Thank you, Mr. Chair.
Let us move on then. This pertains to the many changes to the Canada Labour Code.
This amendment, the first that relates to this part of the act, would replace the words “24 hours” with the words “seven days”, on line 5, page 252.
The bill stipulates here that the employee must be given at least 24 hours' notice of changes to their shift. A number of witnesses have stated, based on the real family and personal experiences of Canadians today, that 24 hours is very little notice. In our opinion, it is not reasonable to inform those individuals that they have to work or do overtime the next day, with less than 24 hours' notice. In the first part of my amendment, it is proposed that seven days' notice be required to change shifts. I think that is reasonable. Further, that is what the witnesses who appeared before the committee told us.
As to points b) and c) of my amendment, I propose that the same lines be deleted, that is, lines 22 and 23 on page 252, and lines 26 and 27 on page 254. I am referring to the French version of the bill of course. This is to prevent the employer from using excuses regarding the refusal of a work shift. In both cases, the wording is the same: “threat of serious interference with the ordinary working of the employer's industrial establishment.” To our mind, in the NDP, and to the witnesses who appeared before the committee, the employer's right to refuse is too broad. The employer could simply claim that it would interfere with the working of the establishment.
What does “threat of serious interference with the ordinary working of the employer's industrial establishment” mean?
If an employee refuses a shift, any employer can say that it threatens the operation of their plant or workplace. The scope is too broad. In both cases, we retain the two other possible reasons, those in points a) and b), but we remove the reason in point c).
I would like my colleagues' support on this to ensure that these new rights in the Canada Labour Code do indeed become a reality. If we allow employers to use reasons that are so vague and broad in scope, they will be approved since they comply fully with the act. The new provisions would therefore essentially be useless, and requests from employees who are unable to assert their rights will always be refused.
I hope my colleagues will support the amendments I would like to make to these three provisions.