RADIEM (Regroupement pour l’abolition des décrets de l’industrie de l’entretien ménager, or Coalition for the Abolition of Decrees in the Public building cleaning industry) is a group that seeks to abolish the Decrees respecting building service employees. It brings together industry and workers businesses of all sizes. RADIEM is currently grouping more than 210 members.
It seeks to abolish:
- the Decree respecting building service employees in the Montréal area;
- the Decree respecting building service employees in the Québec City area;
- parity committees that oversee the application of these decrees.
The legislation that created these decrees, the Act respecting collective agreement decrees (D-2, ARCAD), was enacted in 1934. Since its adoption, more than 80 years ago, Quebec and Canada have enacted several laws to ensure the effective protection of workers:
- Act respecting occupational health and safety (CQLR, c. S-2.1)
- Act respecting industrial accidents and occupational diseases (CQLR, c. A-3.001)
- Pay Equity Act (CQLR, c. E-12.001)
- Act respecting labour standards (CQLR, c. N-1.1)
- Act to promote workforce skills development and recognition (CQLR, c. D-8.3)
- Act respecting parental insurance (CQLR, c. A-29.011)
- Act respecting the Québec Pension Plan (CQLR, c. R-9)
- Voluntary Retirement Savings Plans Act (CQLR, c. R-17.0.1)
- Employment Insurance Act (S.C. 1996, c. 23)
- Canada Labour Code (R.S.C., 1985, c. L-2)
- Canadian Human Rights Act (R.S.C., 1985, c. H-6)
- Wage Earner Protection Program Act (S.C. 2005, c. 47, s. 1)
- Employment Equity Act (S.C. 1995, c. 44)
Although it acknowledges the importance to protect the employees’ working conditions, RADIEM believes that the numerous legislations contemporary to the Act respecting collective agreement decrees are more than sufficient to do so, and that this Act is anachronistic.
Why then put weight on the framework of an industry in which 90% of the companies have fewer than 20 employees?
First and foremost, RADIEM asks that if the decrees should survive, an independent and impartial body such as the state should be put in charge of their administration, to avoid any discrimination from the Parity Committees in the industry.
Therefore, Revenu Quebec or CNESST (Commission des normes, de l’équité et de la santé et sécurité du travail) should be responsible for determining the subcontractor status.
The Quebec government is trying to reform the decree system by presenting solutions to enhance the transparency and accountability of parity committees. During the consultations on bill n°53 that took place in October 2016, different groups that represent many workers affected by these decrees publicly called into question the relevance of maintaining such an antiquated and abusive system. Are Parity Committees really useful and relevant when there are so many legislations already in place to protect Quebec workers?
During these consultations, RADIEM was able to present different solutions that would help eliminate unfair competition, lack of transparency as well as conflicts of interests.
Consultations in front of the Committee on Labour and the Economy (October 18th 2016) : RADIEM’s presentation (in French) : (voir le lien vers le video version française)
Report on Bill n°53: An Act to update the Act respecting collective agreement decrees mainly to facilitate its application and enhance the transparency and accountability of parity committees.