The Ontario Federation of Labour

Negotiating Job Protections and Adjustment


Negotiating job protections and security includes a range of options:

  • no layoffs while the agreement is in effect
  • alternatives to layoffs
  • shorter work time (restrictions on overtime; reduced work weeks)
  • eliminating contracting out; pursuing a “contracting-in agenda”
  • converting contract or temporary workers to permanent status after a designated period of employment
  • eliminating use of temporary contract workers from employment agencies
  • increasing access to training; recognition of foreign credentials and work experience from outside Canada

There is no legislation in Ontario that requires employers to participate in adjustment. Many unions try to negotiate an employer commitment to adjustment into their collective agreements. Negotiating such clauses also builds awareness at the local level of the importance of preparedness.

Language on adjustment can ensure the employer will:

  • give advance notice of layoff or closure
  • set up and commit funds and time for training for an adjustment committee
  • commit funds toward the adjustment process
  • negotiate a close-out agreement addressing such issues as extended benefits, pension and severance provisions
  • commit funds to training and upgrading

Bargaining adjustment dollars and services into the contract ensures their provision and also helps avoid over-dependence on government funding. You may also be able to initiate programs at an early stage when activities are ineligible for government funding. When successful, bargained provisions can extend the scope for adjustment considerably beyond what is available through government programs.
Often though, negotiating an adjustment package takes place when layoff or closure is announced. For sample adjustment clauses in the areas of benefits, pensions, severance and adjustment programs, see adjustment.ca

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