Thursday, February 26, 2015

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

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