Organizing freelance workers and effectively confronting precarity Karen Curtis, Deputy Director, International Labour Standards Department

ILO basics on FACB Effective recognition expected from all MS Large ambit of standards and principles – beyond employees covers workers Supervisory mechanisms – tripartite complaints-based CFA; independent regular reports to CEACR – potential review by CAS Unions can bring their issues to the fore and choose the best forum

Atypical vs. precarious work Temporary work through agencies Sub-contracting Casual short-term contracts Hidden employment relationship Freelance work

Precarious work CFA receives increasing proportion of complaints related to FA violation at the workplace linked to the precarious nature of the employment The methods used for non-recognition of strong and independent workers organizations vary but the results are the same

Casual contracts Very short-term casual contracts (3 mos. Renewed for years) Peru recognizes that temporary contracts used to discourage trade union membership and has a negative impact on social protection New Brunswick – In the public sector included teaching assistants, health care workers, provincial (1/3), with inferior pay and benefits in similar jobs CFA – can only review short-term K regime as it impacts on FA rights; systematic use should not become obstacle to tu rights

Definition of employee A case study Workers in social services, health and home child care overcome geographical and social isolation to form trade unions under relevant labour laws and give notice to begin CB Are re-designated independent workers; employment relationship redefined as contract for services Union certification revoked; consultation mechanisms replace CB; redefinition of the bargaining unit CFA – general collective labour rights scheme or genuinely offered similar rights and protections

Self-employed Right to join the union of their own choosing. The criterion for determining the persons covered by that right is not based on the existence of an employment relationship, which is often non-existent such as for self-employed or those who practice liberal professions, who should nevertheless be guaranteed that right. Free determination of structure and composition (2556) Collective bargaining mechanisms may be adapted to the particularities of the self-employed (2602) Australian Independent Contractors Act - How does this impact on FACB rights?

Freelancers and unions Terms and conditions generally not set by negotiation but in many cases through verbal contracts How to ensure a basic standard? What of copyright protection? Who can organize them? Are they employers or workers? Up to union by-laws and individual choice How to promote meaningful bargaining?

Organizing Issues Many and diverse new categories of media workers that need to be reached Online journalists - integrated into collective agreements or negotiated CAs for particular groups How to ensure meaningful collective bargaining and agreements that are implemented?

CFA principles FA/CB rights to all workers With which union? Of their own choosing (Case No. 2556) Bargaining with whom? Individual or groups of employers Sectoral level employer organization Level of bargaining up to parties – a right to strike for industrial level bargaining Dialogue with the Government on policy (eg., copyright protection) Differentiated treatment for part-time employees as regards def of bargaining units, certification, CB conditions, but conditions should be equivalent

Means of action Meaningful promotion of CB and protection of organizational rights needs to directly address these gaps in full consultation with relevant social partners Strategic use of ILO supervisory mechanisms to draw attention to the problem Promotion of industrial/sectoral level bargaining with extension to all relevant workers – R 91 Combating disguised employment and determine responsibilities (R. 198)