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CONTRATOS COLECTIVOS DE PROTECCIÓN PATRONAL EN LAS EMPRESAS HOLANDESAS EN MÉXICO

CONTRATOS COLECTIVOS DE PROTECCIÓN PATRONAL EN LAS EMPRESAS HOLANDESAS EN MÉXICO. COLLECTIVE CONTRACTS THAT PROTECT EMPLOYERS (CCPE). THE CASE OF DUTCH COMPANIES IN MEXICO. MAIN EFFECTS OF CCPE. THE CCPE PRACTISES RESULT IN AN UNBALANCED RELATION BETWEEN THE TWO MAIN ACTORS OF PRODUCTION,

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CONTRATOS COLECTIVOS DE PROTECCIÓN PATRONAL EN LAS EMPRESAS HOLANDESAS EN MÉXICO

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  1. CONTRATOS COLECTIVOS DE PROTECCIÓN PATRONAL EN LAS EMPRESAS HOLANDESAS EN MÉXICO COLLECTIVE CONTRACTS THAT PROTECT EMPLOYERS (CCPE). THE CASE OF DUTCH COMPANIES IN MEXICO

  2. MAIN EFFECTS OF CCPE • THE CCPE PRACTISES RESULT IN AN UNBALANCED RELATION BETWEEN THE TWO MAIN ACTORS OF PRODUCTION, EMPLOYERS AND EMPLOYEES: • PRODUCE MEANINGFUL SAVINGS ON LABOUR EXPENSES FOR THE COMPANY • REDUCE THE ABILITY OF WORKERS TO ACT FREELY IN COLLECTIVE BARGAINING AND COLLECTIVE ORGANISATION • DECENT WORK CONDITIONS BECOME LESS ATTAINABLE TO ALL WORKERS IN THE COUNTRY DUE TO THESE PRACTISES

  3. WHICH DUTCH CORPORATIONS ARE INVOLVED IN THIS PRACTISE IN MEXICO? ALL DUTCH CORPORATIONS IN MEXICO PRACTISE CCPE WHY? • THE PRACTISE OF CCPE IS WIDELY EXTENDED AND INCLUDE ABOUT 85% OF ALL COLLECTIVE CONTRACTS IN THE WHOLE COUNTRY • DUTCH CORPORATIONS DO NOT IDENTIFY IN THEIR SOCIAL RESPONSABILITY CODES THIS PRACTISE AS UNDESIRABLE. • HUMAN RESOURCES OFFICERS CONSIDER CCPE AS A MATTER OF MANAGERIAL TROPICALISATION • MEXICAN WORKERS ‘ACCEPT ‘ THE PRACTISE BECAUSE IT IS BETTER THAN NOT HAVING EMPLOYMENT AT ALL

  4. Dutch corporations in Mexico en monitoredbythe CILAS-FNVobservatory: AKZO NOBEL From 2002 until 2009 UNILEVER From 2006 until 2009 PHILIPS From2002 until 2009 ING 2009 HEINEKEN 2010

  5. Note: In Philips, Akzo Nobel, and Heineken, companies without union are not considered for their INDEX, condition that heigthens their grade.

  6. TYPES OF UNIONS IN MEXICO PRESENT IN DUTCH COMPANIES Active bargaining, seeks improvements for employees Least liked by government and labour authorities • DemocraticUnion i) IndependentHEINEKEN (1) ii) DemocraticinsidefactoryAKZO NOBEL (1) UNILEVER (1) • Charro (StatelyControledUnion) ING (11), PHILIPS (1) • White (CompanycontroledUnion) HEINEKEN (9), PHILIPS (1) • Ghost (FullyProtectiveUnion) UNILEVER (4) • Workerswithoutunion and collectivecontract PHILIPS (6), AKZO NOBEL (4), HEINEKEN (1) Closer to what government’s labour officials call PAZ LABORAL Protective for employers aimed to avoid bargaining Employer Protection Contract System: Policy aimed to attract Direct Foreign Investment

  7. DIFFERENT TYPES OF UNIONS IN DUTCH COMPANIES IN MEXICO(5 CORPORATIONS, 40 COMPANIES) • DemocraticUnion HEINEKEN (1), AKZO NOBEL (1) UNILEVER (1), = 3 • StatelyControledUnion ING (11), PHILIPS (1) = 12 • White Union (companycontroled) HEINEKEN (9), PHILIPS (1) = 10 • GhostUnion UNILEVER (4) = 4 • Workerswithoutunion and collectivecontract PHILIPS (6), AKZO NOBEL (4), HEINEKEN (1) = 11 NUMBER OF UNIONS

  8. EmployerProtectionContractSystem: • SpecialistssaythatCCPE’s are a perversion of thespirit of law, butmostsurprisinglythey are lawful • CCPE’s are mucholderthan Outsourcing and accomplish a similar function. Theygotogetherwell as bothempowerprecariouswork positions • CCPE are madepossiblethrough a specialisednetwork of lawyers, labourofficers, labourcourts, familyinheritage of unionleaderships, strikebreakers, deepthroatinformants, and thelike. • ‘Unions’ act as jobbery[1]brokers of employment [1]n. a corrupt dealing (Illustrated Oxford Dictionary, 2003)

  9. Questions for dutch Corporations Whatistheeffectivenumber of unionmembers in eachcompany in Mexico Who do theyreallybargainwithwhentheysign a collectivecontractwhichworkers do notknow? Ifthey are bargainingwith a ‘labourbroker’ orlabourintermediary, what are thecosts of suchproceedures?

  10. What can be done? • Define shortly and clearlyforcompanieswhytheprotection ‘collective’ contractisnot a goodmanagerialpractise and howit can bedetected and avoided • PutpressureonBoards of Shareholders and Managers to introduce specificClauseson CCPE in theCorporative Social ResponsabilityCodes • Develop a MexicanIndex of GoodLabourPractiseswhere CCPE isquantified in money, work and lifeconditionslossforemployees, as well as earningsforbrokers • Promotethatlabour monitor organisations are recognised as externalinstances (graders) that can examine suchpractises, throughprobatorydocuments and direct interviews tohumanresourcesofficers, as well as • allsorts of workers, and notonly ‘protectionunionists’ • Supportworkerswho are fightingforbetterunions and promoteexchange of experiencewithunionists in theNetherlands

  11. SOME CONCLUSSIONS IT IS MOST IMPORTANT TO STATE THAT CCPE PRACTISES ARE NOT A MATTER OF TROPICALISATION OF COMPANY MANAGEMENT CCPE ARE PART OF A GOVERNMENT’S POLICY TO ATTRACT FOREIGN INVESTMENT, WHICH IS KNOWN AS PAZ LABORAL CCPE ARE PRESENT IN A WIDE RANGE OF UNION TYPES IN MEXICO AND IN DIFFERENT GRADIENTS OF COMPANY PROTECTION CCPE RENDER SAVINGS TO A COMPANY BASED ON THE REPRODUCTION OF PRECARIOUS WAGE AND LABOUR CONDITIONS, THAT IS, UNDECENT WORK CCPE ENRICH PROFESSIONAL BROKERS OF SIMULATED UNIONS, AND OF COURSE, VOID, IN DIFFERENT EXTENTS, THE EXERCISE OF THE FUNDAMENTAL LABOUR RIGHTS: FREEDOM OF COLLECTIVE ORGANISATION FREEDOM OF COLLECTIVE BARGAINING

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