Le travail précaire, les femmes et le droit
Over the past few years, the labour market has been profoundly changed and the worker’s conditions have been increasingly precarious. This thesis focuses more specifically on the fact that this rise in precarious work has an adverse effect mainly on women because they are overrepresented inside precarious employment. Therefore, this thesis puts forward the following question: does precarious work reveal systemic discrimination by virtue of the Canadian Charter of Rights and Freedoms? The answer to this question is built around three demonstrations. Firstly, labour and employment law, in its present form, participates to the increase in precarious employment due to its inadequacy. Secondly, precarious employment is a gendered phenomenon. Indeed, a breakdown of employment reveals a relationship between women and forms atypical employment most likely to be precarious. Lastly, as the law is imputable in part for the increase in precarious employment, the one resulting from atypical work, it constitutes systemic discrimination against women and the State, which is responsible for ensuring that the laws treat every society member equally, is obliged to legislate to that end.
obligation positive precarious work nonstandard work women right to equality systemic discrimination positive obligation