Consolidated CETA Text
24. Trade And Labour
Chapter X+1: Trade and Labour
Article 1: Context and objectives
1. The Parties recognise the value of international
co-operation and agreements on employment and labour affairs as a response of
the international community to economic, employment and social challenges and
opportunities resulting from globalisation. They recognize the contribution
that international trade could make to full and productive employment and
decent work for all and commit to consulting and co-operating as appropriate on
trade-related labour and employment issues of mutual interest.
2. The Parties recognise the beneficial role that decent
work, encompassing core labour standards, and high levels of labour protection,
coupled with effective enforcement, can have on economic efficiency, innovation
and productivity, including export performance, and they highlight the value of
greater policy coherence in those areas. In this context, the Parties recognize
the importance of social dialogue on labour matters among workers and
employers, and their respective organizations, and governments, and commit to
promotion of such dialogue in their territories.
Article 2: Right to regulate and levels of protection
Recognising the right of each Party to set its labour
priorities, to establish its levels of labour protection and to adopt or modify
its relevant laws and policies accordingly in a manner compatible with its
international labour commitments, including those in this Chapter, each Party
shall strive to continue to improve those laws and policies with the goal of
providing high levels of labour protection.
Article 3: Multilateral labour standards and agreements
1. Each Party shall ensure that its labour law and
practices embody and provide protection for the fundamental principles and
rights at work, and reaffirm its commitment to respecting, promoting and
realising such principles and rights in accordance with its obligations as
member of the ILO and its commitments under the ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-up, adopted by the International
Labour Conference at its 86th Session in 1998.
- (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.
2. Each Party shall ensure that its labour law and
practices promote the following objectives included in the Decent Work Agenda,
and in accordance with the 2008 ILO Declaration on Social Justice for a Fair
Globalisation, and other international commitments:
- (a) health
and safety at work, including the prevention of occupational injuries and
illnesses and compensation in cases of such injuries or illnesses;
- (b)
establishment of acceptable minimum employment standards for wage earners,
including those not covered by collective agreements; and,
- (c)
non-discrimination in respect of working conditions, including for migrant
workers.
3. In connection with paragraph 2(a) of this article, each
Party shall ensure that its labour law and practices embody and provide
protection for working conditions that respect the health and safety of
workers, including by formulating policies which promote basic principles aimed
at preventing accidents and injuries arising out of or in the course of work,
and aimed at developing a domestic preventative safety and health culture where
the principle of prevention is accorded the highest priority. When preparing
and implementing measures aimed at health protection and safety at work, each
Party shall take account of relevant scientific and technical information and
related international standards, guidelines or recommendations if they exist,
particularly if such measures may affect trade or investment between the
Parties. The Parties acknowledge that where there are existing or
potential hazards or conditions that could reasonably be expected to cause
injury or illness to a person, the lack of full scientific certainty shall not
be used as a reason for postponing cost-effective protective measures.
4. Each Party reaffirms its commitment to effectively
implement in its laws and practices, in its whole territory, the fundamental
ILO Conventions that Canada and the Member States of the European Union have
ratified respectively. The Parties will make continued and sustained efforts
towards ratifying the fundamental ILO Conventions to the extent that they have
not yet done so. The Parties will exchange information on their respective
situation and advancements as regards to the ratification of the fundamental as
well as priority and other ILO Conventions that are classified as up to date by
the ILO.
Article 4: Upholding levels of protection
1. The Parties recognise that it is inappropriate to
encourage trade or investment by lowering the levels of protection embodied in
domestic labour law and standards.
2. A Party shall not waive or otherwise derogate from,
or offer to waive or otherwise derogate from, its labour law, as an
encouragement for trade or the establishment, acquisition, expansion or
retention of an investment or an investor in its territory.
3. A Party shall not fail to effectively enforce its labour
law, through a sustained or recurring course of action or inaction, as an
encouragement for trade or investment.
Article 5: Enforcement procedures, Administrative
proceedings and review of administrative action
1. In connection with the obligations in Article 4, each
Party shall promote compliance with and shall effectively enforce its labour
law, including by:
- a. in
accordance with its international commitments, maintaining a system of
labour inspection aimed at securing the enforcement of those legal
provisions relating to working conditions and the protection of workers
which are enforceable by labour inspectors;
- b.
ensuring that administrative and judicial proceedings are available to
persons with a legally recognized interest in a particular matter under
its domestic law, in order to permit effective action against
infringements of its labour laws, including appropriate remedies for
violations of such laws.
2. Each Party shall, within the framework of its legal
system, ensure that the proceedings referred to in subparagraph 1 (b) are not
unnecessarily complicated or prohibitively costly, do not entail unreasonable
time limits or unwarranted delays, provide injunctive relief, where
appropriate, and are fair and equitable, including by:
- a.
providing defendants with reasonable notice when a procedure is initiated,
including a description of the nature of the proceeding and the basis of
the claims;
- b.
affording the parties to the procedures a reasonable opportunity to
support or defend their respective positions, including by presenting
information or evidence, prior to any final decision;
- c.
providing that final decisions are made in writing and give reasons as
appropriate to the case; and
- d.
allowing the parties to an administrative proceeding an opportunity for
review of final administrative decisions within a reasonable time by a
tribunal established by law, with appropriate guarantees of independence
and impartiality of decision-makers.
Article 6: Public Information and Awareness
1. Each Party, as well as complying with Art X.01 of
Transparency Chapter, shall encourage public debate with and among non-State
actors as regards the development and definition of policies that may lead to
the adoption by public authorities of labour law and standards.
2. Each Party shall promote public awareness of its labour
law and standards, as well as enforcement and compliance procedures, including
by ensuring the availability of information and by taking steps to further the
knowledge and understanding of workers, employers and their representatives.
Article 7: Cooperative activities
1. The Parties commit to cooperate for the promotion of the
objectives of this Chapter through actions such as:
- - exchange
of information on best practices on issues of common interest and on
relevant events, activities, and initiatives organized in their respective
territories;
- -
cooperation in international fora dealing with issues relevant for trade
and labour and employment, including in particular the WTO and the ILO; -
the international promotion of Fundamental Principles and Rights at Work
and their effective application, and the ILO Decent Work Agenda;
- - dialogue
and information sharing on the labour provisions in the context of their
respective trade agreements, and their implementation;
- -
exploring collaboration in initiatives vis-a-vis third countries;
- - other
forms of cooperation as the Parties may deem appropriate.
2. In identifying areas for cooperation, and in carrying
out cooperative activities, the Parties will consider any views provided by
representatives of workers, employers, and civil society.
3. The Parties may establish cooperative arrangements with
the International Labour Organization and other competent international and
regional organisations to draw on their expertise and resources to achieve the
objectives of this Chapter.
Article 8: Institutional mechanisms
1. Each Party shall designate one office which shall serve
as a Point of Contact with the other Party for the purposes of implementing
this Chapter, including with regard to:
- (a)
cooperative programs and activities in accordance with Article 7;
- (b) the
receipt of submissions and communications under Article 9; and
- (c)
information to be provided to the other Party, the panels of experts and
the public.
2. The [Name to be Determined] on Trade
and Sustainable Development established under Chapter X [Trade and Sustainable
Development] shall, through its regular meetings or dedicated sessions
comprising participants responsible for matters covered under this Chapter
discuss matters of common interest, oversee the implementation of this Chapter
and review progress under it, including its operation and effectiveness, or
address any other matter within the scope of this Chapter as they jointly
decide.
3. Each Party shall consult a domestic labour or
sustainable development advisory group(s), or establish new ones when they do
not exist, to provide views and advice on issues relating to this Chapter. Such
groups may submit opinions and make recommendations on any matter related to
this Chapter on their own initiative. The domestic advisory group(s)
comprise(s) independent representative organisations of civil society in a
balanced representation of employers, unions, labour and business
organisations, as well as other relevant stakeholders as appropriate.
4. Each Party shall be open to receive and shall give due
consideration to submissions from the public on matters related to this
Chapter, including communications on implementation concerns; each Party shall
inform its domestic advisory group(s) of such communications.
5. The Parties shall take into account the activities of
the International Labour Organisation so as to promote greater cooperation and
coherence between the work of the Parties and that Organisation.
Article 9: Government Consultations
1. A Party may request consultations with the other Party
regarding any matter arising under this Chapter by delivering a written request
to the contact point of the other Party. The request shall present the matter
clearly, identifying the questions at issue and providing a brief summary of
any claims under this Chapter. Consultations shall commence promptly after a
Party delivers a request for consultations.
2. During consultations, each Party shall provide the other
with sufficient information in its possession to allow a full examination of
the matters raised, subject to any domestic legislation regarding confidential
personal and commercial information.
3. Where relevant, subject to the agreement of both
consulting Parties, they shall seek the information or views of any person,
organisation or body that may contribute to the examination of the matter at
issue, including the International Labour Organisation.
4. If a Party considers that the matter needs further
discussion, that Party may request that [NAME] be convened to consider the
matter by delivering a written request to the contact point of the other Party.
The [NAME] shall convene promptly and endeavour to agree on a resolution of the
matter. Where appropriate, it shall seek the advice of the Parties' domestic
advisory group(s).
5. Any solutions or decisions on matters discussed under
this Article shall be made publicly available.
Article 10: Panel of Experts
1. For any matter that has not been satisfactorily
addressed through government consultations, a Party may, 90 days after the
delivery of a request for consultations under Article 9.1, request that a Panel
of Experts be convened to examine that matter, by delivering a written request
to the contact point of the other Party.
2. Subject to the provisions of this Chapter, the Parties
shall apply the Rules of Procedure and Code of Conduct set out in Annex I and
II of the Chapter on Dispute Settlement, unless the Parties agree otherwise.
3. The Panel of Experts shall be composed of three
panellists.
4. The [NAME] shall, at its first meeting after the entry
into force of this Agreement, establish a list of at least 9 individuals chosen
on the basis of objectivity, reliability and sound judgment who are willing and
able to serve as experts in Panel procedures. Each Party shall propose three
individuals to serve as experts. The Parties shall also select three
individuals who are not nationals of either Party and who shall act as
chairperson to the Panel of experts. The [NAME] will ensure that the list is
always maintained at this level.
5. The experts proposed as panellists shall comprise
individuals with specialised knowledge or expertise in labour law, other issues
addressed in this Chapter, or the resolution of disputes arising under
international agreements. They shall be independent, serve in their individual
capacities and not take instructions from any organisation or government with
regard to issues related to the matter at stake, or be affiliated with the
government of any Party, and shall comply with [the Code of Conduct].
6. The Parties shall consult with a view to reaching an
agreement on the composition of the Panel of Experts within 10 working days of
the date of the receipt by the responding Party of the request for the
establishment of a Panel of Experts. Due attention shall be paid to
ensuring that proposed Panellists meet the requirements set out in paragraph
(5) of this article and have the expertise appropriate to the particular
matter.
7. In the event that the Parties are unable to agree on the
composition of the Panel of Experts within the time frame laid down in
paragraph 4, the selection procedure set forth in Article 14.7(3), (4),(5), (6)
and (7) of Chapter 14 (Dispute Settlement) shall be applicable in respect of
the list established in paragraph (7).
8. Unless the Parties agree otherwise, within five working
days of the date of the selection of the panellists, the terms of reference of
the Panel of Experts shall be:
"to examine, in the light of the relevant
provisions of the Trade and Labour chapter, the matter referred to in the
request for the establishment of the Panel of Experts, and to issue a report,
in accordance with Article 12 (Panel of Experts) of Chapter ... (Trade and
Labour), making recommendations for the resolution of the matter"
9. In matters related to the respect of multilateral
agreements as set out in Article 3, the Panel should seek information from the
International Labour Organisation, such as pertinent available interpretative
guidance, findings or decisions adopted by this body. Footnote 1
10.The Panel may request and receive written submissions or
any other information from organisations, institutions, and persons with
relevant information or specialised knowledge.
11. The Panel of Experts shall issue to the Parties an
interim and a final report setting out the findings of facts, its
determinations as to whether the responding Party has conformed with its
obligations under this chapter and the rationale behind any findings,
determinations and recommendations that it makes. The Panel of Experts shall
submit to the Parties the interim report within 120 days after the last panellist
is selected, or as otherwise decided by the Parties. The Parties may provide
comments to the Panel on the interim report within 45 days of its presentation.
After considering any such comments, the Panel of Experts may reconsider its
report or make any further examination it considers appropriate. The Panel of
Experts shall submit the final report to the Parties within 60 days of the
submission of the interim report. Each Party shall make the final report
publicly available within 30 days of its issuance.
12. If in the final report the Panel determines that there
has been non-conformity, the Parties shall engage in discussions and shall
endeavour, within three months from the submission of the final report and
taking into account that report, to identify appropriate measures or, where
appropriate, to decide upon a mutually satisfactory action plan. The Party
concerned shall inform in a timely manner its advisory groups and the other
Party of its decisions on any actions or measures to be implemented. Furthermore,
the requesting Party shall inform in a timely manner its advisory groups and
the other Party of any other action or measure it may decide to take, as a
follow-up to the report, to encourage the resolution of the matter in a manner
consistent with this Agreement. The follow-up to the report and the
recommendations of the Panel of Experts shall be monitored by the NAME. The
advisory bodies and the Civil Society Forum may submit observations to the NAME
in this regard.
13. If the Parties reach a mutually agreed solution to a
matter during the time that a Panel of Experts has been established, they shall
notify the [NAME] and the Panel of Experts of any such solution. Upon
notification, the panel procedure shall be terminated.
Article 11: Dispute Resolution
1. For any matter arising under this Chapter where there is
disagreement between the Parties, the Parties shall only have recourse to the
rules and procedures provided for in this chapter.
2. The Parties shall make every attempt to arrive at a
mutually satisfactory resolution of the matter. At any time, the Parties may
have recourse to good offices, conciliation, or mediation to resolve that
matter.
3. It is understood that the obligations included under
this chapter are binding, and enforceable through the procedures for the
resolution of disputes provided for in Art. 10 [Panel of experts] of this
chapter. Within this context, the Parties will discuss, through the meetings of
the [NAME] on Trade and Sustainable Development, the effectiveness of the implementation
of the chapter, domestic policy developments in both Parties, developments in
international agreements, and views presented by stakeholders, as well as
possible reviews of the procedures for the resolution of disputes provided for
in Art. 10 [Panel of experts] of this chapter.
4. In case of disagreement, a Party may request
consultations according to the procedures established in Art. 9 [Government
consultations] in order to review the provisions for the resolution of disputes
provided for in Art. 10 [Panel of experts] of this chapter, with a view to
reach a mutually agreed position on the matter.
5. The [NAME] may decide to modify the relevant provisions
of this chapter, in accordance with the amendment procedures established in
Chapter ..., Article ... [CETA amendment procedure]. ]
COMMENT
"CETA
Canada Europe Trade Agreement
European
workers in Canada
Pretty
soon, Canada and Europe will ratify their CETA trade agreement.
When
they do, it’s a whole new ball game for European workers, including
undocumented trades workers, in Canada.
Attached
please find the CETA Text covering TRADE AND LABOUR.
In
summary, CETA obliges the Parties to:
·
Cooperate,
dialogue, exchange information and, if necessary, dispute on the below matters:
a) Non discrimination in respect of working
conditions, including for migrant workers … Article 3 Para 2 (c)
b) Eliminate discrimination in respect of employment
and occupation … Article 3 Para 1 (d)
c) Inappropriate to lower production costs by lowering
the levels of protection embodied in labour standards … Article 4 Para I
d) Party cannot fail to effectively enforce its labour
law through a sustained or recurring course of action or inaction as an encouragement
to lower costs … Article 4 Para 3
e) Parties must protect workers rights through job site
inspections... Article 5 Para 1 Para a&b
f) Parties must not deny workers access to the legal
system by setting up administrative procedures designed to delay or add cost …Article
5 (2)
Even
before CETA is ratified, we will be raising CETA’s above obligations to our
clients.
We
will focus on:
· Canada’s financial exploitation of European workers
· Canada’s policy and legal process barriers designed
to keep European workers undocumented
· Canada’s refusal to enforce local labour laws in
order to drive European workers underground
· Canada’s exploiting European workers in order to
lower costs
· Canada’s and Europe’s refusing to cooperate,
dialogue, exchange information and, if necessary, dispute on the above matters"
Richard Boraks, 26 February 2015
