菲沙研究所-我们的劳动法还适用于远程工作吗?(英)-2021-36正式版.ppt
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1、2021ARE OUR LABOUR LAWS STILLRELEVANT FOR TELEWORKING?Morley GundersonContentsExecutive Summary/iIntroduction/1Teleworking:Its Extent,Characteristics and Future/2Labour Laws and Regulations/9Policy Options/12Conclusion/17References/18About the AuthorAcknowledgments/2626/Publishing Information/27Supp
2、orting the Fraser Institute/28Purpose,Funding,and Independence/28About the Fraser InstitutePeer reviewvalidating the accuracy of our research/29Editorial Advisory Board 30/29/fraserinstitute.orgGunderson Are Our Labour Laws Still Relevant for Teleworking?iExecutive SummaryMany of our labour laws and
3、 regulations were established in an earlier era when the econ-omy was vastly different than it is today.Just as technological change has made many ofour production procedures and skills obsolete,it is not surprising that many of our labourpolicies would be obsolete.And just as there is resistance to
4、 technological change,therewill be resistance to changes in labour policies.Luddism can apply to policy change justlike it applied to the Luddites who resisted technological change in the early 1880s.A major change that has been spurred on by the pandemic is teleworking or work-ing remotely from hom
5、e.For Canada,about 40 percent of the workforce has the potentialto work entirely from home,and this corresponds to the proportion that was workingfrom home during the early part of the pandemic.An additional 10 percent could workpartially at home,so that around 50 percent of the workforce could work
6、 entirely orpartially from home.e rate of working from home will likely drop,but only to abouthalf those rates aer the pandemic as both employers and workers have experienced thebenefits including:reduced commute times with social benefits from reductions in trafficcongestion,air pollution,and energ
7、y consumption;savings in house prices and rents if they can move to cheaper locations andconnect online;productivity gains,or at least not the productivity losses that were oenanticipated;fostering work-family balance that can benefit females who have adisproportionate share of household work;better
8、 control over ones work environment with respect to such factors astemperature,lighting,music,and colleagues dropping by;improved worker satisfaction and hence improved recruitment andretention;accommodating disability limitations;providing a cushion against future contagions that are likely to re-o
9、ccur.Furthermore,those working from home have generally invested in their homeworking environment as well as technology and are familiar with the new arrangementsthat are also rapidly improving.Employers will likely use hybrid modelsmixtures ofworking from home and at the workplaceto deal with such
10、factors as team-buildingand corporate culture,as well as training and career development,that benefit frompersonal interaction.And they will adjust to the concerns that can arise if working fromhome involves 24/7 constant availability with little opportunity to disengage.Workingfrom home is not for
11、everybody or for every workplace.fraserinstitute.orgii Are Our Labour Laws Still Relevant for Teleworking?GundersonMany of our existing labour laws are ill-fitted for working from home.Employmentstandards legislation on hours of work and overtime,for example,is difficult for gov-ernment to monitor a
12、nd enforce for persons working from home.e same applies toregulations on break times.Minimum wage legislation will be difficult to enforce becauseemployers may respond to a higher hourly minimum wage by simply expecting longerworktime in a day.Workers compensation requirements will be complicated by
13、 the dif-ficulty of determining whether the accident or injury occurred while conducting workfor an employer or doing personal activities at home,especially because most injurieshave now shied from physical injuries to repetitive strain and musculoskeletal injuriesthat are difficult to diagnose and
14、have long latency periods,multiple causes,and complexinteractions.Health and safety regulations will also be extremely difficult if not impossibleto enforce for working from home and this is already recognized in some jurisdictions.Pay equity legislation will be complicated by the difficulty of eval
15、uating the working con-ditions component of jobs when some work at home.Because of these difficulties,this paper outlines various policy considerations andissues to be wary of in extending our labour regulations to where they do not fit.Ratherthan extending our labour regulations,the emphasis should
16、 be on removing barriers thatinhibit working from home.Such practices include extending broadband infrastructure,flexibility in zoning to enable market adjustments to the new reality,and providing infor-mation on best practices in this area to facilitate market adjustments to such best practices.Red
17、ucing rather than extending regulation in teleworking should foster the growth andcompetitive markets that facilitate employers and workers making the mutually benefi-cial choices that can come from this growing workplace arrangement.fraserinstitute.orgGunderson Are Our Labour Laws Still Relevant fo
18、r Teleworking?1IntroductionMany of our labour laws and regulations were established in an earlier era when the econ-omy was vastly different than it is today.e old world of work was oen characterizedby large fixed worksites with male-dominated blue-collar workers in lifetime jobs pro-tected by tarif
19、fs and unions in manufacturing firms with large internal human resourcedepartments.Todays new world of work,especially since the 1970s,is vastly different.Itis characterized more by mobile worksites,outsourcing,non-standard work(includingteleworking),and lower unionization,operates under global comp
20、etitive pressures,andis polarized into high-skilled,knowledge-based services and low-skill personal services.Just as technological change has made many of our production procedures andskills obsolete,it is not surprising that many of our labour policies would be obsolete.And just as there is resista
21、nce to technological change,there will be resistance to changesin labour policies.Bureaucracies have been built up,with jobs dependent upon imple-menting such policies just as jobs depended upon old technologies.Vested interests canbe protected by the continuance of earlier policies.is can apply not
22、 only to unionsthat want to reduce competition from non-union employment,but also to firms thatalready meet costly regulations,but want them applied to competitors that may struggleto meet them.Luddism can apply to policy change just like it applied to the Ludditeswho resisted technological change.e
23、 purpose of this paper is to examine whether the existing litany of labour poli-cies still applies to one growing aspect of non-standard workteleworking.1 e paperbegins by documenting the extent of teleworking and its characteristics as well as predic-tions about its future growth in a post-covid wo
24、rld.It then discusses the effects of tele-working,especially on the labour market.e current litany of labour policies is brieflyoutlined,with particular attention to the extent to which they are relevant for teleworkingin a post-covid world.e paper then shis to a discussion of alternatives to regula
25、tingthe employment environment,and concludes with a discussion of the policy implications.1 Governments are still in the process of adjusting their labour laws and regulations to reflect pre-covid technological change that has resulted in much more non-standard work including the growthof the gig ec
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