Collective bargaining and non-standard workers

Towards a more inclusive labour protection

Outline of the presentation

Definitions

Barriers to collective representation for NSW

Solidarity bargaining: Addressing decent work deficits of NSW

Creating an enabling environment for collective bargaining: Innovative responses

Definitions Non-Standard Workers (NSW):

Temporary employment, temporary agency work and other contractual arrangements involving multiple parties, ambiguous employment relationship, part-time work etc.

Women, low skilled, migrant and young workers

7 dimensions of decent work deficits

Access to employment and labour market transitions to decent work; Earnings and other non-wage benefits; Access to social security; Conditions of work; Training and career development; Occupational Safety and Health; and Freedom of association and collective bargaining

Barriers to collective representation for NSW

Exclusion from application of labour law

Constrain NSW to separate bargaining units = fragmented and weakened bargaining units; prevent formation of trade unions or recognition as bargaining agent; significant costs to organising and servicing small BU

Multi-layered & complex contractual arrangements: difficulties in identifying the employer bargaining agent; blurring distinction subordination and self-employment; reduced room of CB down the subcontracting chain

Inability to exercise rights in practice: high job insecurity, weak and short attachment to a workplace, limited awareness of collective rights etc

Poor enfoncement of labour regulations

Solidarity bargaining: Addressing decent work deficits of NSW

Facilitating transition to more secure and stable jobs

Limiting the period for regularisation of NSW

Increasing job stability

Regularising jobs rather than workers

Negotiating parity of wages and benefits

Improving wages and benefits

Principle of non-discrimination: equal pay and benefits for work of equal value

Solidarity bargaining: Addressing decent work deficits of NSW (Cont.)

Health and safety: preventing and protecting…

Health safety training, preventing deployment of NSW in hazardous workplaces

Joint regulation of work organisation: setting proportions, categories of work and specific contingencies for the use of NSW, justification for the use of NSW

…. and improving quality of jobs in the sector

Reverse trends of outsourcing and deteriorating job quality

Solidarity bargaining: Addressing decent work deficits of NSW (Cont.)

Inclusive collective representation and bargaining

Respect for unionisation rights down the subcontracting chain Collective bargaining rights for «quasi-employees»

Enhancing compliance with labour regulations: MEB

Collective agreements as an instrument of monitoring compliance Limiting the use of labour brokers to those complying with the CBA «Join liability», «principal employer liability» for application of labour

standars Strengthening labour inspection; services of reporting complaints and

providing information

Creating an enabling environment for collective bargaining: Innovative polices

Addressing legal constraints to facilitate collective representation and rights

Expanding the definition of «employee» (UK); new categories of workers: «parasubordinati», «employee-like persons» (Italy and Germany)

Explicitly according collective rights to NSW (Philippines) Loosening the standard of appropriateness of bargaining unit for TDO

workers (Canada)

Enhancing collective bargaining coverage and compliance

Loosening rules for extension of CBAs to industries dominated by NSW (SA, Switzerland)

Public procurement labour clauses: Compliance with ILO standards for workers down the subcontracting chain (Spain); Compliance with CBA provisions (Switzerland)

Creating an enabling environment for collective bargaining : Innovative polices (Cont.)

Incentivising employers to bargain collectively

Waving licensing requirements for employers who engage in CB (USA)

Regional framework for company level pacts: transition of NSW to permanent employment and greater flexibility by permanent workers (Spain)

«Joint liability» for OSH: multi-employer negotiations in the construction sector (South Korea)

Conclusions

Widen policy room to support collective bargaining:

Strengthen certain traditional features of IR: enhance labour protection

Modify and modernise other features: better respond better to the changes; effective recognition of collective rights

Innovative policies: incentives and strengthen points of pressure

Basic labour protection floor: Addressing sources of insecurity, sustaining negotiated outcomes