Labor Standards

The ILO was founded in the conviction that social justice is essential to
universal and lasting peace. Countries should, now more than ever, draw upon
all its standard-setting, technical cooperation and research resources in all its
areas of competence, in particular employment, vocational training and
working conditions, to ensure that, in the context of a global strategy for
economic and social development, economic and social policies are mutually
reinforcing components in order to create broad-based sustainable
development.

Pursuant to this endeavor, nations should give special attention to the

problems of persons with special social needs, particularly the unemployed
and migrant workers, and mobilize and encourage international, regional and
national efforts aimed at resolving their problems, and promote effective
policies aimed at job creation.

Furthermore, in seeking to maintain the link between social progress and

economic growth, the guarantee of fundamental principles and rights at work
is of particular significance in that it enables the persons concerned, to claim
freely and on the basis of equality of opportunity, their fair share of the wealth
which they have helped to generate, and to achieve fully their human
potential.

Since the beginning of the 1990’s, the need to create a minimum social
foundation for the development of trade - one that guarantees certain
safeguards against social dumping – has resulted in the signing of an
increasing number of Free Trade Agreements (FTAs) which include a labor
dimension, either in the agreement itself or in a parallel agreement.

Not only do such labor clauses list minimum commitments for the protection
of human rights at work and refer to specific international labor standards
adopted by the ILO, but they also provide for conflict resolution systems as
well as funds and parallel labour cooperation/consultation. Indeed, a growing
number of bilateral free trade agreements – particularly those signed by
Canada, the United States and the European Union – contain social and labor
provisions along those lines.1

In January of 2018, the Canadian economy lost 88,000 jobs. By industry,

employment across the country dropped in several fields, including:

 Educational services.
 Finance, insurance, real estate, rental and leasing.
 Professional, scientific and technical services.
 Construction, as well as health care and social assistance.2

The employment drop coincided with an increase in the minimum wage in

Canada’s largest province — Ontario. That fueled an acceleration of the
national wage rate to an annualized pace of 3.3 per cent that was the fastest
since 2015.3 Although the job loss can still be offset by half of the employment
rate raise in 2017, the Bank of Canada estimates there will be about
60,000 fewer jobs by 2019. 4 In the same study, however, it is estimated
that labor income will be higher due to the increases.

Furthermore, industries such as, Forestry, fishing, mining, quarrying, oil and
gas, and construction experienced a decline in employment by 4.2% just from
March of 2018 to April of 2019.5

1 http://www.ilo.org/global/standards/information-resources-and-publications/free-trade-
agreements-and-labour-rights/lang--en/index.htm
2 http://www.cbc.ca/news/business/canada-employment-january-1.4527905
3 http://business.financialpost.com/news/economy/update-1-canada-sheds-88000-jobs-in-jan-

biggest-decline-since-2009
4 https://globalnews.ca/news/3944598/60000-jobs-lost-minimum-wage-increase/
5 https://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/labr67g-eng.htm
In anticipation of a developing workforce due to the loss of employment
within the country, Canada expects that citizens would resort to looking
for employment in other countries. That is why it is pertinent to adopt
relevant provisions instituted by the International Labour Organization.
First and foremost, ILO Declaration on Fundamental Principles and Rights at
Work and its Follow-up provides for a quideline for international labor
standards. The second paragraph provides:

“Declares that all Members, even if they have not

ratified the Conventions in question, have an
obligation arising from the very fact of membership
in the Organization to respect, to promote and to
realize, in good faith and in accordance with the
Constitution, the principles concerning the
fundamental rights which are the subject of those
Conventions, namely:

(a) freedom of association and the effective

recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or
compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of
employment and occupation.”6

6 http://www.ilo.org/declaration/thedeclaration/textdeclaration/lang--en/index.htm
Proposal:

There are three specific and essential areas of international labor standards
that we propose be adopted for this Free Trade Agreement, namely: Freedom
of association; Occupational health and safety; and the elimination of
discrimination in respect of employment and occupation. In respect of these,
our nation would like the following the standards to be adopted:

1. There must be freedom of association and an effective recognition of

the right to collective bargaining. This provision refers to unionization.
Canadian citizens must be allowed to freely join labor unions and also
form their own unions in the exercise of their freedom of association.
2. Adequate occupational health and safety standards must be provided in
the workforce, especially since Canadian citizens are adept at industrial
employment and relations. These occupational health and safety
standards refer to hazardous working conditions for everyone involved.
If a local citizen is offered a favorable health and safety benefit, this
must be offered to Canadian citizens as well. Should a corporation
provide no such benefit or provides for less benefit compared to what
is offered in Canada, then benefits offered in our nation shall apply.
Provided, that citizens of your countries may avail of the same benefit
in Canada.
3. Provided that it does not violate any preferential right of local citizens
as provided by local and national laws, and there is no prohibition on
foreign ownership of businesses, there must be no discrimination
towards Canadian in respect to employment and occupation. The same
treatment shall be provided for citizens of your countries in Canada.