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In the managerial discourse, assessments, trainings, consulting and its literature of today, creative action and thought are no longer merely expected of artists, curators and designers. The new flexible, time based employees are the customers of the booming creativity-promotion market, provided with the appropriate advice-brochures, seminars, software etc. These educational programs, learning techniques and tools supply applicable methods, at the same time projecting new potential forms of being.

Creativity training demands and supports a liberation of creative potential, without addressing existing social conditions that might pose an impediment. On the one hand, then, creativity shows itself to be the democratic variant of genius: the ability to be creative is bestowed on everyone.

The call for self-determination and participation no longer designates only an emancipated utopia, but also a social obligation. The subjects comply with these new relations of power apparently by free will. These techniques are intended to mobilize and stimulate, rather than discipline and punish. As contingent and flexible as the 'market' is, the new labor subjects shall be. The requirement or Imperative to be Creative, to fit yourself in the market relates to the very traditional understanding of the artistic production, as the artists income is only possible by selling products over the art market a myth that nowadays gets very much valued again.


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But there is an important difference to the field of the managerial discourse at this point. But this myth of the non-recognized, unsuccessful but talented and misunderstood artist cannot be integrated into the managerial discourse easily. Or that a super engaged, motivated, flexible and mobile but unsuccessful Unemployed, who just did not get a job over the labor market, would get a retrospective in the MOMA with a coffee table book publication aside, and finally a place in the hall of fame…after his or her death.

But the subjectivity of non-recognition is integrated in the self-description of immaterial laborers at large. The artist as a model for self-describtion of the new flexible labor force was found in several studies in Germany lately on the Media and IT Business World, i. A subjectivity of contingency that embodies the failure of the Free Market into a positive individual experience, a privatization, a transformation of structural changes in the social, political and economical field, that are dealt with as a challenge.

Artist-subjects, intellectuals and bohemians are specifically European constructs. Scince the 16th century the creative, world-making ability was no longer regarded as a divine ability, but also a human one in reference to a specific mode of production relating intellectual and manual abilities to one another and distinguished from activities that are purely a matter of craft.

In this sense, the term "creativity" included reflexivity, technical knowledge and an awareness of the contingency of the creative process.

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In the 18th century, creativity was defined as the central characteristic of the artist, who was said to bring forth the world a new again as an autonomous "creator". In the emerging bourgouise and capitalist social form of western societies the concepts of aptitude and property were conjoined with the traditionally male notion of genius to produce an "exceptional subject", therefore the concepts of attitude and ownership combined with the idea of an ingenious and exceptional artistic mind.

Ever since, the precepts of c reative talent, being creative have served bourgeois individualism as a more general description for creative thought and action in the cultural and economic sense. The mythology of the artistic production process today continues moreover to project the image of a metropolitan lifestyle, where living and working are done in the same place - at a cafe, on the road — with the further illusory possibility of added enjoyment of 'leisure'. Historically the notions of flexibility and mobility thus originate precisely in the traditions of the drop-out and the generations of artists that sought to resist modernism's dictums of discipline and rationalisation.

In this way neoliberal ideology is fully realised as it acquires an aesthetic dimension, which has recently affected office design and living spaces, now become "habitats". Subjects are placed in new environments; associated lifestyle opportunities proliferate. Shared aesthetic experience, then, becomes an instrument of initiation. The style of living and working originally attributed to the artist promises new "urban living experiences" throughout Europe.

In the European competition for locational advantages in the global market, labour markets have been revamped and city districts enhanced since the late 90s with a culturalised vocabulary. Meanwhile, budget cuts in the social and cultural fields are legitimised under the paradigm of the "self-reliance" of cultural producers as entrepreneurs the core concept of the Creative Industries Ideology in this notion of economy based on "talents" and self-initiative.

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All this above mentioned discourses are not marginal. Rather, they have consequences for the whole of society. Meanwhile the conditions of production are disguised, in art and design as well as in the surviving remnants of industrial production and in other precarious jobs in the service sector. As shown in the spurious emulation of bohemian lifestyles by the IT industry, among others, much remains to be learned about a discourse on labour suffused with 'cultural language': the everyday circulation of this discourse, its effects on the formation of subjectivity and the relation between adjustment, failure and resistance.

With only a few exceptions, there has been little attempt to address these above mentioned phenomena in terms of their cultural rationale and effects, and little attention to the actors, their motivs and desires involved. Such employees are not entitled to public holidays or public holiday pay if they receive 7. Current rules around public holidays other than applicable exemptions were not widely raised during our consultations.

Some organizations suggested paid religious holidays that would mirror the two Christian-based public holidays Good Friday and Christmas Day. We heard from some organizations that they want public holiday pay to be simplified and more straightforward. For instance, the calculation could be more aligned with the applicable pay period.

There could be greater clarity about whether bonuses and other similar payments form part of the calculation. We also heard from small business that premium pay can impose a burden for retailers who need to be open on public holiday days. Employees who worked on a public holiday would still be entitled to premium pay or a substitute day off.


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Employees are entitled to 2 weeks of vacation time after each month vacation entitlement year. The ESA does not provide for any increases to the 2-week vacation time entitlement based on length of employment although a contract of employment or collective agreement might do so. There are rules around when vacation must be taken.

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Compared to other Canadian provinces and the federal jurisdiction, Ontario has the least generous provisions with respect to vacation time and pay. Most other provinces and the federal jurisdiction start with 2 weeks of paid vacation, and increase it to 3 weeks after a certain period of employment, which ranges from 5 to 15 years. One province, Saskatchewan, starts with 3 weeks of paid vacation, and increases it to 4 weeks after 10 years of employment.

Employee advocates and labour groups have said that vacation entitlements should be increased. Many suggested starting at 3 weeks of paid vacation, and increasing to 4 weeks after 5 years of employment. Some employer organizations said that the current entitlements around paid vacation should be maintained. Some want greater flexibility regarding when vacation pay is paid.


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  6. Under the current legislation, employees whose employer regularly employs 50 or more employees are entitled to 10 days of unpaid PEL. Section 50 of the ESA provides that an employee may use these days for a personal illness, injury or medical emergency or for the death, illness, injury or medical emergency or urgent matter concerning:. Employees must inform their employers about their plans to take the leave either before or as soon as possible after they have begun the leave. There were , businesses with employees in Ontario in For example, New Brunswick has sick leave of up to 5 days, family responsibility leave of up to 3 days, and bereavement leave of up to 5 days for a total of up to 13 days, whereas British Columbia has bereavement leave of up to 3 days and family responsibility leave of up to 5 days for a total of 8 days.

    Payment for any of these leaves is not common, but does exist. The federal jurisdiction provides 3 paid days of bereavement leave for immediate family members. Quebec offers 1 paid bereavement day for immediate family members, and Newfoundland and Labrador provide 1 paid bereavement day for a relative. Only Prince Edward Island provides for paid sick leave. After six months continuous service with an employer, an employee is entitled to unpaid leaves of absence of up to three days for sick leave during a twelve-month period.

    If the employee takes three consecutive days, the employer may ask for a medical certificate. Employees who have more than five years of continuous service with the same employer are entitled to one day of paid sick leave and up to three days of unpaid sick leave each calendar year.

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    Both states have provisions for paid sick leave, which are described in section 5. They have made recommendations to remove this threshold and extend PEL to employees working for smaller employers so that all employees could have access to this benefit. Employers asserted that PEL s should be assessed in the context of the other leaves that are provided in the ESA including: pregnancy leave, parental leave, family medical leave, organ donor leave, family caregiver leave, critically ill child care leave, crime related child death of disappearance leave, leave for declared emergencies and reservist leave see section 5.

    The problems many employer stakeholders point to is the complexity in navigating the various ESA leaves, and concerns about the way leaves are implemented. Some employers with generous paid sick leave and bereavement and other leave policies advised that some of their employees view PEL days as being an entitlement that exists in addition to leaves already provided by the employer.

    The ESA currently provides that:. Some employers have said that the nature and scope of the current PEL makes it difficult for employers to establish that their leave policies provide a greater right or benefit than PEL. For example, some say that even though they provide for paid sick leave, some employees are asking for additional unpaid sick leave days pursuant to the statutory provision. During consultations, we heard from a number of employers about absenteeism and employees abusing the PEL provisions. Some employers pointed to high levels of absenteeism on Mondays and Fridays and on days abutting holidays as circumstantial evidence of abuse.

    Employers point out that the impact of such leaves when expressed as a right or entitlement can be very significant particularly because employers are not given much, if any, notice by employees of their intention to take such leaves.

    Employers’ Obligations to Seasonal Employees

    Indeed the very nature of such leaves, being related to emergencies precludes much notice being given in most circumstances. The leaves, although unpaid, often trigger additional costs to schedule overtime for others to fill in for the absent employee or even to staff at higher levels than necessary in order to retain the requisite staffing levels for their manufacturing operations. Absenteeism and the management of absenteeism is a major concern for employers because it adds to costs and decreases productivity.

    Working Time, Knowledge Work and Post Industrial Society Unpredictable Work

    We did not hear from many smaller employers but we anticipate that they might well have vigorous opposition to any extension of the PEL provisions to employers who regularly employed less than 50 employees. Such employers do not have the resources to employ human resources professionals and lack the expertise needed to deal with absenteeism issues. Secondly, there is a concern that they do not have the flexibility and the capacity to deal with PEL s as currently framed in the legislation. It can be expected that small employers have key employees who perform essential functions and who cannot be replaced on a short-term temporary basis.

    As described in the section 5. In Expected and Actual Impacts of Employment Standards, a paper prepared for the Changing Workplaces Review, Professor Morley Gunderson noted there is not a lot of research documenting the extent to which personal and other leaves are taken and their effects on health and other outcomes.