Extension of Collective Bargaining to Atypical Workers and in the Informal Economy

Definition of Atypical work Atypical work refers to employment relationships not conforming to the standard of full-time, regular, open-ended employment with a single employer over a long time span. On the other hand, typical work is defined as a socially secure, full-time job of unlimited duration, with standard working hours guaranteeing a regular income and, via social security systems geared towards wage earners, securing pension payments and protection against ill-health and unemployment.

Examples of atypical workers Causal workers Part-timers Workers on fixed term contracts Temporary agency workers Home-based workers Domestic workers Migrant workers Workers in the informal economy Self-employed or own-account workers Vulnerable workers

Some Common Characteristics of Atypical Workers They are mainly women, young workers below the age of 18, or under-age child workers, older workers and ex-offenders. They are economically, socially and politically marginalised groups e.g. forced labourers, migrant workers and new entrants into the labour market. Many are physically disabled, people living with HIV/AIDS; victims of discrimination, psychosocial pressures, abuse and/or harassment.

Some Common Characteristics of Atypical Workers Decent Work deficits are most pronounced on atypical workers namely: -Not recognised, registered or protected under labour laws and are excluded from social protection; -Are not able to enjoy, exercise or defend their fundamental rights at work; -Have little or no collective representation vis-à-vis employers or public authorities; -There work is often characterised by: -Low levels of skills and fewer possibilities for access to formal education and training; -Low productivity, low and irregular incomes; -Long working hours with low job security; -Lack social protection and access to information, markets, finance, training and technology; - Varying degrees of dependency and vulnerability.

Some Common Characteristics of Atypical Workers They work in jobs that are dirty, degrading and dangerous (three-D jobs). They are often poorly organised and represented by trade unions or other workers organisations, if at all. Many do not have right to collective bargaining, social security, healthcare, job security, etc. The places where they work are often not covered by labour inspection e.g. the informal economy.

Some Common Characteristics of Atypical Workers They work under hazardous, unsafe and unhealthy working conditions.They work under hazardous, unsafe and unhealthy working conditions. They receive poor wages and are often exposed to exploitations including unjust wage deductions, withholding or non-payment of wages, manipulation of debts through loan or wage advance.They receive poor wages and are often exposed to exploitations including unjust wage deductions, withholding or non-payment of wages, manipulation of debts through loan or wage advance. Also, they are sometimes victims of deception about type, location or conditions of work.Also, they are sometimes victims of deception about type, location or conditions of work. They are often discriminated against.They are often discriminated against.

Securities/Rights Denied to Atypical Workers Lack Labour market security – employment opportunities Employment security – protection against arbitrary dismissals, regulations on hiring and firing, etc. Job security – ability & opportunities to retain a niche in employment, plus barriers to skill dilution and opportunities for upward mobility in terms of status and income. Work security – protection against accidents & illnesses at work guaranteed by safety and health regulations, working hours, etc. Skill reproduction security – opportunities to gain/retain skills (formal apprenticeship, employment training, etc.) Income security – assurance of an adequate stable income, protected through, for e.g. minimum wage machinery, wage indexation, comprehensive social security, progressive taxation to reduce inequality and to supplement low income. Representation security – collective voice in the labour market.

Extending collective bargaining to atypical workers and in the informal economy Requires a board strategy aimed at: -Realising fundamental principles and rights at work; -Creating greater and better employment and income opportunities; -Extending social protection; and -Promoting social dialogue. Reinforcing the application of the 8 fundamental Conventions, which contains the basic enabling rights which are instrumental in progressively breaking away from atypical work, the informal economy and poverty.

Extending collective bargaining to atypical workers and in the informal economy  Relying on the promotion of the 4 priority conventions or governance instruments which serve to: -Promote active labour market policies; -Ensure appropriate law enforcement and oversight from the public authorities; and -Encourage a common search for solutions, through tripartite dialogue.  Also, relying on the promotion of other standards related to employment policy, social security protection, OSH, protection of wages, vocational guidance & training, labour inspection are also relevant. 

Challenge for trade unions Solidarity and collective action is not always a natural tendency among own-account workers as they may be in competition with each other; Many atypical workers perceive their work as an extension of domestic or family duties and lack a sense of a worker identity; Labour laws often encompasses only workers in clearly defined employment relationships – not informal contractual relationships;

Challenge for trade unions Many informal workers are situated in scattered, individualized workplaces or are mobile – for them time away from work means loss of earnings; Trade unions have enough on their hands, let alone free up resources to devote to hard-to-organise atypical workers; Most atypical workers face extreme poverty - their ability to pay regular union dues is severely restricted and may be erratic and vulnerable to external shocks; Also, organising workers in the informal economy is often seen as a drain on union resources.

Innovative Organising & Collective Bargaining Strategies & Approaches Demand the ratification and implementation of ILS concerning FOA and CB; Ensure that rights at work is applicable to all categories of workers; Advocate for new international labour standards which address issues such as legal protection and extension of CB coverage to workers in precarious and atypical forms of work;

Innovative Organising & Collective Bargaining Strategies & Approaches Promote FOA and CB – actions should be extended to areas such as trade, investment and procurement; Strengthen sectoral and centralized collective bargaining; Use tools such as the ILO’s MNE Declaration, global framework agreements, targeted programmes and international solidarity actions when dealing with MNCs that are leading global supply chains; Governance – promote labour inspection to ensure compliance with labour protective legislation;

Innovative Organising & Collective Bargaining Strategies & Approaches Formal sector unions should recruit informal workers and newly-formed unions of informal workers into their membership; Use a twin strategy of struggle and development by combing unionism and cooperative to reach out to atypical and informal workers; Build synergies with service providers that are active within the informal economy.

Organising models Community-based unionism; Multi-hat unionism; Enterprise-based unionism; National and International Networks.