Organising social dialogue in the commerce sector ITC-ILO / UNI EUROPA COMMERCE SEMINAR – Ohrid 22/9/2011

1. Organising social dialogue in the commerce sectorITC-ILO / UNI EUROPA COMMERCE SEMINAR – Ohrid 22/9/2011 UNI EuropaCommerce Conference Resolutions Madrid 2011

2. UNI Global Union Strategic objectives UNI strategy aims at growing and strengthening affiliate unions and UNI to improve the lifes of the service workers • Global and regional companies • Organising and capacity development • Jobs with Justice • Political and regional influence • UNI as innovative and inclusive organisation

3. UNI Europa Commerce Conference Resolutions • Madrid Conference – June 2011 • Resolutions on: • Working hours and work/life balance • Organising and capacity development • European Works Councils at the heart of European Trade Union Strategy • Employment and quality services • Inclusive labour market

4. Working hours and work / life balance • Fairer working time – Fairer work life balance • The working conditions in commerce are deteriorating (race for maximizing company profits, economic crisis, austerity programmes) • Deregulation of working hours, irregular working hrs, unpredictable on call duties, shift work, night and weekend work • Deregulation of shop opening hrs - Sunday opening, public holidays, late evenings • No prior consultation / bargaining with trade unions

5. Working hours and work / life balance (2) • Working time and shop opening hours do not permit the reconciliation between work and personal / family life. • Deterioration on health and safety of workers, increased stress, illness and absenteeism – strong feeling of lack of control over and influence on workers’ work and life. • Longer opening hours and over flexibility of the working hours, it is the strategy of the large retailers, but do not result in economic growth. On the contrary squeezing out competition form SMEs. • Also deteriorate cultural and social cohesion

6. Working hours and work / life balance (3) • Fighting against work on Sundays, holidays and late evenings is a priority for UNI Europa Commerce. Support affiliates to work against deregulation or/and negotiate better conditions and compensation • Social protection: priority to support working time adjustments and temporary exits, helping workers to adapt to various transitions • Adequate child care facilities • Fight against excessive use of irregular hours: quality jobs with decent conditions, «positive» flexibility

7. Working hours and work / life balance (4) UNI DEMANDS • Collective agreements and no deregulation • Adequate notification to be given in advance as regards changes to workers; working time • Limited shop opening hours – protect health and safety • All derogations to be justified by objective reasons and take into account the social and environmental issues

8. Organising in Commerce (1) • Membership is key issue for trade union power. • Strong and massive unions gain legitimacy, respect, credibility and success. The highest the membership, the most recognition by employers and influence public authorities • Strong membership gives more autonomy

9. Organising in Commerce (2) Obstacles in organising members • Precarious work and flexible forms of employment (part-time, short-term contracts, agency workers etc) – Poor working conditions • Lack of career development • High percentages of young workers and women • Union busting – hostile employers: Many multinationals respect unions in country of origin but not in the subsidiaries in other countries • Trade unionists under pressure, bullying or/and harrassement • Yellow trade unions • Lack of collective bargaining both in the sector or within the companies

10. Organising in Commerce (3) Opportunities and challenges • Attract young workers and women: to promote the value of the collective action as a means of bettering our working lives • Design and adapt targeted organising strategies and campaigns • Union as provider of services (legal assistance, personal support to members) • Equal opportunities for women and youth in trade union positions • Image and communication – trade unions shoud be attractive • Organising work in workplaces

11. Organising in Commerce (3) UNI Europa Commerce actions • Support the setting up of global alliances and negotiation of global framework agreements, to facilitate affiliate unions to access workers and establish organising • Making use of the European Works Councils (EWCs) • Sharing information and equal participation in decision making – networking, communication • Fight precarious work by collective action and agreements • Fight union busting companies and yellow unions • Special targeted activities e.g. cooperation with ILO-ITC in new member states and EU candidate countries in building social dialogue and collective bargaining.

12. European Works Councils (1) • New directive for EWCs (2009/38/EC), brings new rights and opportunities • The 15 years of experience of EWCs is diverse but rather negative (UNI Commerce survey) • Problems: a) employers refuse to provide information, b) workers don’t have the means to understand or use the information, c) information is provided after decision-making, no prior real consultation • Agenda of meetings prepared by the management • Too many issues are classified as confidential • In summary: EWCs merely bodies to express some opinions or simply gain a general understanding of company’ policies

13. European Works Councils (2) UNI policies and efforts on EWCs • Difficult task to co-ordinate workers with different national cultures, languages and working labour relations & experiences • More meetings and seminars for workers’ coordination – better networking • UNI building networks: «Workers’ Alliances»: Inditex, Carrefour, Metro, TESCO to make get connected EWCs and make them more effective

14. European Works Councils (3) UNI policies and efforts on EWCs • UNI supports workers representatives to negotiate new or revised EWC agreements on the new directive • Support to implement real rights of information and consultation. If not action to restore it e.g. cancellation of management decision, public denouncing or boycotting the EWCs when necessary • UNI Commerce assists EWCs to a) gather data and reliable information, b) initiate trustful discussions on human resources and employment issues, c) set up specific working groups or committees

15. European Works Councils (4) UNI Europa Commerce «Coordinators network» • Trade union expert in assisting the EWCs and its quality in favour of workers. • Coordinator to represent the trade unions (UNI and Affiliates) within the EWCs. • EWC Coordinator: a) assist members of EWCs, b) provides legal assistance, c) ensuring cohesion between workers, d) facilitate real social dialogue and consultation withinthe EWC, d) connects EWC with UNI with networking • At the moment UNI Europa Commerce has 10 coordinators

16. Employment and quality services (1) • Cross border movement of capital is based on Social dumping • Employers make use of different legal frameworks in each country and the most favourable for them • In the new member states and candidate countries, large retailers do not respect union rights, impose bad working conditions, poor wages, more flexibility, p

17. Employment and quality services (2) • UNI Europa Commerce promotes: • Better quality services with quality of employment, fair wages and decent working conditions • Commerce should be regarded as the services’ sector that promotes economic growth by quality jobs • We fight for employment stability, better competences and skills. Overusing flexibility, precarious work and multitasking does not promote the quality of the commerce sector

18. Employment and quality services (3) New technologies, employment and education • Retail is undergoing a deep restructuring of its working patterns because of new technologies, that have a massive impact on workers • There is a need to anticipate the negative social consequences especially for older workers • Education and re-training is a key issue: reallocation of employees should be the target. The experience and the know-how of the employees is valuable • Social dialogue and collective bargaining on new technologies and training is vital. Best practices should be promoted

19. Inclusive labour market (1) • Commerce is employing large numbers of youth, women and immigrant workers. These groups are affected disproportionately by the economic crisis, the recession and the fierce competition • Also older workers are first to get dismissed by the companies and get out of the labour market • There is a strong need for social inclusion policies

20. Inclusive labour market (2) • Young workers: we have to fight the extensive use of black, atypical and over flexible work. The transition form education to work shoud be more organised e.g. apprenticeship systems that lead to stable jobs, EU training certification of skills, building career opportunities • Older workers: the first in dismissals, unemployment, they lack training and re-skilling. Experience, know-how, quality work and productivity of older workers are advantages for the companies and no burden. Pocicies should be targeted in incluinding older workers in labour market