CONTRATOS COLECTIVOS DE PROTECCIÓN PATRONAL EN LAS EMPRESAS HOLANDESAS EN MÉXICO

COLLECTIVE CONTRACTS THAT PROTECT

EMPLOYERS (CCPE).

THE CASE OF DUTCH COMPANIES IN MEXICO

MAIN EFFECTS OF CCPEMAIN EFFECTS OF CCPE THE CCPE PRACTISES RESULT IN THE CCPE PRACTISES RESULT IN

AN UNBALANCED RELATION AN UNBALANCED RELATION BETWEEN THE TWO MAIN BETWEEN THE TWO MAIN ACTORS OF PRODUCTION,ACTORS OF PRODUCTION,EMPLOYERS AND EMPLOYEES:EMPLOYERS AND EMPLOYEES:

1.1. PRODUCE MEANINGFUL SAVINGS ON LABOUR PRODUCE MEANINGFUL SAVINGS ON LABOUR EXPENSES FOR THE COMPANYEXPENSES FOR THE COMPANY

2.2. REDUCE THE ABILITY OF WORKERS TO ACT REDUCE THE ABILITY OF WORKERS TO ACT FREELY IN COLLECTIVE BARGAINING AND FREELY IN COLLECTIVE BARGAINING AND COLLECTIVE ORGANISATIONCOLLECTIVE ORGANISATION

3.3. DECENT WORK CONDITIONS BECOME LESS DECENT WORK CONDITIONS BECOME LESS ATTAINABLE TO ALL WORKERS IN THE COUNTRY ATTAINABLE TO ALL WORKERS IN THE COUNTRY DUE TO THESE PRACTISESDUE TO THESE PRACTISES

WHICH DUTCH WHICH DUTCH CORPORATIONS ARE CORPORATIONS ARE

INVOLVED IN THIS PRACTISE INVOLVED IN THIS PRACTISE IN MEXICO?IN MEXICO?

WHY?WHY?

THE PRACTISE OF CCPE IS WIDELY EXTENDED AND INCLUDE ABOUT THE PRACTISE OF CCPE IS WIDELY EXTENDED AND INCLUDE ABOUT

85% OF ALL COLLECTIVE CONTRACTS IN THE WHOLE COUNTRY85% OF ALL COLLECTIVE CONTRACTS IN THE WHOLE COUNTRY

DUTCH CORPORATIONS DO NOT IDENTIFY IN THEIR SOCIAL DUTCH CORPORATIONS DO NOT IDENTIFY IN THEIR SOCIAL

RESPONSABILITY CODES THIS PRACTISE AS UNDESIRABLE.RESPONSABILITY CODES THIS PRACTISE AS UNDESIRABLE.

HUMAN RESOURCES OFFICERS CONSIDER CCPE AS A MATTER OF HUMAN RESOURCES OFFICERS CONSIDER CCPE AS A MATTER OF

MANAGERIAL TROPICALISATIONMANAGERIAL TROPICALISATION

MEXICAN WORKERS ‘ACCEPT ‘ THE PRACTISE BECAUSE IT IS BETTER MEXICAN WORKERS ‘ACCEPT ‘ THE PRACTISE BECAUSE IT IS BETTER

THAN NOT HAVING EMPLOYMENT AT ALLTHAN NOT HAVING EMPLOYMENT AT ALL

ALL DUTCH CORPORATIONS IN MEXICO PRACTISE CCPEALL DUTCH CORPORATIONS IN MEXICO PRACTISE CCPE

Dutch corporations in Mexico en Dutch corporations in Mexico en monitored by the CILAS-FNVmonitored by the CILAS-FNV

observatory: observatory:

AKZO NOBEL AKZO NOBEL From 2002 until 2009From 2002 until 2009

UNILEVER UNILEVER From 2006 until 2009From 2006 until 2009

PHILIPS PHILIPS FromFrom 2002 until 20092002 until 2009

ING ING 20092009

HEINEKEN HEINEKEN 20102010

39.9

9.0

21.127.3

56.0

24.3

74.8

100.0

0

10

20

30

40

50

60

70

80

90

100

Heineken ING Unilever Philips Akzo Nobel Index GoodLabour

Practise

Unilever Ponds Max

Companys

Index of Good Labour Practises by Company

Heineken

ING

Unilever

Philips

Akzo Nobel

Index GoodLabourPractiseUnileverPonds

Max

INDEX FORMULA:

Index= (Factual Value – Min Value) *(100) (Max Value – Min Value) Example: Index Wage Ponds= (6.86 - 1) *(100) (9.37 - 1)

Index Wage Ponds=70

According to Human Development Index (HDI-ONU)

Note: In Philips, Akzo Nobel, and Heineken, companies without union are not considered for their INDEX, condition that heigthens their grade.

TYPES OF UNIONS IN MEXICO TYPES OF UNIONS IN MEXICO PRESENT IN DUTCH COMPANIESPRESENT IN DUTCH COMPANIES

Democratic Union Democratic Union i) Independent i) Independent HEINEKEN (1)HEINEKEN (1)ii) Democratic inside factory ii) Democratic inside factory AKZO NOBEL (1) UNILEVER (1) AKZO NOBEL (1) UNILEVER (1) Charro (Stately Controled Charro (Stately Controled

Union)Union)ING (11), PHILIPS (1)ING (11), PHILIPS (1) White (Company White (Company

controled Union)controled Union)HEINEKEN (9), PHILIPS (1)HEINEKEN (9), PHILIPS (1) Ghost (Fully Protective Ghost (Fully Protective

Union)Union)UNILEVER (4)UNILEVER (4)

Workers without union Workers without union and collective contractand collective contract

PHILIPS (6), AKZO NOBEL (4), HEINEKEN (1)PHILIPS (6), AKZO NOBEL (4), HEINEKEN (1)

Protective for

employers aimed

to avoid

bargaining

Closer to what government’s labour officials call PAZ LABORAL

Least liked by government and labour authorities

Active bargaining, seeks improvements for employees

Employer Protection Contract System:

Policy aimed to attract Direct Foreign Investment

DIFFERENT TYPES OF UNIONS IN DUTCH DIFFERENT TYPES OF UNIONS IN DUTCH COMPANIES IN MEXICOCOMPANIES IN MEXICO

(5 CORPORATIONS, 40 COMPANIES) (5 CORPORATIONS, 40 COMPANIES)

Democratic UnionDemocratic Union HEINEKEN (1), AKZO NOBEL (1)

UNILEVER (1), = 3

Stately Controled Stately Controled Union Union

ING (11), PHILIPS (1) = 12

White Union White Union (company (company controled)controled)

HEINEKEN (9), PHILIPS (1) = 10

Ghost UnionGhost UnionUNILEVER (4) = 4 Workers without Workers without

union and union and collective contractcollective contract

PHILIPS (6), AKZO NOBEL (4), HEINEKEN (1) = 11

0

5

10

15

DUTCHCOMPANIES AND

TYPES OF UNIONS

DEMOCRATIC

STATELY CONTROLED

WHITE COMPANY CONTROLED

GHOST (PROTECTION)

NO UNION

Employer Protection Employer Protection Contract System: Contract System:

[1] n. a corrupt dealing (Illustrated Oxford Dictionary, 2003)

Questions for Questions for dutch Corporationsdutch Corporations

1.1. What is the effective number of union What is the effective number of union members in each company in Mexicomembers in each company in Mexico

2.2. Who do they really bargain with when they Who do they really bargain with when they sign a collective contract which workers sign a collective contract which workers do not know? do not know?

3.3. If they are bargaining with a ‘labour broker’ If they are bargaining with a ‘labour broker’ or labour intermediary, what are the costs or labour intermediary, what are the costs of such proceedures?of such proceedures?

What can be done?What can be done? Define shortly and clearly for companies why the protection ‘collective’ Define shortly and clearly for companies why the protection ‘collective’

contract is not a good managerial practise and how it can be detected and contract is not a good managerial practise and how it can be detected and avoidedavoided

Put pressure on Boards of Shareholders and Managers to introduce specific Put pressure on Boards of Shareholders and Managers to introduce specific Clauses on CCPE in the Corporative Social Responsability Codes Clauses on CCPE in the Corporative Social Responsability Codes

Develop a Mexican Index of Good Labour Practises where CCPE is Develop a Mexican Index of Good Labour Practises where CCPE is quantified in money, work and life conditions loss for employees, as well as quantified in money, work and life conditions loss for employees, as well as earnings for brokers earnings for brokers

Promote that labour monitor organisations are recognised as external Promote that labour monitor organisations are recognised as external instances (graders) that can examine such practises, through probatory instances (graders) that can examine such practises, through probatory documents and direct interviews to human resources officers, as well asdocuments and direct interviews to human resources officers, as well as

all sorts of workers, and not only ‘protection unionists’ all sorts of workers, and not only ‘protection unionists’

Support workers who are fighting for better unions and promote exchange of Support workers who are fighting for better unions and promote exchange of experience with unionists in the Netherlandsexperience with unionists in the Netherlands

SOME CONCLUSSIONSSOME CONCLUSSIONS IT IS MOST IMPORTANT TO STATE THAT CCPE PRACTISES IT IS MOST IMPORTANT TO STATE THAT CCPE PRACTISES

ARE NOT A MATTER OF TROPICALISATION OF COMPANY ARE NOT A MATTER OF TROPICALISATION OF COMPANY MANAGEMENTMANAGEMENT

CCPE ARE PART OF A GOVERNMENT’S POLICY TO ATTRACT CCPE ARE PART OF A GOVERNMENT’S POLICY TO ATTRACT FOREIGN INVESTMENT, WHICH IS KNOWN AS FOREIGN INVESTMENT, WHICH IS KNOWN AS PAZ LABORALPAZ LABORAL

CCPE ARE PRESENT IN A WIDE RANGE OF UNION TYPES IN CCPE ARE PRESENT IN A WIDE RANGE OF UNION TYPES IN MEXICO AND IN DIFFERENT GRADIENTS OF COMPANY MEXICO AND IN DIFFERENT GRADIENTS OF COMPANY PROTECTIONPROTECTION

CCPE RENDER SAVINGS TO A COMPANY BASED ON THE CCPE RENDER SAVINGS TO A COMPANY BASED ON THE REPRODUCTION OF PRECARIOUS WAGE AND LABOUR REPRODUCTION OF PRECARIOUS WAGE AND LABOUR CONDITIONS, THAT IS, UNDECENT WORKCONDITIONS, THAT IS, UNDECENT WORK

CCPE ENRICH PROFESSIONAL BROKERS OF SIMULATED CCPE ENRICH PROFESSIONAL BROKERS OF SIMULATED UNIONS, AND OF COURSE, VOID, IN DIFFERENT EXTENTS, UNIONS, AND OF COURSE, VOID, IN DIFFERENT EXTENTS, THE EXERCISE OF THE FUNDAMENTAL LABOUR RIGHTS:THE EXERCISE OF THE FUNDAMENTAL LABOUR RIGHTS:

FREEDOM OF COLLECTIVE ORGANISATION FREEDOM OF COLLECTIVE ORGANISATION FREEDOM OF COLLECTIVE BARGAININGFREEDOM OF COLLECTIVE BARGAINING