Copyright (c) 2009 Comparative Labor Law & Policy Journal
Comparative Labor Law & Policy Journal
UNITED STATES: BABY STEPS? TOWARD THE REGULATION OF TEMPORARY HELP AGENCY EMPLOYMENT IN CANADA
COMPARATIVE LABOR LAW & POLICY JOURNAL
31 Comp. Lab. L. & Pol'y J. 163
Timothy J. Bartkiw+
It is now more than a decade since the International Labour Organization (ILO) adopted Convention No. 181 Private Employment Agencies Convention 1997, 1 and its accompanying Recommendation No. 188 Private Employment Agencies Recommendation 1997, 2 significantly altering its longstanding position on the role of employment placement agencies and temporary help agencies. The Convention officially recognized the legitimacy 3 of temporary help agencies and the employment relations they construct and ostensibly set out to recommend a framework of principles to guide domestic regulation of these employment relationships. The ILO has since been criticized for its abandonment of prior policy, and for the lack of guidance the Convention provides for crafting progressive policy in this area. 4 While some policy development around temporary help agency employment has occurred in a few states since 1997, a rather stark outcome is that, after a decade, very few ILO members have even ratified this Convention. 5 Subsequent ILO deliberations over the topic of the "employment relationship" culminated in the adoption of Recommendation R198 in 2006, containing complementary suggestions for state regulation and the combating of "disguised employment." 6
This paper seeks to provide, against the backdrop of this new international normative context, a comprehensive review of contextual aspects of temporary help agency employment, and a critical examination of recent policy developments toward the regulation of temporary help agency employment in Canada. The paper begins by analyzing recent trends in the growth of temporary help agency employment in Canada. ...
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