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Fighting Back Against Precarious Work. Some issues for discussion.
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Fighting Back Against Precarious Work Some issues for discussion
Shift away from standardemploymentLess and less dominant in industrialised countriesCovers as few as 20%of workers in Africa, South AsiaLess than 40% of standard workersare on fulltime contractsSo 60% are in either part-time or tempory wage employment
“The standard employmentmodel is less and less representativeof today’s world of work sincefewer than one in four workersis employed in conditions corresponding to that model”.
Precarious work shifts risks and responsibilities from employer to worker Increasing uncertainty and Insecurity 2 Key issues….
1. Duration of Contract • Fixed-term • Short-term • Temporary – Direct or Agency • Seasonal • Casual labour • No contract!
2. ‘Employment Relationship’ • Fragmentation of the enterprise: • Sub-contractors • Agencies • Bogus self-employment • Informal employment • Legislation covers ‘employee’, not ‘worker’?
Precarious Conditions • Low wages • Little or no protection from redundancy • Little or no social protection • Pensions • Maternity Leave • Health Care ….. • Lack of trade union rights • No legal right to join union? • Exclusion of precarious workers from union or bargaining unit
Drivers further East - outside EU Illegal labour model Pay Working conditions Temporary contracts Work 9 months continuously No accommodation, food, water of showers Unpaid, no health insurance 21st Century slavery
Due to a loop hole in New Zealand law, many workers performing work for DSC (DHL supply chain) are not DSC employees, but rather employed through a third-party labour provider meaning they are not entitled to the benefits of the collective agreement whether or not union members. These workers are precarious workers, with no secure days, hours, disciplinary rights and are paid as much as $5 per hour less than those who they work alongside.
DHL, Bayan Lepas, Penang Warehouse workers: 15 DHL employees 25 Agency workers Drivers: 7 DHL employees 13 Agency workers UNI interviews, 2012 “My biggest wish is to become a permanent worker. I do the same work as a permanent worker, but with a much lower wage”. Agency Worker, DHL Express warehouse, Penang, Malaysia
Fighting back • Recruit and organise in existing unions • Extend collective bargaining protections • Stand up for their rights – change laws • Build alliances to advance common interests
Inclusive unions? Precarious workers in union membership? Precarious workers in bargaining unit? Precarious workers as organisers or leaders? Union campaigns for labour rights of precarious workers?
"I attended meetings called by the Shop Stewards who told us all about the union and how if we all stood together we could take on DHL together, they explained even though I was an agency worker, we could challenge the economic employer side by side as employees of DHL and agency workers together". “I joined Unite because at the time I had no full time job, no hope, no future and no security, now I have all those thanks to my comrades and have recently become a Shop Steward and want to help maintain and promote a strong union".
Collective bargaining • Sub-contracted or agency worker to permanent status ? • Permanent part-time status for seasonal workers? • Limits to hiring precarious workers? • The right to negotiate hiring policy? • The right to represent precarious workers? • Stop outsourcing at source?
Campaign settlement • 1st Collective bargaining agreement with DHL in Turkey • 730 subcontracted workers made permanent • Regulation of subcontracting • Family leave and social stipends • Wage and bonus increases of 32-46% • Vast majority of fired workers returned to work • 90% membership in TUMTIS ITF: DEVELOPING STRATEGIC CAMPAIGNS
“We spoke to directly employed workers about the potential for increases in agency workers to undermine job security and decent pay for permanent staff. As a union, we wanted to avoid a race to the bottom, we wanted agency workers to have what we as permanent workers have – security in employment and a better wages. Through powerful negotiation and solidarity amongst members we won more and more agency workers over to permanency and created a more secure environment for all. What we have achieved is without doubt a massive victory against the use and abuse of casualised agency labour within in the workplace and there’s no reason why this model cannot be used with other employers”.
“The increasing use of third-party labour by DSC lead the union to put forward a claim in negotiations to secure full time employment for those affected. The result was a ‘third-party labour conversion clause’ that compels the company to offer full time employment to any third-party worker that has been performing DSC work for a total of 9 months. This has already seen a huge number of employees gain permanent status with DSC. Previously some staff had been employed as temp workers for as long as 4 years. The union members are proud to have helped those in need and most employees who have benefited from the agreement have returned the good will by joining the union”.
“This marks a new beginning in ATGWUs’ efforts to ensure decent work for all. While we can do our best to resist the erosion of decent work, we will never win without organizing those transport workers who are already in precarious and informal work. If we fail to organize, unions like ATGWU will simply become more and more marginal, powerless, and irrelevant to the working lives of the vast majority of transport workers”.
