Declare your job a 90-day free zone!

 

National plans to introduce a sacking bill before Christmas. That would mean that employers with fewer than 20 staff could sack in the first 90 days of employment without legal recrimination.

National has its 90-day sacking bill on a list of legislation it wants passed in the next 100 days.

This bill is an overt attack on workers’ rights. Workers in small job sites currently enjoy few rights as they are mostly not unionised and the employers consequently have a great deal of power.

The CTU is responding with a petition and looking at putting adverts in the major newspapers. This falls well short of what is needed.

Direct action by workers is the way to respond to this attack.
Unite union is taking the lead by saying that any worker can join Unite for $2 a week and get phone advice and back up where needed. If workers are wrongly sacked in the 90 day period Unite will organise pickets in defence of these people. Any employer who sacks under this legislation could find themselves confronted by a rowdy picket line and Unite’s 20 foot rat.

Employers plainly want to put the pressure on workers; it’s time to push back.

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Solidarity to rebuild unions

-Daphna Whitmore

During the 1990s under the National government union membership fell by 50 percent. In 2000 just after Labour came in to office 69 percent of the public sector workers were covered by collective agreements and 21 percent of workers in private sector jobs.

Did that situation improve during nine years of “a worker-friendly government”, as the CTU leadership describe Labour?

Not at all. This year 59 percent of public sector workers have collective agreements, and a mere 10 percent of private sector workers.

The table below shows the grim reality.

union-membership-2008

And while the public sector collective agreement coverage declined, it is still significantly higher than the private sector.

A really serious trade union movement would look at assisting the private sector through subsidies from the much better off public sector. We need a union movement that takes the interests of the whole of the working class. That’s the sort of solidarity that would help build up unions in the private sector, which is where exploitation of the working class originates.

Cleaners get a dirty deal

– Laurie Garnett

When the Contracts Act was repealed in 2000 it was hoped that not only would collective bargaining flourish, but multi-employer agreements (MECAs) would be rebuilt.

But with strikes outlawed except around bargaining, collective agreements can be a device for employers to lockdown wages and prevent strikes for years on end. A multi-employer agreement can do that too on a big scale.

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Silence of the Lambs

– Don Franks

Before the election, NZCTU President Helen Kelly had much to say about the two main parties. On April 13th she told the Labour Party Congress:

“Working people have been given the chance to get back on their feet with this government. This is not just because of good policies. It is because we have a Government made up of people who care about workers, who understand the difficulties they face, and who try to make things better.”

Kelly was not ­ quite – absolutely obsequious in her praise of Labour, adding:

“Of course this does not mean that we live in paradise! There is more to do. And workers are really feeling the pinch at the moment with high food prices, rising petrol costs and high rents and mortgage payments.”

Then, even this mild admonition was hastily qualified into nothingness, with the soothing:

“So we need more change and with the continuation of a Labour led government we know that will happen. Labour is the Government with a proven record of change for the better and we need more of it.”

And, after the vision of heaven ­ the warning of hell:

“We have seen National’s industrial relations policy and it is dramatic and will have a major negative impact on working people.”

“National’s plans for industrial relations are the same as in 1991”.

Just before I began writing this, I took a look at the NZ Council of Trade unions website, to see if there was any comment on the election result. Still, after two weeks, not a peep. As we supposedly teeter on the brink of another 1991! It would seem that if National’s plans for industrial relations are really the same as in 1991, so too are the plans of the CTU. Determined inertia. Remember when the top leaders refused to take up calls for a general strike to defeat National’s Employment Contracts Act?

If National is poised for launching a major negative impact on working people, wouldn’t it be the task of union leaders to start rallying and mobilising opposition from day one?

[Read more…]

How to stop National’s threat

– Don Franks

Under the guise of “giving young, inexperienced people or new immigrants a better chance at a job”, National is proposing a new restriction on workers.

“We will introduce a 90-day trial period for new staff, by agreement between the employer and employee, in businesses with fewer than 20 people,” National party leader John Key announced in a 24 July press release.

During this 90-day trial period, either party may terminate the employment relationship for performance without a personal grievance claim being brought.

National’s proposal should be rejected by all workers and fair-minded people.

The personal grievance procedure is no fail-safe protection against unfair dismissal, but it does provide a narrow avenue for workers to contest injustice. National’s election promise to deny new staff access to their day in court would move the bar even further in the employer’s favour.

National’s industrial proposals have been roundly condemned by trade unionists. NZ Council of Trade Unions president Helen Kelly says: “Cuts in workers’ rights and entitlements and privatisation are all this party has to offer to date.”

She says National’s industrial policy “really will clarify for workers and their families which parties have their interests at stake”, concluding that “instead of supporting the current approach balancing employer and employee interests, [National] is trying to drag us backwards”.

Helen Kelly is quite right to condemn National’s anti-worker 90-day trial. But she ignores the fact that National promises to retain significant current labour laws which she supports, and will:

*continue to allow union access to workplaces with an employer’s consent, which cannot be unreasonably withheld

*continue to support the social partnership with Business NZ and the CTU to work together on issues of mutual interest

*retain the Mediation Service.

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