Canadian HR Reporter

CANADIAN HR REPORTER March 7, 2016 6 NEWS New Frontiers in Health & Safety April 26 – 27, 2016 The International Centre Mississauga • ON Par tnersinPreventionConference.com Dr. James McLurkin Google Dances with Robots: One Engineer, 112 Little Robots, Toys, Insects & Star Wars Movies Ziya Tong Daily Planet Co-Host Leadership and The Animal Kingdom Martin Ford Author Rise of the Robots: Technology & the Threat of a Jobless Future KEYNOTE SPEAKERS R E G I S T E R N O W ! WSPS CdnHR ReporterHalf Page.indd 1 2016-02-01 1:59 PM Intern group withdraws from consultations Federal government looking to incorporate internships into Canada Labour Code BY SABRINA NANJI WHILE the federal government is trying to decide how to incor- porate internships into the Can- ada Labour Code, an association representing interns and young workers has said it will no longer be part of the conversation. In early February, the Canadi- an Intern Association withdrew from the government's consulta- tion process, saying the current proposals would allow for four- month unpaid internships in some federally regulated sectors. "We're having a hard time un- derstanding why there is a need for unpaid work for young people. We hit a wall with them," said Amy Kishek, the association's director of government relations. But labour minister Maryann Mihychuk encouraged those with a stake in internships to continue to participate in the conversation. "We have to recognize a chang- ing workforce. We've been talking about flexible work, and hopefully provinces and businesses will do the same," she said, adding that changing the fundamentals is key to meaningful change. "We're trying to find meaning- ful jobs for young Canadians who are unfortunately in 'Mcjobs' , tem- porary jobs — we need to get them out of their mom's basements and into the workforce." Working interns into the Can- ada Labour Code — which cur- rently does not address interns at all — is a mandate left over from the previous Conservative gov- ernment. One part of the changes has already taken place — provid- ing interns with health and safety protections under the law. In mid-February, the labour ministry announced it would dou- ble the Canada Summer Jobs Pro- gram, which provides funding to employers to help create summer job opportunities for students. e Liberals have also commit- ted to earmarking $1.5 billion over four years to create thousands of jobs, internships and apprentice- ships under its youth jobs strategy. Unpaid work not acceptable Unpaid work should only ever be legal when the employee is offered academic credit or as part of a vo- cational program training, said Kishek. "Employers should also make sure that the training they're of- fering is meaningful and linked to someone's broader career goals." Unpaid internships are largely illegal in Ontario, British Colum- bia and Quebec. e maritime provinces and Saskatchewan guarantee minimum wage to "employees" as defined under pro- vincial law. Alberta allows unpaid internships with an educational component, but the definition of "employee" allows for a loophole in the law, said the association. Ontario recently changed the Employment Standards Act to effectively outlaw unpaid intern- ships, with a few exceptions, such as training that's similar to a voca- tional school, the job being for the benefit of the intern and the em- ployer deriving little to no benefit. As well, the internship can't re- place another paid position and the employer can't guarantee it will lead to a paid position. Intern- ships that provide academic credit are also an exception in Ontario. However, the implementation and enforcement could be im- proved, said Kishek. "On the one hand, the Employ- ment Standards Act is clear, but it remains that there are employers in Ontario that hire unpaid interns who aren't part of an academic program. So what they're doing is illegal, but there's no enforce- ment. ere's no one responsible for finding these postings and fol- lowing through with these folks." Employer benefits An unpaid internship helped Mary Barroll break into her first career. "Not all my fellow students were as lucky," said Barroll, presi- dent of TalentEgg, a national job site for students and recent gradu- ates. "ere lies the problem. Un- paid internships are vulnerable to the exploitation of those who are themselves vulnerable. TalentEgg only posts intern- ships that are paid or part of an educational program or credit, she said. Responsible employers should therefore begin investing in young- er workers, said Barroll, which will contribute to the future of the or- ganization. But that doesn't mean there aren't challenges. "It's important that young, new hires have manageable and rea- sonable expectations, particularly during the transition from school to job — and employers know they will play the most important role in making sure that process is achieved smoothly and mutually beneficially," she said. Concerns such as high turnover have always been prevalent for industries with a younger labour market — but there are ways to mitigate these pitfalls, she said. "Employers can encourage employee retention by providing professional development, a col- laborative and healthy culture, a comfortable workplace designed to enhance collaboration and team-building, regular and mean- ingful performance feedback and opportunities for personal growth and advancement for employees." One fundamental problem is employers see internships as kind of permanent temporary posi- tions, which fuels the worst parts of the cycle, said Kishek. "Every few months, you're cy- cling through a new set of interns. It would be a lot more valuable for employers to simply pay wages upfront, invest in the individual, then grow them as part of their business model — as opposed to treating them as disposable, free labour." "We're having a hard time understanding why there is a need for unpaid work for young people. We hit a wall with them."

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