什么是工资盗窃?
[主持人]: 安大略省民众面临着最大的问题是负担能力和生活成本。工资盗窃可能会带来一系列全新的挑战。Ghada Al Sharif 是《多伦多星报》的移民和劳工记者。Jared Ong 是工人行动中心的一名组织者。很高兴两位来到我们的演播室。非常感谢你们抽出时间。我想先深入了解一下安大略省的工资盗窃问题。Jared,你会怎么描述它?
Original English
[Host]: Affordability and cost of living are top issues for Ontarians, and surveillance pricing could create a whole new set of challenges. Ghada Al Sharif is an immigration and work reporter for the Toronto Star. Jared Ong is an organizer with the Workers Action Centre. Great to have you both in our studios. Thank you so much for taking the time. I want to start off with getting a sort of a better understanding of the issue of wage theft in Ontario. Jared, how would you describe it?
[Jared Ong]: 对我来说,很多人认为工资盗窃只是“我工作了,但老板没付工资”。但我认为应该从更广泛的意义上来理解。这不仅包括超时工作未获得报酬,还包括你所有的应得权益,比如在公共假期工作没有获得公共假期工资,没有获得 4% 的假期工资。它也包括错误分类。当雇主说“嘿,你实际上不是我的员工,我不会为你缴纳养老金 (CPP) 和就业保险”,当你失业时,你拿不到遣散费,也没有资格申请就业保险。所以工资盗窃是一个非常复杂的问题,我不想狭义地定义它。而且我想说它的规模非常大。在过去十年中,安大略省劳工部评估的被窃工资约为 2 亿加元。我相信这只是实际被盗工资的一小部分,因为大多数工人不想投诉并走劳工部的程序。
Original English
[Jared Ong]: So to me, a lot of people see wage theft as just as I was working, my boss didn't pay me for my wages, but I would see it as it's good to understand more of an expanded sense. So it's not only I was working overtime and didn't get paid, but it's also all the entitlements that you have, such as you were working for a public holiday, you didn't get public holiday pay, you were working vacation, you were working, you didn't get your 4% vacation pay. But it's also things such as misclassification. When an employer says, hey, you're not actually my employee, I'm not going to contribute to your CPP, your employment insurance. And when you lose your job, you won't get termination pay. You won't qualify for employment insurance. So wage theft is a very I wouldn't want to broadly define it. And I also want to say the scope is very big. So in the last ten years, about $200 million was assessed by the Ministry of Labour, stolen wages from worker's pockets. And I believe that's just a fraction of what's actually was stolen, because most workers don't want to make a complaint and follow the Ministry of Labour.
工资盗窃的危机
[主持人]: 好的。帮忙解释一下。Jared 所说的 2 亿加元只是冰山一角。在这个国家,或者说在这个省,你会怎么描述工资盗窃?
Original English
[Host]: All right. Got to help us explain. Just the tip of the iceberg is sort of kind of what Jared is saying in terms of that $200 million. How would you describe wage theft in this country, in this province rather?
[Ghada Al Sharif]: 是的,绝对是。根据我的报道,我会说这是“冰山一角”。我和劳工倡导者及法律专家交谈过,他们称其为“显而易见的危机”。它的规模相当巨大。正如 Jared 所提到的,它通常发生在那些害怕发声、害怕或者可能不知道自己在加拿大享有的劳工权利的工人身上。这不成比例地影响了移民工人、新移民、国际学生,以及那些处于不稳定状态、害怕一旦投诉就会失去身份的人。
Original English
[Ghada Al Sharif]: Yeah, absolutely. So I would call it I would say it's the tip of the iceberg from the reporting that I've done. I've spoken to labour advocates and legal experts who've called it a crisis in plain sight. The scope of it is is quite massive. As Jared mentioned, it typically occurs among workers who are afraid to speak out, who are afraid or maybe might not know their rights in Canada, their labour rights. And that disproportionately impacts migrant workers, newcomers to Canada, international students, people who have precarious who are here under precarious status and who fear that they might lose that status if they. If they make a complaint.
脆弱的工人群体
[主持人]: 在你的报道经历中,你报道过很多故事。我知道你不能透露具体细节。你能给我们举一些例子,说明这些工人处于什么样的境地吗?
Original English
[Host]: In your reporting experience, you have covered a number of stories. I know you can't go into the specifics. Can you give us some examples of sort of what situations some of these workers are in?
[Ghada Al Sharif]: 是的。情况可能变得非常复杂。我和许多工人谈过,正如我所说的,他们从事的是低薪职位。我采访过的一位工人,他叫 Alberto。他来自墨西哥。他来到加拿大希望能在这里学习、工作,并帮助母亲支付癌症治疗费用。他在 Kijiji 上找到了一份做 CNC 程序员的工作,雇主在口头同意支付他每小时 20 加元后开始延迟付款。Alberto 没有理由不信任他的雇主。随着时间的推移,这些付款变得越来越少,直到完全停止。最终,他不得不乞求并恳求他的雇主支付他工资,仅仅是为了能买得起食物。他不知道该怎么办。他不知道该向谁求助,如我所说,他身处这里,身份是不稳定的。他感到非常孤独,对这一切感到崩溃。
Original English
[Ghada Al Sharif]: Yeah. Well, it can get really complicated. So a lot of the workers I've spoken with, like I said, are working in low wage positions. One smoker, one one worker I spoke with. His name is Alberto. He's from Mexico. And he came to Canada hoping to study here, to work here and help his mom pay for cancer treatment. And he got a job off of Kijiji, working as a CNC programmer, and his employer started delaying payments after verbally agreeing to pay him $20 an hour. And there was no reason for Alberto not to trust his employer. And over time, those payments became fewer and farther in between until they stopped altogether and his. Eventually he had to beg and plead his with his employer to pay him just to be able to afford food. And there's no. He had no idea what to do. He didn't know who to turn to again, like I said, he was here. His. His his status was precarious. And he just he was he felt very alone and, and devastated by the whole thing.
隐蔽的工资盗窃
[主持人]: Jared,这个故事并不让你感到意外。这听起来是你经常听到的。你们小组处理的针对雇主的投诉中,最常见的工资盗窃类型是什么?
Original English
[Host]: Jared, that story doesn't surprise you. This is what you hear a lot of. What are some of the most common types of wage theft that you are seeing from workers who are making complaints against employers through your group?
[Jared Ong]: 有时非常明显。正如我所提到的,可能就是雇主直接不付钱。但有时它非常阴险,我认为阴险的部分最难处理。例如,雇主可能不支付小费,或者扣留小费,这特别棘手,因为很多小费是被汇总然后分配的,但没有适当的记录。我想补充一点,正如 Ghada 所提到的,很多人感到害怕而不敢真正说出来。很多人因为发声而感到羞耻,有时工资可能会延迟。你可能拿到的工资比你应该得到的少,但这是生活成本危机。所以也许 500 加元比你应得的要少,但这总比完全没有要好,如果你被解雇了,那你一点工作都没有了。
Original English
[Jared Ong]: Sometimes it's very obvious. As I mentioned, it can be just be like, my employer didn't pay me. But sometimes it is very insidious and I think the insidious parts are the most hard for people to navigate. So, for example, an employer might not pay them the tips might be taking away their tips, and especially tricky because a lot of tips are being pulled and then distributed, but there isn't proper records around that, for example. And I think just to add on what Guido was mentioning, I think a lot of people feel afraid to actually speak up. A lot of people feel a bit ashamed for speaking up, and sometimes payments might be delayed. You might be paid less than your what you're owed, but it's a cost of living crisis. So maybe $500 is less than what you're owed, but it's better than zero. If you get fired and you have no job at all.
转包与问责危机
[主持人]: 明白了。转包的趋势日益增长。正如我们提到的,我想让我们理解人们是如何成为这种受害者的,这在很多方面相当复杂。但这种转包又增加了一个全新的层面。所以我想了解这使得问责制变得更加困难了吗?
Original English
[Host]: Got. There is an increasing trend of subcontracting. And I want us to help understand sort of the, as we mentioned, quite complex in terms of how people are sort of being victims of this. But this subcontracting adds a whole other level to it. And so I want to understand how does that make accountability more difficult?
[Ghada Al Sharif]: 当然。重要的是要注意,现代商业结构确实使雇主更难承担责任。安大略省的劳工法是为那种直接的雇主对雇员的传统关系而制定的。但随着时间的推移,我们看到很多企业的实际情况并非如此。我们看到了更多,如你所提到的,公司承包给其他公司,那些公司然后再承包给其他公司。这创造了一层企业面纱,保护了雇主免受任何形式的问责,或者不是保护,但它使人们更难让那些雇主承担责任,并搞清楚到底是谁负责员工以及负责支付员工薪水。我为《多伦多星报》做的工资盗窃系列报道采访过的一位工人,她的名字叫 Julietta,她实际上被雇佣为多伦多长期护理院的清洁工。她以为她是多伦多市政府雇佣的公司支付和雇佣的。但结果证明,她实际上是被那家公司进一步转包的某个人支付的。所以当她需要向劳工部提起投诉时,困难得多,因为她根本不知道指挥链。因此调查花费了更长的时间。她至今还没有拿到工资。当我联系多伦多市时,他们甚至不知道他们雇佣的那家公司已经转包给了另一家公司。
Original English
[Ghada Al Sharif]: Absolutely. So it's important to note that modern business structures really make it harder to hold accountable, to hold, to hold employers accountable. And Ontario's labour laws are built more for that direct employer to employee traditional relationship. But as time goes on, we see that that is not necessarily the case for a lot of businesses. We're seeing much more, as you mentioned, company companies contracting to other companies, those companies then contracting to other companies. And that creates a corporate veil which protects the employer from any kind of accountability or not protects, but it makes it harder to hold those employers accountable and figure out who is responsible for the staff and responsible for paying the staff. One of the workers I interviewed for a wage theft series I did for the Toronto Star. Her her name is Julietta, but she was actually hired as a cleaner for City of Toronto long term care homes. And she thought she was being. She she thought she was being paid and hired by a company that the city of Toronto had hired. But it turns out she was actually being paid by somebody that that company had hired farther down. And so when it came time for her to raise a complaint to the Ministry of Labour, it was much harder because she didn't actually know the chain of command. And so the investigation took longer. She still hasn't got paid. And when I spoke to the city of Toronto, they weren't even aware that that company that they had hired had subcontracted another company.
工资回收的成效
[主持人]: 好的。所以我已经可以看出,当工人来找你们寻求帮助梳理这一切时,有很多事情需要弄清楚到底谁在负责。你们的客户在追回欠薪方面的成功率如何?
Original English
[Host]: Okay. So I can already see that when workers come to you to help sort of sift through all this, there is a lot to kind of figure out who's in charge. How successful have your clients been in recovering wages owed to them?
[Jared Ong]: 我们在采取直接行动和追回资金方面相当成功。我想说有时甚至比劳工部还要快。因为劳工部的程序从你提交索赔开始可能需要长达一年的时间,但通过直接行动、信件、公众压力,我相信仅今年我们就为工人追回了约 8 万加元的资金。但我百分之百同意。处理那种“我可能在某个地方工作,但我的制服上写的是不同的东西。我的主管说的是不同的东西。我的工资单写的是不同的东西。谁是我的雇主?”的复杂性。我认为法律并没有跟上企业为了蓄意规避法律而进行重组的速度。而转包是一个大问题。
Original English
[Jared Ong]: We've been pretty successful in getting direct action and getting money back here and there. I would say sometimes even faster than the Ministry of Labour. Sometimes because the Ministry of Labour process can take up to one year from the time you actually file a claim, but through direct action, through letters, through public pressure, we have gotten about $80,000, I believe, this year alone for workers getting money back. But I hundred percent agree. Navigating the complication of I might be working at one place, but my uniform says a different thing. My supervisor says a different thing. My pay stub says a different thing. Who is my employer? And I think the laws have not caught up with how businesses are structuring to purposely evade the law. And subcontracting is a big thing.
劳工部与财政部的困境
[主持人]: 帮我理解一下,你提到了劳工部,但财政部在其中也发挥了作用,这让人有点困惑。你能帮我梳理一下吗?
Original English
[Host]: Help me understand, you mentioned the Ministry of Labour, but the Ministry of Finance also plays a part in this, and that gets a bit confusing as well. Can you help me shed some?
[Jared Ong]: 是的。当工人提交索赔时,他们通过劳工部提交索赔,从有人提交之日起,调查开始和完成需要六个月到一年的时间。但在工人索赔,调查完成,并且他们说“嘿,坏老板,你需要付款”而老板不付款之后。然后它会被转移到财政部进行收款等等。问题是,尽管评估出欠薪 2 亿加元,但约有 8000 万加元尚未被收回。
Original English
[Jared Ong]: Yeah. So when a worker files a claim, they file a claim through the Ministry of Labour, it takes anywhere from like six months to nine year for the investigation to start and complete from the time someone is filed. But after a worker, the investigation is finished and they say, hey, bad boss, you need to pay up and the boss does not pay up. Then it gets transferred to the Ministry of Finance to do collections and everything. The problem is, despite $200 million being assessed as owing, about $80 million have not been recovered.
[主持人]: 好的。
Original English
[Host]: Okay.
[Jared Ong]: 所以那是很多从人们口袋里流走的钱。我总是认为这是一个巨大的权力失衡。如果我从老板那里偷了 5000 加元,很快警察就会来,我会立刻被解雇。他们会把钱要回去。如果我的老板从我这里偷了 5000 加元,这需要一年,而且财政部很可能收不回那笔钱。到头来,即使我提出了投诉,我还是会被解雇。所以。
Original English
[Jared Ong]: So that's a lot of money out of people's pockets. And I always see it as such a big power imbalance. If I stole $5,000 from my boss very quickly, the police would come, I would get fired. They would get the money back. If my boss stole $5,000 from me, it will take a year, and there's a good chance the Ministry of Finance will not recover that money. And at the end of the day, even when I do make a complaint, I still get fired. So.
[主持人]: 好的。明白了。在我提到、在你之前,我应该提到我们确实联系了劳工部和财政部,但我们在录制时没有收到回复。但你想在上面补充一点吗?
Original English
[Host]: All right. Got it. Before I mention, before I get to you, I should mention that we did reach out to the Ministry of Labour and the Ministry of Finance, but we did not hear back in time of our taping. But do you want to add in on there?
[Ghada Al Sharif]: 是的,我还想说,理论上,一旦案件进入财政部的收款程序,财政部可以而且确实联系了那些雇主,你知道的,比如扣押工资,他们威胁雇主扣押资产、留置权。然而,在实践中,雇主很容易就消失了。我在我的报道中也注意到了这一点,当我试图联系我们正在为工资盗窃系列调查的雇主时,他们要么拒绝回应,要么电子邮件被退回,电子邮件不再存在。我找不到企业的地址,或者它们是郊区的随机地址。这对我来说只是显示了雇主忽视劳工部发出的付款令是多么容易。
Original English
[Ghada Al Sharif]: Yeah, I wanted to say, too, that in theory, the once the case goes to collections under the Finance Ministry, the Finance Ministry can and has reached out to those employers for, you know, Garnishments they've threatened employers with seizing assets, liens. However, in practice, it's very easy for employers to just disappear. And I noticed that in my reporting as well, where when I tried to reach out to the employers that we were investigating for the wage theft series, they either refused to respond, emails bounced back, emails no longer exist, emails no longer existed. Addresses were. I couldn't find the addresses of the of the business or they were random addresses in the suburbs. So it just showed to me how easy it is for employers to ignore orders to pay that are issued by the Ministry of Labour.
政府执法力度
[主持人]: 好的。劳工部使用几种机制来追究雇主的责任。最严重的指控是所谓的第三部分起诉,涉及高额罚款、监禁时间,并且劳工部将雇主列入公共记录。我想调出一张图表,显示自 2017 年以来第三部分起诉的实例,你可以看到 2017 年有 79 例,2018 年有 50 例。我想关注过去五年,过去五年中有三年。我们在这里谈论的是个位数。Jared,这张图表告诉了你关于安大略省政府如何严肃对待这个问题的信息吗?
Original English
[Host]: All right. There are a few mechanisms that the Ministry of Labour uses to hold employers to account. The most serious charge is what is known as a part three prosecution, which involves hefty fines, jail time and the Ministry of Labour enters the employer into a public record. I want to pull up a chart that shows the instances of part three prosecutions since 2017, and you can see in 2017 79, in 2018 50. And I want to focus in the last five years, three out of the last five years. We're talking single digits here. Jared, what does this chart tell you about how seriously the Ontario government takes this problem?
[Jared Ong]: 在我看来,虽然安大略省政府说“我们要对糟糕的雇主采取强硬态度”,但这只是个别害群之马。我们要确保阻止他们在实践中盗窃工资,尽管他们把大棒做得很大。如果这是一种胡萝卜加大棒的情况,他们并没有真正全力以赴。所以他们实际上大谈特谈将起诉的最大罚款金额从 5 万加元翻倍到 10 万加元。但如果问题的规模如此巨大,而你并没有真正使用所有可用的工具,例如财产留置权、银行账户被扣押,那么如果劳工部没有资源和人员来真正使用所有工具,那么拥有所有这些工具的意义何在?
Original English
[Jared Ong]: It seems to me that although the Ontario government says we're going to be tough on bad employers, it's a few bad apples. We're going to make sure to deter them from doing stealing wages in practice, although they made the stick really big. If it's a carrot and stick kind of situation, they're not really swinging for the fences very much. So they actually made a big deal about doubling the amount of maximum fines for prosecutions from $50,000 to $100,000. But if the scope of the problem is so big and you're not actually using all the tools available, such as liens on property assets, bank accounts being garnished, then what is the point of having all these tools if the ministry does not have the resources and the staffing to actually use all of the tools?
新法案的质疑
[主持人]: 好的。我想谈谈一个新的法案。安大略省今年 4 月推出了 105 号法案,名为《2026 年保护安大略省工人和经济复原力法案》。这个法案中有什么东西能保护工人免受我们一直在谈论的问题吗?
Original English
[Host]: All right. I want to talk about a new bill. Ontario introduced Bill 105 in April this year, called Protecting Ontario's Workers and Economic Resilience Act 2026. Is there anything in this bill that will protect workers from what we have been talking about?
[Ghada Al Sharif]: 关于 105 号法案,有趣的是,它是在安大略省面临工资盗窃执法危机时引入的。问题是,围绕谁决定什么是骚扰性投诉 (vexatious) 缺乏透明度,我们如何决定什么是骚扰性的?所以,当我们已经在面对这个问题时,我们却要消除这种透明度,这说明了这个法案在保护工人方面会做什么。正如 Jared 所说,数百万美元仍然被欠着。
Original English
[Ghada Al Sharif]: What's interesting about Bill 105 is that it's being introduced at a time when Ontario is facing an enforcement crisis when it comes to wage theft. The issue is that it's a lack of transparency around who decides what is vexatious, how do we decide what is vexatious? So the fact that we're getting rid of that transparency at a time when, you know, as Jared said, millions of dollars are still owed, the bill will give the Ministry of Labour power to refuse to investigate wage theft claims that have come forward. You know, we're already we're still facing this this problem, I think, says a lot about what this bill will do to protect workers.
[主持人]: Jared。
Original English
[Host]: Jared.
[Jared Ong]: 这有点像《阴阳魔界》,倡导者、组织者、记者告诉政府,“我们希望你能对积压案件做点什么”。工人不能等一年,而他们通过处理积压案件歪曲了这个愿望。我们不会调查所有案件,以防它们是骚扰性的。如果它们是骚扰性的,我们只是会检查一些案件。他们陈述的原因之一是缺乏证据。我们不会因为缺乏证据而调查案件,但我们知道雇主非常善于隐藏证据。他们会通过 WhatsApp 发送所有时间表。他们会删除 WhatsApp 消息。也许你有一个公司电子邮件,你在那里保存了所有记录。一旦你离职,他们就会删除你的 Gmail 账户。你无法再访问任何东西。你尝试通过打电话、发电子邮件来寻找雇主。他们消失了。所以,如果证据和缺乏证据是他们不想调查你的案件的原因,那么这是一种非常扭曲的方式。政府正试图处理积压问题。
Original English
[Jared Ong]: It's a bit like a twilight zone where advocates, organizers, journalists tell the government, we wish that you would do something about the backlog. Workers cannot wait one year and they twist the wish by doing listen to deal with the backlog. We're not going to investigate all cases in case they're vexatious. In case they are, we're just going to inspect some cases. And one of the reasons they stated was lack of evidence. We won't investigate cases due to lack of evidence, but we know that employers are very good at hiding evidence. They would send you all the schedules by WhatsApp. They would delete the WhatsApp messages. Maybe you have a company email where you kept all your records. Once you leave the job, they delete your Gmail account. You don't have access to any more. You try to find employers by calling them, emailing. They disappear. So if evidence and the lack of evidence is the reason why they want to not investigate your case, then that is a very twisted way. The government is trying to deal with the backlog.
政策改革建议
[主持人]: 话虽如此,Jared,什么样的政策改变会对保护工人免受工资盗窃产生有意义的结果?
Original English
[Host]: With that being said, Jared, what policy changes would have a meaningful result to protect workers from wage theft?
[Jared Ong]: 对我来说,有三件主要的事情,对吧?如果我可以总结一下,我会说第一,真正执行法律,使用所有必要的工具来真正追回欠款。第二,我会说堵住漏洞,这样对工人和转包商特许经营权就不会发生不当分类。临时中介机构都是共同且连带责任的。我想说的第三件事是保护那些现在真正为自己的权利挺身而出的工人。如果你为你的权利挺身而出,你就会被解雇,你就会受到惩罚,你总是会闹上法庭。所以,在纸面上,报复是非法的。在实践中,你无论如何都会被解雇,而且你将需要一年时间来真正进行反击。所以这就是我建议的三项政策解决方案。
Original English
[Jared Ong]: So for me, there are like three main things, right? If I could sum it up, I would say one, actually enforce the law, use all the tools necessary to actually get the money back. Two, I would say close the loopholes so that misclassification doesn't happen for workers and subcontractors franchises. Temp agencies are all jointly and severally joint and several liability. And the third thing I would say is protect workers that actually stand up for their rights right now. If you stand up for your rights, you're going to get fired, you're going to get punished, you're going to always be in court. So on paper, reprisals are illegal. In practice, you're going to get fired in any way, and you're going to take one year to actually push back. So that is the three policy solutions that I would suggest.
[主持人]: 我们必须到此为止了。但 Jared,Ghada,我真的很感谢你们花时间和我谈论这个非常重要的故事。非常感谢。
Original English
[Host]: We are going to have to leave it there. But Jared, Ghada, I really appreciate you taking the time to talk with me about this very important story. Thank you so much.
[Ghada Al Sharif]: 谢谢你的邀请。
Original English
[Ghada Al Sharif]: Thank you for having me.
[Jared Ong]: 谢谢你的邀请。
Original English
[Jared Ong]: Thank you for having me.