1. Triangular Employment Relationships: overview and ILO regulation GIULIA MASSOBRIO, ACTRAV/ITCILO

2. INDEX  1. OUTSOURCING AND TRIANGULAR EMPLOYMENT RELATIONSHIPS  2. HOW TRIANGULAR EMPLOYMENT RELATIONSHIPS AFFECT WORKERS  3. ILO REGULATION OF TRIANGULAR EMPLOYMENT RELATIONSHIPS

3. 1. OUTSOURCING AND TRIANGULAR EMPLOYMENT RELATIONSHIPS

4. What is “outsourcing”? OUTSOURCING: the practice of buying goods and services from outside suppliers, rather than producing or providing them within an enterprise.

5. …According to the Enterprise

6. WORKER EMPLOYER “Triangular employment relationships” EMPLOYMENT RELATIONSHIP: relationship between a person called an EMPLOYEE ”(the “worker”) and an EMPLOYER for whom the employee performs work under certain conditions in return for remuneration TRIANGULAR EMPLOYMENT RELATIONSHIPS: situation in which there is a III party (PROVIDER) between the employee and employer, playing different roles EMPLOYMENT RELATIONSHIP

7. 3 Types of triangular employment relationship SERVICES OF INTERMEDIATION “OUTSOURCING OF WORKFORCE” “OUTSOURCING OF SERVICES”

8. WORKER ENTERPRISE Intermediation EMPLOYMENT RELATIONSHIP 1) SERVICES OF INTERMEDIATION FEE-CHARGING EMPLOYMENT AGENCY/ PRIVATE EMPLOYMENT AGENCIES Functioning

9. WORKER USER ENTERPRISE PRIVATE EMPLOYMENT AGENCY EMPLOYMENT RELATIONSHIP DIRECTION (who assigns tasks and supervises execution) 2) OUTSOURCING OF “WORFORCE” Functioning

10. WORKER USER ENTERPRISE ENTERPRISE EMPLOYMENT RELATIONSHIP DIRECTION (who assigns tasks and supervises execution) 3) OUTSOURCING OF “SERVICES” Functioning

11. 2. HOW TRIANGULAR EMPLOYMENT RELATIONSHIPS AFFECT WORKERS

12. INDIVIDUAL LABOUR RIGHTS AT RISK COLLECTIVE LABOUR RIGHTS AT RISK Abuses with migrant workers, included risk of trafficking and child labour Misuse of personal data Unfair advertising practices Unclear working conditions 1) SERVICES OF INTERMEDIATION

13. 2/3) OUTSOURCING OF “WORKFORCE” and SERVICES INDIVIDUAL LABOUR RIGHTS AT RISK COLLECTIVE LABOUR RIGHTS AT RISK User enterprise collective agreements don’t apply to Agency workers Agency workers cannot exercise their right to strike against user enterprise Agency workers cannot affiliate to user enterprise union Prostration of affiliation to the user enterprise (case of user enterprise workers substituted with Agency workers) Wage inequality between Agency workers and user enterprise workers No participation to user enterprise’s utilities Employer’s responsibilities (i.e. social protection, OSH) on Agency instead of on user enterprise

14. 3. ILO REGULATION OF TRIANGULAR EMPLOYMENT RELATIONSHIPS

15. ILO Standards on Triangular Employment relationships Revised by

16. Types of Employment Agencies

17.  AIM: while previous ILO C. 34 and 96 aimed to the “progressive abolition”of PrEA with an aim of profit, C. 181 recognises the “role which PrEA may play in a well-functioning labour market” C. 181is aimed to regulate Private Employment Agency (PrEA) in order to “allow their operation as well as the protection of the workers using their services” ILO REGULATION OF “PRIVATE EMPLOYMENT AGENCIES”

18.  REGULATION OF PrEA:  Legal status determined by law (art. 3)  System of licensing and certification clarifying the conditions governing their operation (art. 3)  Promotion of cooperation between Public and Private Employment Agencies (art. 13)  Public authority have the final authority for formulating labour market policies and use of public funds (art. 13) Contents of Convention 181 (II)

19.  RIGHTS recognized to PrEA WORKERS:  Freedom of Association and Collective Bargaining (art, 4)  Right to equality of opportunity and treatment in access to employment (art. 5)  Protection of workers’ personal data (art. 6)  No directly or indirectly charge of any fees or costs to workers (art. 7)  Adequate protection of migrant workers (art. 8)  Abolition of Child labour (art.9)  Adequate procedures for investigation of compleaints, abuses and fraudolent practices (art. 10) Contents of Convention 181 (III)

20. RESPONSIBILITY FOR WORKERS’ RIGHTS PROTECTION: ART 12  A Member shall determine and allocate the respective responsibilities of private employment agencies (in the case they are EMPLOYERS) and of user enterprises in relation to:  collective bargaining;  minimum wages;  working time and other working conditions;  social security;  training;  occupational safety and health (included compensation in case of occupational accidents or diseases;  compensation in case of insolvency and protection of workers claims;  maternity protection and benefits, and parental protection and benefits. Contents of Convention 181 (IV)

21.  State:  right to prohibite PrEA engaging in unethical practices  duty to combat unfair advertising practices and misleading advertisements  Workers’ Right to:  be informed in advance of their employment conditions (especially migrant workers!)  possibly by a written contract  higher protection of personal data and right of access  fair and efficient selection methods  PrEA prohibited from:  making workers available to replace workers of user enterprise on strike.  direct or indirect discrimination in vacancy notices  obstaculating an employee from being hired by another enterprise Contents of Recommendation 188 (1997)

22. RESULT OF THE ATTEMPT TO REGULATE OUTSOURCING OF SERVICES ILO REGULATION OF “OUTSOURCING OF SERVICES” ???

24. … Gracias !