UTGB Vol 5.pdf - Robson Hall Faculty of Law

64 Underneath the Golden Boy
(d) Rest, leisure and reasonable limitation of working hours and periodic holidays with
pay, as well as remuneration for public holidays
Article 11
1. The States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of living conditions. The
States Parties will take appropriate steps to ensure the realization of this right,
recognizing to this effect the essential importance of international co-operation I:Bsed
on free consent.
Convention on the Rights of the Child (CRC): 53
Article32
1. States Parties recognize the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to interfere
with the child's education, or to be harmful to the child's health or physical, mental,
spiritual, moral or social development.
2. States Parties shall take legislative, administrative, social and educational measures
to ensure the implementation of the present article. To this end, and having regard to
the relevant provisions of other international instruments, States Parties shall in
particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective
enforcement of the present article.
In Part V below, we consider the various issues raised in the Discussion Guide,
as well as some related issues, and urge action consistent with Canadian and
international law and the social and economic context of today's workers.
V. SUBMISSIONS RELATING TO MATIERS RAISED IN TIIE
DISCUSSION GUIDE
A. Hours of Work and Overtime
Any attempt to build more "flexibility" into hours of work and overtime must be
considered skeptically, with the purpose of minimum employment standards in
mind. Given the well,recognized inequality of bargaining power between
employers and employees. Manitoba should not make it easier for employers to
secure "averaging agreements, whereby employees may be required to work
more than eight hours per day or more than 40 hours per week, without
overtime pay, if their hours average out to no more than 40 hours per week over
a longer period of time.
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20 November 1989, 1577 U.N.T.S. 3 (ratified by Canada 12 January 1992).