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12 Canadian Lab. & Emp. L.J. 177 (2005)
Non-Standard and Vulnerable Workers: A Case of Mistaken Identity

handle is hein.journals/canlemj12 and id is 197 raw text is: Non-Standard and Vulnerable Workers: A Case of Mistaken Identity? Rafael Gomez & Morley Gunderson* Applying an economic perspective, the authors examine the inter- section between the growing field ol non-standard employment and vul- nerable employment, and the implications for labour law rejorm aimed at assisting vulnerable workers. In the first part of the paper they con- sider reasons for the rise of non-standard and vulnerable employment, arguing that the same economic forces which have increased the vulner- ability ol many workers have also constrained governments Irom insti- tuting policies to help the disadvantaged. The authors contend, however that non-standard employment is a heterogeneous phenomenon, and that only a subset of non-standard workers can also be characterized as vul- nerable. hI the second part ol the paper the authors turn to the implica- tions ol these findings jbr the issue ol labour law reform, putting particular emphasis on the dijficulhy of targeting and enjorcing legisla- tive initiatives to assist vulnerable workers, and on the unintended nega- tive consequences of extending such protection. As an example, the authors point to the tradeoffs which may occur in the context ol mini- mum wage legislation and bans on mandatory retirement. The paper concludes by suggesting how economic principles may provide alterna- tive possibilities jbr improving the conditions ol vulnerable workers. Rafael Gomez is an Assistant Professor at Glendon College, York University, and a Lecturer in Management at the London School of Economics. He is also a Research Associate at the Centre for Industrial Relations and the Centre for International Studies at the University of Toronto. Morley Gunderson is the CIBC Professor of Youth Employment at the University of Toronto, and a Professor at the Centre for Industrial Relations and the Department of Economics. He is a Research Associate at the Institute for Policy Analysis, the Centre for International Studies, and the Institute for Human Development, Life Course and Ageing. We would like to thank those who provided valuable comments and sug- gestions, in particular Michael Lynk and John Craig. We would also like to thank Andrei Mazanik for his helpful research assistance.

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