Invisible labour force: homeworkers clandestinely make 'ends meet'

Catholic New Times, Sept 12, 2004 by Kevin Spurgaitis

They know they're being underpaid, but there is nothing they can do. If they don't do the work, someone else will--the boss always knows where to find cheaper labour.

The "Made in Canada" clothing label no longer guarantees fair working conditions in the country. Global competition is pressing Canadian apparel companies to partly rely on clothing made in people's homes--and under Third World-like working conditions. A "phantom phenomenon," the homeworkers network is not reflected in official statistics. They hold 'ghettoized' jobs, confined to their own communities, sewing brand-name clothes for less than the legal minimum wage, under unhealthy conditions and without statutory benefits.

There are long hours, without overtime pay, according to the Toronto-based Homeworkers Association (HWA), a 300-member outreach and human rights advocacy group now partnered with Chinese Canadian National Council (CCNC).

In the underground economy of "homework," predominately Chinese and Vietnamese immigrant women produce women's and children's wear mostly. They are dourly hired and fired as production schedules dictate. The HWA reports a significant number of labour abuses within a group that has virtually no economic power, and no collective bargaining rights.

Judy Hill, an HWA coordinator and a new immigrant, herself, was once unable to procure steady employment in Canada. "I didn't quite know why, but knew it was not a right thing," she says.

Although Hill disentangled herself from the informal economic sector, most of her friends and relatives remain off the regular grid as homeworkers. She says industrial sewing machines can be heard clattering away in workers' basements--their floors haphazardly littered with zippers, threads, labels and scraps of fabric. There's lye everywhere. In their confined work areas--sometimes dusty closet spaces--sub-standard lighting and humidity is grudgingly endured. According to the HWA, shoddy ergonomics, poor ventilation and long hours on the job cause physical and psychological problems--contravening Canada Occupational Safety and Health Regulations. Homeworkers report repetitive strain syndrome in their eyes, lower back and Some experience partial paralysis in their arms, hands and fingers. Others develop allergies, characterized by rashes and inflammations. However, exempt from the Workplace Safety and Insurance Act, they cannot claim compensation from the government-for work-related injuries.

"They may not even recognize the dangers in all this, because of the competitive nature of garment industry. They can't afford to," says Hill.

Working harder, getting paid less:

Many new immigrants pay their employers as much as $200 up front for temporary sewing jobs lasting as short as three months. They are promised cash 'under the table' and the chance to "learn how to sew," Hill says. In addition, they must pay $2,000-3,000 for their sewing machines--more than they can earn back in a single month. The apparel sector reports the lowest average hourly earnings of all manufacturing industries. Under current piece-work rates, workers can expect to earn as little as $2 per skirt, $3 per shirt and $4 for a dress--clothing that fetches as much as $200 in retail outlets. Though the average hourly rate is between $6 and $8, Hill says employers are notorious for dropping rates as homebased workers become more dexterous in their trade. Due to needlework's transitory nature, late or 'low-bailing' payments are commonplace. There are no overtime disbursements, statutory holiday or vacation pay and no employment insurance for sick or seasonal tradespersons.

Most times, a homeworker's recourse is to discontinue work with employers.

In 1999, a $1.5 million class action lawsuit was launched by Fan Jin Lian and other homeworkers seeking back wages, overtime and vacation pay. The claim, filed by Veena Verma with the law firm Cavalluzzo Hayes Shilton McIntyre and Cornish, was made against five defendants: J. Crew Group in New York; Venator Group Canada Inc., which owns Northern Traditions, Northern Reflections and Northern Elements; Modern Times Ltd; E. Knitted Garment Inc. and Eliz World Inc. However, the plaintiffs were unsuccessful.

For the most part, homeworkers are an isolated, invisible group, according to UNITE Here Canada (formerly the Union of Needletrades, Industrial and Textile Employees). Formed in 1995, UNITE represents 25,000 workers in Canada and more than 200,000 workers internationally. "More and more homeworkers are feeling the pinch, because there is less and less work available ... It is very difficult to organize them in the traditional sense," says Alexandra Dagg, Canadian Director of UNITE. "They are so vulnerable. They feel like there is no option. They fear reprisals."

In addition to the Canada Labour Code, Ontario's Employment Standards Act sets out minimum standards for informed, fair and productive workplaces in the province. Offenders can be ordered to pay a fine of up to $50,000 and/or serve up to 12 months in jail. Corporate employers can be expected to pay a fine of $100,000 for a first offence, $250,000 for a second offence and $500,000 for a third offence. Although whistleblowers cannot be fired under the law, it is a habitual occurrence in the garment sector, according to Dagg. With no job security, disgruntled workers seldom come forward.