Affiliations: Département des sciences juridiques,
Université du Québec à Montréal, P.O. Box 8888,
Station 'Centre-Ville', Montreal, Quebec, H3C 3P8 Canada. Tel.: +1 514 987
3000, ext. 8397; Fax: +1 514 987 4784; E-mail:
bernstein.stephanie@uqam.ca
Abstract: Objective: This paper looks at the role of legislated norms of
general application in shaping "family-friendly" workplaces and their
interaction with collectively-bargained standards in the retail service sector
and more specifically, in a single unionized retail sector in Quebec,
Canada. Methods: The methodology used is traditional legal research
methodology: analysis of laws, collective agreements and case law. The
principal norms examined concern parental and family leave, working time and
disparities between different employment statuses. Results: A series of legislative provisions have been adopted in
Quebec over the last 30 years whose objectives are the improvement of
family-related leave and the reduction of working time. Unions have also
negotiated provisions in collective agreements with these same goals. In the
low-wage retail sector studied, the working time standards negotiated between
the unions and the employers reflect the characteristics of the sector, most
notably extended opening hours, seven days a week. Predictability of hours also
varies according to employment status. Such issues as family-unfriendly working
time arrangements (last-minute scheduling, asocial hours, etc.) and the need
for flexibility in family-related leave are insufficiently taken into account
by the legislated and bargained provisions. Conclusions: A fine analysis and comprehension of existing formal
regulation, be it legislated or collectively-bargained, is required to fully
understand workers' experiences with work-family balance and to identify the
gaps between formal norms and the needs expressed by workers with respect to
work-family balance.
Keywords: Work-family balance, low-wage retail sector, regulation, legislation, collective bargaining, working time, predictability of hours, employment status, Quebec, Canada
DOI: 10.3233/WOR-2011-1273
Journal: Work, vol. 40, no. Supplement 1, pp. 119-128, 2011
