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STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH-GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18 2011, Costa da Caparica, Portugal

STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

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Page 1: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

STEPPING UP COLLECTIVE BARGAINING COORDINATION TO

FIGHT PRECARIOUS WORK IN EFFAT SECTOR

STUH-GOOD PRACTICE EXAMPLE

Ljubomira Lončar, mr. iur.

March 15-18 2011, Costa da Caparica, Portugal

Page 2: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

Seasonal workers National Collective Agreement - Article Employer whose predominant

business is seasonal can conclude fixed term employment contract for permanent seasonal work.

All the issues of the employment shall be regulated by the Collective Agreement with the employer.

March 15-18 2011, Costa da Caparica, Portugal

Page 3: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

Collective agreement at the company level: Due to predominantly seasonal business,

it is possible to conclude an employment contract on a fixed-term basis for permanent seasonal jobs.

In case of conclusion of contract, the obliged party to register for the prolonged insurance and payment of contributions for prolonged insurance on pension insurance is the employer.

March 15-18 2011, Costa da Caparica, Portugal

Page 4: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

Employment contract has to contain additional stipulations on:

conditions and time during which the employer will pay contributions for the prolonged insurance

deadline until which the employer is obliged to offer to an employee the conclusion of the employment contract for performing jobs in the following season

deadline by which the employee is obliged to declare himself/herself on the offer, and this deadline shall not be shorter than eight days

March 15-18 2011, Costa da Caparica, Portugal

Page 5: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

If an employee unjustifiably refuses the offer to conclude employment , employer is allowed to demand from the employee the return of funds for paid contributions.

 

March 15-18 2011, Costa da Caparica, Portugal

Page 6: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

GOOD PRACTICE EXAMPLE – SEASONAL WORKERS IN

RIVIERA D.D. POREČ

Riviera Poreč d.d. is one of the biggest hotel companies in Croatia. It exists in the frame of hotel group VALAMAR. Hotels are in Istria region.

March 15-18 2011, Costa da Caparica, Portugal

Page 7: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

There is total of 1200 employed workers during season (June, July, august, September), and 460 employees during the rest of the year.

Highly seasonal type of business.

March 15-18 2011, Costa da Caparica, Portugal

Page 8: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

Permanent seasonal worker

- 2 groups- Introducing the position of permanent seasonal worker has begun in 2005 as a compensation and a work option for workers permanently employed by RI who became redundancy. As their work places have been cut off, they accepted a package of 70% of severance pay + guaranteed annual fund of minimum 1000 h + prolonged social contributions – there is “unwritten contract” that guarantees them that their status will stay this way until they get retired or terminate by worker’s will, or by death of a worker. March 15-18 2011, Costa da Caparica, Portugal

Page 9: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

Since 2008 RI and the whole Group begins to see status of permanent seasonal worker as a career position which they wanted to make more attractive to good, young workers, trainees in different programs of upgrading the Group invests in.

March 15-18 2011, Costa da Caparica, Portugal

Page 10: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

Since then the expansion of these kind of

contracts begins. Contracts have thefollowing specifics: Every year the management decides

candidates for this status and annual fund of working hours.

These workers have advantage when applying for jobs.

March 15-18 2011, Costa da Caparica, Portugal

Page 11: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

For these workers Company's Finance Sector has made an arrangement so they could get loans (as those permanently employed).

Status of permanent seasonal worker very often is transitional status to full-term contract for the best workers, after they finish Valamar Academy.

March 15-18 2011, Costa da Caparica, Portugal

Page 12: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

1st group of permanent seasonal workers is more a combination of social – labour measures.

2nd group aims to a career development as well as the process of succession of key employees with young workers with new competences and skills.

March 15-18 2011, Costa da Caparica, Portugal

Page 13: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

Comparative overview of permanent seasonal workers – it is clear that this status is a strategic commitment of Riviera and Valamar Group

2005 2006 2007 2008 2009 2010 2011

27 25 24 48 83 105 110

March 15-18 2011, Costa da Caparica, Portugal

Page 14: STEPPING UP COLLECTIVE BARGAINING COORDINATION TO FIGHT PRECARIOUS WORK IN EFFAT SECTOR STUH- GOOD PRACTICE EXAMPLE Ljubomira Lončar, mr. iur. March 15-18

There are 34 permanent seasonal workers organized by STUH.

Since 2009 38 permanent seasonal workers organized by STUH have got full-term contracts.

March 15-18 2011, Costa da Caparica, Portugal