1. Collective bargaining and non- standard workers Towards a more inclusive labour protection

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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)

10. 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