicly asked on more than one occasion about the government’s labour agenda and were assured only occupational health and safety regulations were being reviewed,” said Warren Michelson, president of the Saskatchewan Chamber of Commerce. “The same time the government told the (chamber) that they had no plans to introduce any labour changes, the government was instructing the labour department to draft regulations around most available hours.”

Mark von Schellwitz, vice president, Western Canada, for the Canadian Foodservices Association said the legislation would be a “red tape nightmare” for the hospitality industry.

“It will be virtually impossible for the industry to implement these provisions,” he said. “The provisions have no place in the modern work world where three out of four part-time workers choose to work part-time and dictate what hours they are available. Implementing the provisions will actually hurt part-time workers by taking away their flexibility.”

The council wants to meet with Premier Calvert before Dec. 20 in an effort to get the province to scrap any plans to proclaim the measures.

The government’s reaction

Premier Calvert said the opposition has been engaging in fear-mongering and is attempting to mislead the public about the implications of the potential proclamation of the additional hours section of the Labour Standards Act.

He said the draft regulations have not even been completed yet. When the draft regulations are finished all stakeholders — the business sector, part-time workers, students and others — will be consulted before proceeding any further.

“We are engaging in a dialogue,” said Calvert. “We have not made any decision. We are undertaking a process, but the leader of the opposition is out to create fear and uncertainty.”

Labour Minister Deb Higgins said the intent of the legislation is to help some of the workers in Saskatchewan who hold two or three part-time jobs.

“The legislation is meant to provide these people who want full-time work with some stability in their work lives,” she said.

The province said its intention is that:

•the legislation will not impact the majority of Saskatchewan workplaces;
•any regulations that are adopted will not take existing hours away from one employee and give them to another and will not result in employees losing their jobs;
•the regulations will not mean employers will have to pay more overtime;
•the regulations will not mean unqualified workers will be put in positions they are not qualified to perform; and
•the regulations will not apply in short-term, emergency situations, like when someone calls in sick.

Saskatchewan Business Council members

The initial members of the employer council are:

•Canadian Council of Grocery Distributors;
•Canadian Federation of Independent Business;
•Canadian Restaurant and Foodservices Assocation;
•Estevan Chamber of Commerce;
•Lloydminster Chamber of Commerce;
•North Saskatoon Business Association;
•Retail Council of Canada;
•PIMA – Agricultural Manufacturers of Canada;
•Saskatchewan Chamber of Commerce;
•Saskatoon & District Chamber of Commerce;
•Saskatoon & Region Home Builders’ Association;
•Saskatchewan Indian Gaming Authority; and
•Yorkton Chamber of Commerce.

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