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The moral discourses of “post-crisis” neoliberal labour code reform: A case study from Lithuania Arunas Juska, East Carolina University, and Charles Woolfson, Linköping University
*Do not cite or circulate without author’s permission*
Forum for Asian Studies workshop: Precarious work in Asia in comparative perspective Kungstenen, Aula Magna, Stockholm University, 27 November 2015, 10.00-15.00
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Work-‐in-‐progress. Please do not cite or circulate.
The moral discourses of “post-‐crisis” neoliberal labor code reform:
A case study from Lithuania
Arunas Juska and Charles Woolfson 1. Introduction
On 10 September 2015, over a thousand trade unionists marched in orderly procession down the main thoroughfare in the center of Vilnius, capital of Lithuania. At a time when demonstrations by tens of thousands of trade unions are an almost daily sight in the capitals of major European cities, this event seemed unremarkable at first glance. Yet a closer look reveals a number of noteworthy aspects. Demonstrations by trade unionists are rare events in this small East European country of close to three million inhabitants, in which trade union density amounts to less than ten percent of the workforce. This was the first time that the leading trade union confederations (of which there are three in Lithuania) had led a united protest on the streets, since an anti-‐austerity demonstration in 2009 had ended in disorder and riot, with police using rubber bullets and tear gas to quell the demonstrators. On this occasion also, riot police were much in evidence, some with gun holsters strapped on leg Wild West style, but this alone could not suppress the enthusiastic atmosphere of the march. To a naïve observer a bewildering array of “carnivalesque” symbolism was on display. One brief image captures the flavor of this event. A white eight-‐door ‘stretch-‐limo’, more normally used to ferry newly-‐wedded couples to and from church, or to whisk the play-‐children of the Vilnius nouveau riche between parties, formed the center piece of the parade. Its windows were adorned with the banner “Employer – the most important person” while hubcaps on its wheels sported the message “New Labor Code”. This was, if nothing else, a symbolic representation of power, class and subordination.
2. Labor and the political economy of “post-‐crisis”
As the above brief cameo suggests, this article is about the imposition of a new and contested labor code in Lithuania. While a seemingly prosaic legislative reform in the context of a minor peripheral European Union member state, it nevertheless exemplifies a much wider process of the global neoliberal restructuring of labor rights in the contemporary era, in which a growing “precariousness” is common in such disparate geographical contexts as post-‐communist Eastern Europe, South Africa, or South Korea (Schierup, 2016; Shin, 2013). Lithuania is of particular interest, as one of the European Union member state countries which experienced the sharpest falls, globally speaking, in living standards and GDP during economic and financial crisis of 2008. What followed was a period of severe austerity with widespread erosion of wages and working conditions. Consider the impact that the crisis had on employees. A representative survey conducted in 2011 reported that in 2008-‐2011 wages for 59% of respondents were cut, for 36% of employees guarantees of retaining employment were reduced, 20%
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experienced cuts in work hours; 40% of respondents worked more than once a month during weekends, and 37% worked unplanned overtime (Moteris.lt, 2012). Therefore, it was not unusual read about prevalence of “the law of jungle” (as the leader of Lithuania’s Education Workers union had put it (Dranseinkaitė, 2015), prevailing in labor relationships in Lithuania. This also explains why workers in Lithuania, according to a survey conducted by a leading recruitment service provider in the Baltics, found given the choice, only 2.9% of workers would choose a Lithuanian as their boss, while ten times more would choose a boss foreigner (from core EU countries). Westerners, according to the respondents, are more respectful of their employees (20.8%), and jobs at Western firms are more stable, and style of management is more measured and less abusive (Lzinios.lt, 2015). The prevalence of authoritarianism in labor relations goes back to Soviet times when party bosses ruled industrial enterprises. Barely reconfigured, this authoritarian style of management was transferred to the beginnings of Lithuanian business culture forged in the years of “the wild capitalism” of the early and mid-‐1990s, when private enterprise emerged in a process of chaotic, pervasively criminalized and violent privatization of state property. Inevitably, violence in intra-‐business relationships and the “survival of the fittest” ethos also shaped labor practices producing rigidly authoritarian labor relations characterized by humiliating disempowerment of employees. It seems that almost instinctually these worst aspects of indigenous Lithuanian business culture once again became prominent under the existential threat of survival that the deep economic crisis of 2008-‐2009 presented. The crisis also saw migratory exit of the labor force on a scale hitherto unseen, amounting to some 10-‐12%, and continuing albeit at a lesser intensity in the years which have followed. Economic factors have been a major factor in this migration, given the continuing wage disparity between newer and older EU member states. However, overall dissatisfaction with the quality of work relations, and the perception of a hostile and aggressive employer class which fails to treat the workforce with respect and dignity, is as suggested above, a salient factor here. Viewed in the context of previous observations about the quality of labor relations in Lithuania, migration can be seen as a form of individualized ‘silent’ protest. It is this very silent “exit” which has hitherto failed to produce sustained contestation of a more concerted and organized nature against oppressive labor conditions, until that is the imposition of the new labor code was proposed in the current period beginning to generate mass unrest among the remaining workforce. Given that labor was already comprehensively disempowered in all practical senses, why was it seen as necessary by the forces of capital and their political representatives to dismantle the existing legal framework of industrial relations by introducing a comprehensive new labor code in 2015 and why now, given that it is almost half a decade since the economic crisis? During the crisis and under austerity policies that followed, the main factors in increasing competitiveness of the Lithuanian economy were securing a decrease in labor costs, increasing the effectiveness of management in manufacturing and service provision, and ensuring optimization in materials provisions. In the four years following the peak of the financial crisis, the effectiveness of these measures in stimulating the economy began to diminish, while wages started to increase rapidly outpacing the growth of productivity, in a longer-‐term an unsustainable trajectory. Wages began to
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increase primarily because of a combination of (a) labor shortages (structural unemployment) caused by large-‐scale emigration and (b) increases in minimum wage. In the first quarter of 2013 wages increased by 4.4% in comparison with first quarter of 2012, in private sector by 5.4%, in public by 3.2%. Half of an increase was accounted by an increase in minimum wage up to 1,000 Lt (289 euros) on January 2013 (Tauraitė, 2013). At the same time, 2013 was also the first year since the crisis when the rate of growth in wages began to outpace the rate of growth in productivity (Mačiulis, 2015). By the fourth quarter of 2013, the wage growth was 6.2% in private and 2.8% in public sectors. The real increase in wages (taking account of inflation was 4.2%). In comparison, productivity was growing at a rate of 1.4% in the same period of time, while unemployment remained very high 11.4%. Forecasts suggested that in 2014 wages would grow by 5.5%, while in 2015 by 7.0% (Nausėda, 2014), while economic growth rates of GDP continued to be revised downward from 3.5% to 2.8% and to 1.8% (in September 2015), to the level that was “even lower than was forecasted by the most pessimistic <experts>” just a year ago (Nausėda, 2015). Most troubling for longer-‐term economic growth, was lagging of investment in updating and innovation in production technologies that by 2013 were 9.5% lower than in 2012. In 2012, in terms of proportion between GDP and “material investments” in upgrading production technologies, Lithuania was in the last place among Central and East European countries. Economists had termed this an “investment abstinence” syndrome indicating an extensive and, in the longer run, unsustainable trajectory of growth for the national economy. The current conjuncture therefore, presents significant new challenges which mandated further assaults on labor. The new “post crisis” phase requires, above all, a further significant recalibration of the existing framework of labor-‐capital relations in favor of the later -‐ a rewriting of the social contract -‐ in the search for new stratagems of profitability. This is the political and economic context within which proposals for a new labor code in Lithuania were inaugurated, generating the ensuing debates and social conflicts which are analyzed here. For purposes of this study “post-‐crisis” is defined as a new period characterized by rapidly declining economic efficiency, competitiveness, and profitability. For analytical purposes, it is suggested that year 2013 marks the beginning of “post-‐crisis” period. This was the first year since imposition of austerity policies that the rate of growth in wages began to outpace the rate of growth in productivity, signifying the objective limits of an extensive model of economic recovery and future development based on manufacturing and export of low-‐wage, low value-‐added commodities. Politically, the beginning of “post-‐crisis” period is associated with the start of preparations of deliberations over the new labor code, which commenced in December 2014, when the government presented its outline of the new labor legislation. The new labor code proposals were inaugurated therefore as a response to the declining effectiveness of austerity-‐based economic policies, under conditions of rapidly increasing wages, and declining productivity and economic growth.
3. Some theoretical considerations
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Before beginning detailed analysis, it is important to indicate the limitations of what is being attempted in this study. The article is not a comprehensive review of Lithuanian mass media coverage of debates concerning the new labor code per se. Nor is it an attempt to hypothesize the impacts of mass media on wider societal consciousness. It has a more limited aim to map and describe the parameters of an unfolding dialogical moral politics as reflected in mediated “strategic discourses”, and to weigh the shifting balance of the “moral” arguments that were mobilized within competing discourses. The empirical basis for the analysis is described in the following section in terms of the selection and coverage of these discourses, themes, keywords and sources. Each strategic discourse, in turn, is underpinned by a sub-‐text of “embedded justifications” that attempt to legitimize particular claims, which are described in more detail in the analytical section of the paper. The current analysis is tentatively located on the terrain of what is referred to as “critical (political) discourse analysis”. While there is an emerging literature on the analysis of the global financial crisis and its aftermath of austerity employing discourse analysis (Fairclough & Fairclough, 2012; Fairclough 2015; Kelsey, Mueller, Whittle, & Khosravinik, 2015), the exploration of any subsequent phase of neoliberal reconfiguration has so far been absent. In examining “post-‐crisis”, an attempt is made here to go beyond the “‘moral tales’ of austerity that have occurred in political rhetoric” in the previous phase of neoliberal crisis (Kelsey et al., 2015, p. 2) in order to explore the formation of new moral discourses in a new context of “post-‐crisis”. Theoretically the paper is positioned as an applied, albeit embryonic Marxist socio-‐linguistics to embrace questions of power in society and the formation of ideology, as well as the question of absent or emergent counter-‐narratives at a specific historical conjuncture. As such, the analysis rejects ahistorical, post-‐modern, structuralist and individualist approaches to discourse analysis. Instead, the understanding of the evolution discourses is positioned by highlighting the dialogical tension of utterances, each as representing a reply to other utterances in a specific period of heightened social contestation, during which language is invested with and suffused with ideological moment. Thus, strategic discourses, both pro-‐new labor code and against, are analyzed to uncover the unfolding “dialogical tension” within and between these discourses. An attempt is made to assess their relative discursive efficacy, in which condensed keywords are embedded. These keywords, in turn, provide the discursive dynamics of “moral” debates as sites of ideological struggle. Discursive contest leads to the possibility of “openings” in the hegemonic discourse, in terms of injecting counter-‐arguments and shaping dialogic refusal generated by real social actors in struggle. This paper draws on Valentin N. Voloshinov’s masterwork, Marxism and the Philosophy of Language (1973), first published in Russian in the early post-‐revolutionary period. It extends previous attempts to apply Voloshinov’s method to specific historical conjunctures (Foster & Woolfson, 2000; Woolfson, 1976, 2009, 2010). Voloshinov’s Marxist socio-‐linguistics forms one important, largely unacknowledged, foundation of contemporary critical discourse analysis (But see Rodgers, 2004), together with the work of other leading Soviet theorists, including L. S. Vygotsky and and A. N. Leontiev (Woolfson, 1977). Voloshinov’s work has since been productively employed by Stuart Hall, who described Voloshinov as ‘that very great Marxist theoretician of language’ (Hall, 1981, p. 235) when constructing his field-‐defining elaborations of ideology and
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popular culture. Likewise, in his Marxism and Literature (1977) Raymond Williams acknowledged the seminal importance of Voloshinov’s work which he noted:
opened the way to a new kind of theory which had been necessary for more than a century. Much of his effort went to recovering the full emphasis on language as activity, as practical consciousness, which had been weakened and in effect denied by its specialization to a closed ‘individual consciousness’ or ‘inner psyche’ (Williams 1977: 35-‐36).
Again, Fowler in an early work in the field of discourse studies provides a distinctively Voloshinovian exposition of the relation between language and ideology arguing that the ideological role of language is central to constructions of reality: “Anything that is said or written about the world is articulated from a particular ideological position: language is not a clear window but a refracting, structuring medium’ (Fowler, 1991, p. 10) cited in (Kelsey et al., 2015, p. 13). Voloshinov assigned priority to words as the product of lived sociality, embodied in the linguistic sign and realized in the form of spoken utterances as the vehicle of ideological social consciousness. As Voloshinov (1973: 15) noted:
Every ideological refraction of existence in the process of generation, no matter what the nature of its significant material, is accompanied by ideological refraction in word as an obligatory concomitant phenomenon.
The dialogic realization of utterances is contingent upon the underlying processes of new forms of emergent social forces conditioned by class relations. However, language is no mere mechanistic reflection of the struggle of base with superstructure. Voloshinov identified not simply the reflection of reality in signs but its ideologized refraction, infusing an “inner dialectical quality” in word meaning (Voloshinov, 1973: 23). This dialectical tension creates a clash of “differently oriented social interests within one and the same sign community” (Voloshinov, 1973: 41). The refraction of class struggle is registered in what Voloshinov (1973: 23) termed the “social multiaccentuality” of the ideological sign, in which theme and form of sign are inextricably interconnected and ultimately determined by sets of contested forces:
Indeed, the economic conditions that inaugurate a new element of reality into the social purview, that make it socially meaningful and ‘interesting,’ are exactly the same conditions that create the forms of ideological communication (the cognitive, the artistic, the religious and so on), which in turn shape the forms of semiotic expression (1973: 22–3).
It achieves particular clarity in dialogic strategic discourses of contestation. Dialogic discourse allows us to begin to analyse changing forms of social consciousness, or in Voloshinovian terms, the substrate and dynamic realm of “behavioural ideology”, emphasizing the connective threads between the lived situated experience of social change and its complex signification in language. As Voloshinov (1973: 23) suggested:
The word is the most sensitive index of social changes, and what is more, of changes still in the process of growth, still without definitive shape and not as yet accommodated into already regularized and fully defined ideological systems.
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The word has the capacity to register all the transitory, delicate, momentary phases of social change.
But the indexical potential of words, in providing a window into changing social consciousness, is also conditioned by ideological interventions ostensibly using non-‐class terms which are themselves politically and socially “motivated” by the need to retain and preserve the current hegemonic order from contestation. This contestation “from above” is not new. Over the period of two decades since the collapse of the Soviet Union, an attempt has been made to impose non-‐class “shared” assumptions in the common project of post-‐communist transition and nation-‐building on an ethno-‐nationalist basis. This has been an acutely “necessary” form of the state’s ideological intervention, given the fraught social tensions created by the spiralling inequalities first of post-‐communist society, and more recently by the sacrifices of austerity unequally imposed upon the population (Sommers & Woolfson, 2014). Faced with the need to secure at least a minimum of social cohesion, ruling elites have attempted to give a supra-‐class or eternal and “immutable” quality to word meaning in language, and to perceived reality. Above all, it has been necessary to forestall any “backward-‐looking” or yearning for the securities of the previous Soviet era, or the articulation of rights-‐based social justice demands and collective discourses of “fairness” in the new ardently neoliberal and “hyper-‐individualized” society and economy (Matonyte, 2006). At the same time, while the new order has explicitly de-‐legitimized class perspectives, new realities generate dialogical ‘tension’ between idealized ‘non-‐class’ representations and the lived experience of the excluded majority. This disjuncture creates what Voloshinov called semiotic ‘flux’ in language. This continuing potential for flux poses socially disruptive challenges to the non-‐class assumptions underlying the neoliberal social and economic order. Here we attempt to apply this theoretical framework by analysis of neoliberalism’s “post crisis” project of the new labor code in Lithuania. What is new here is that this understanding of labor law in-‐the-‐making is not simply positioned as part of a legislative process, but as the active embodiment of the clash of real and opposing social interests in a post-‐austerity phase, articulated through strategic discourses in which each side attempts to establish its legitimacy on specifically “moral” grounds. Strategic discourses become the privileged site upon which a more or less fierce and ongoing “socially interested” interrogation of contested signs between labor and capital takes place. A dynamic dialectical flux is set in motion in which themes of “social justice” and “fairness” in society, have been to some extent re-‐legitimized in collectivist strategic discourses. Thus, debates on the new labor code represent a turning point in a new discursive context in which there is an emergence of new discourses of discontent, still relatively enfeebled and perhaps more adequately described as ‘murmurs of discontent’, but nevertheless based on a new class understanding, for perhaps the first time in the current millennium. The next section describes the methodology employed in detail.
4. Methodology A comprehensive list of news reports and articles was compiled on the labor law reform published from December 10, 2014, when the draft outline of the new labor code was
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introduced until November 2015 (the time of writing). For this purpose the most visited Lithuanian national news portals such as Delfi.lt, 15min.lt, alfa.lt and bernardinai.lt and online sites of the major daily national newspapers such as Lietuvos Rytas at lrytas.lt (“Lithuanian Morning” in Lith.) and Verslo Žinios at vz.lt (“Business News” in Lith.) and the weekly Respublika at respublika.lt were searched. Online search of regional and local newspapers showed that the new labor law coverage was minimal and what was posted were re-‐prints either from national newspapers or from national news agencies. Thus, local and regional news media are not included in this study. News portals are the dominant medium of news delivery in Lithuania. According to the data provided by the online research agency “Gemius Baltic,” in August 2015 the top three news portals were Delfi.lt with 1.2 ml, 15min.lt with 1.03 ml, and lrytas.lt with 884 thousand visitors per month. Verslo Žinios portal vz.lt – was seventh most visited with 548 thousand users, and alfa.lt the ninth most visited site with 507 thousand visitors per month (see http://www.audience.lt). Among printed news media, in February through to April 2015, “Lietuvos Rytas” was the most popular daily newspaper in the country with 211.5 thousand readers, or 9.4% of the average daily newspaper readership (TNS LT, 2015). The readership of printed version of Verslo Žinios was the 7th largest accounting about 1.4% percent of readership or about 40 thousand of daily newspaper readers (TNS, 2015, p. 23).
Articles were searched for two terms Darbo kodeksas (“Labor Code” in Lith.) and Socialinis modelis (“Social model” in Lith.). Keywords “social model” were used because the new labor laws proposals were a part of a broader package of more than 40 laws introduced in the Lithuanian parliament (Seimas) in the autumn of 2015 with the goal of comprehensive reform of the whole system of labor relations and social welfare in the country. Here only the former are examined since within this package of laws, the labor law reforms were the most significant piece of legislation. “Tags” or identifiers of topics associated with articles created by the online sites were devised in order to index and group materials for easier search and retrieval. Tags were identical to such keywords as Darbo kodeksas and Socialinis modelis used in this study. For December 2014 through to November 2015, 357 articles on the new labor code were identified. As Figure 1 demonstrates, from December 2014 through to February 2015, only 12 articles on the new labor law were published in the Lithuanian news media. Coverage hits the headlines only in March 2015, when the Lithuanian President Dalia Grybauskaitė in a critical speech called the new labor law an “expensive and poorly developed hodge-‐podge of items” and questioned transparency of the process by which the new code was prepared and paid for. The Prime Minister A. Butkevičius, for his part turn, responded to President’s critique by a vigorous public relations campaign lobbying for the new law. Up until June 2015 labor law coverage was dominated by the public rhetorical sparring between the President and Prime Minister (and their surrogates), squabbling not only about provisions in the new labor law, but also about the government’s authoritarian, strong-‐arm tactics of hastily pushing the legislation through the Seimas, squashing public debate and scrutiny of the new law, and sidelining participation in deliberations of key stakeholders such as trade unions and the broader public.
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By July 2015 the political debate expanded beyond the PM and the President, to also include the national Tripartite Council representing employers and unions, Seimas, and representatives of political parties in the ruling coalition and opposition. Labor unions became especially vocal, organizing a major protest rally against the new labor law, the largest in post-‐crisis era. Inclusion and involvement of new actors and stakeholders in the proposed labor law debate was related to a change in the government tactics because its “bulldozer-‐like” (in words of the President) approach had backfired, galvanizing criticism and opposition. In order to avoid a protracted and energy and time draining legislative fight with an uncertain outcome, the government negotiated (through the Tripartite Council) a number of proposals on modifications and amendments which reversed or modified some of the most controversial provisions, such as on reductions in maternity leave and child care benefits, and on cuts in employment severance compensation. By September 2015 the Tripartite Council finished its deliberations agreeing on 80% of provisions and forwarding the draft law to the Seimas. This effectively ended debates on whether or not the new labor code would be passed into law becoming, in effect, fait accompli (pending some unlikely dramatic events). News coverage shifted to reporting on which provisions in the new labor code would be approved, rejected, or modified by Seimas. Therefore, by November 2015 coverage of the new labor law declines significantly -‐ to 21 publications. Since the debates now focused on technical details and intra-‐ and inter-‐party bickering as the legislation works its way through the Seimas, we foresee fewer still news reports of this issue in the news media in the immediate future. This allows us to claim that 357 news reports for December 2014 through to November 2015 effectively brackets the entire episode of political conflict and negotiation over the new labor code in Lithuania.
23 7
4233
46 43
2516
77
42
21
0
10
20
30
40
50
60
70
80
90
Dec-14 Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 15-Nov
Num
bero
fPub
licaG
ons
Figure1.NewsMediaPublicaGonsonthenewLaborCode(LC)inLithuania(Dec2014-Nov2015;N=357)
ThepresidentcallsnewLCa“hodgepodge”ofmeasures;ques;onstransparencyoftheprocessbywhichthenewLCwasdevelopedcrea;ngpubliccontraversy
GovernmentapprovesnewLC
OnDecember10,2014LCismadepublicbyCommissionontheNewSocialModel
Thepresidentcri;cizes“bulldozer-like”pushfornewLCbythegovernment;callsforselec;vechangesinLC
LaborUnionsholdthelargestprotestrallyinpost-crisiseraagainstthenewLC
Tripar;teCommissionfinishesitsdelibera;onsagreeingon80%ofLCprovisions
Seimasbeginsdelibera;onsonthenewLC
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While not an exhaustive list of news media articles on the new labor code published in Lithuanian news media, it comes close to saturation coverage of the topic. Out of a total of 357 publications analyzed, 137 were published in Delfi.lt, 78 in Lrytas.lt or “Lietuvos Rytas,” 51 in vz.lt, 21 in 15min.lt and 20 in alfa.lt. We counted 89 individuals who had authored or co-‐authored articles on the new labor legislation; 63 reports were produced by agencies such as the Baltic News Service and ELTA, Lithuanian News agency. The remaining reports were by the corporate authors, usually by news portal or newspaper editorial staff. Articles retrieved varied from a paragraph in length, e.g., a report on what proposals the parliament was considering on the new labor legislation or a report on a meeting held by political parties to discuss the new legislation, to extensive articles analyzing labor legislation by experts, government officials, labor union representatives, experts, or editorials and articles by columnists (in “Opinion” sections). Bibliographic data on each article such as a title, author (journalist or corporate author such as editorial board, newspaper staff, news agency, etc.), source (news portal or newspaper) and date of publication was entered into the EndNote bibliographic reference management program. The articles were read in full and then coded according to two criteria. First, social actor or actors that were being reported on in each article were identified on the basis that two and more actors could be identified in a single article. Government views were reported on in 28% of all articles coded, business lobby and employers in 19%, labor unions and employees in 19%, the Commission on Labor Law Reform in 7%, the Seimas (parliament) in 6%, the national Tripartite Council in 6%, opinion-‐writers opposing the new labor law in 5%, the President of Lithuania in 4%, opinion-‐writers supporting the new labor law in 4%, and others in 2%. Beginning with a list of approximately 20 themes or sets of keywords the following themes were identified: liberalization of labor relations; competitiveness; business efficiency; claims of new jobs created via reform; lowering unemployment; reducing poverty; increasing motivation to work; political negotiations; modernization; more authority to employers; lack of transparency; flexicurity; taking rights away from workers; reducing security/increasing risks; gender (in)equality. In addition, more concrete themes were identified such as severance pay issues; lay-‐off notification periods; temporary employment contracts; reduction of wages. Two or more categories could be used to identify the content of a single report, in other words, a report should contain at least two of the above for inclusion. Based on empirical clustering of thematic categories, 7 discourses or strategic narratives were aggregated (Figure 1). Five strategic discourses were identified as clearly supporting liberalization and such support was evidenced in 44% of all news reports. Categorized as supportive were those discourses arguing for increasing authority and discretion of employers, thereby benefiting businesses, employees, and society at large. Two discourses opposed liberalization of labor laws were evidenced in 21% of all news reports. These latter reports were focused on claims that the proposed legislation reduced employment security, protection, and benefits for employees and negatively impact the well-‐being of the broader society. In the next section these
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emergent competing discourses and the discursive resources on which they draw are examined in greater detail.
5. Strategic Discourses of Reform
Among pro-‐new labor code discourses certain strategic narratives could be identified which were underpinned by a sub-‐text of embedded justifications of reform, in the first instance as ‘economically rational’ and thus “above class interests”, and/or as having a higher “moral” justification. Thus, (1) liberalization of labor relations rested on a rationalist economic discourse of the new labor laws as increasing intra-‐firm efficiency (26%); Complementing the previous (2) increasing inter-‐firm/country efficiency discourses projected this economic rationality at the level of international competitiveness (6%). The seemingly imperative “logic” of these discourses precluded any simple dialogical contestation or refusal. In addition, two other strategic narratives were positioned on “moral” terrain. Accordingly, (3) modernization discourses rested on embedded justifications which interpreted contestation over the new labor laws as a generational conflict between younger and older generations. This discourse depicted supporters of the new legislation, as being energetic, creative, mobile, residing in social networks and looking for self-‐realization. By contrast, opponents of the new legislation, were depicted as being the older generation of employees who grew up under the protective embrace of a paternalistic socialism and were now fighting to retain employment protections in a “Soviet” retrograde, or in a 19th century style “factory-‐manufacturing plant system” that had ceased to exist (6%).
Pro-newLC:Suppor/ngliberaliza/onoflaborrela/ons
(intra-firmlevel:ra/onaliza/on/effec/veness)
26%
Nego/a/ons/poli/cal"horserace"coverage
17%
AgainstnewLC:Takingrights/security/payawayfrom17%
Mixed:Providesflexicurity8%
PronewLC:Compe//veness(inter-firm/countrylevel)
6%
PronewLC:Moderniza/on6%
PronewLC:currentLCisignored;informalrulesgovernlaborrela/ons(defactoversus
dejure)6%
AgaintsthenewLC:itisaversionof"businesspromo/on
law"(socialconcernsarebracketedout)
4%
Other10%
Figure2.NewLaborCodeCoverageintheLithuanianNewsMedia(N=357;Dec2014-Nov2015)
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Complementing the above discourse was that of (4) flexicurity. The “flexicurity” discourse was embedded in and focused on guarantees of “social fairness” and protection from the adverse consequences of labor market uncertainty in terms of unemployment and diminished labor rights. According to this narrative the new workforce itself seeks employment forms of a more flexible, contingent and temporary form that will enable its members to circulate in the labor market according to specific projects, limited-‐time contracts, as well as providing enhanced personalized choices as regards to overall working time commitments. In this new world, the mobile employee would be supported when necessary by state insurance systems for periods of ‘temporary’ unemployment and/or retraining between jobs in the more diversified modern labor market, in which permanent jobs are a thing of the past. So-‐called “flexicurity” or “flexible security” was present in 8% of news reports. A further strategic discourse pro-‐labor code reform (5) distinguishes formal labor laws (de jure) and actual labor practices (de facto). This narrative also rested on an embedded justification, identifying deficiencies in the application of current labor law, in terms of disjuncture between the formal protections and actual (real world of employment conditions). Thus, it was argued, given current widespread ‘real-‐world’ disregard of formal labor protections, the new labor law would actually increase security and other social provisions for labor by codifying a “realistic” set of labor protections (6%). A significant tail of an additional 17% of news reports covered the negotiated politics of the new labor code proposals in terms of (6) a ‘political horse race’ between rival teams. A declining and increasingly a-‐political national readership receives its news coverage of national and international politics in news portals and newspapers that tend to present issues at stake in a superficial and decontextualized manner, essentially glossing over complex arguments and unfolding debates. Thus, in this category are articles that reviewed the debate over the new labor code proposals in terms of reporting who is “wining” and who is “losing”, while neglecting to cover substantive issues; depicting squabbles of politicians over “ideological purity” as to who is conservative or social democratic (or not enough “conservative” or “social-‐democratic”); focusing on quarrels within and among parties and party coalitions associated with the new labor code proposals, by dwelling on personality conflicts and clashes of the “he said, she said” variety. The anti-‐new labor law discourses were represented in 17% of reports. It was claimed that (7) an escalation of class conflict would result from the new labor laws and potentially leading to social disenfranchisement of employees in the workplace. This discursive position was underpinned with embedded justifications of legitimate worker resistance to a removal of existing labor rights in what was characterized as the imposition of “social serfdom” or “slavery”. In an additional 4% of reports it was asserted that the new labor laws represented a wider “denial of social justice”. Not only did the proposed labor reforms attempt to liberalize employment, but also harmed society as a whole, by bracketing out broader social concerns in favor of a narrow business-‐led agenda. The embedded justifications for these latter narratives pointed to and forewarned of the danger of social conflict associated with deregulated markets, socially embodied in a growing division between “winners” and “losers”, a further erosion of social solidarity, a decline in social dialog, an expansion and reproduction of various
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forms of social marginalization and exclusion, and last but by no means least, increasing emigration from the country. At this point in the article we attempt to unpack these strategic discourses in greater detail to reveal their internal dynamics and their (unequally) competing ideological thrust, since no discourse exists in isolation, but all are in and of themselves, a “reply” to other unspoken discourses. Liberalization: “Liberalization” as a strategic discourse presents a technocratic argument framed in terms of seemingly objective neutral criteria such as increasing the “efficiency of the firm”, or “reducing costs for businesses” (Valatka, 2015). It is a technocratic discourse because it strives to present liberalization as an attempt to make labor markets more rational and efficient and eschews political, social or ethical dilemmas involved in labor restructuring policies, i.e., questions of who will pay for and who will benefit from this restructuring and how gains from increasing effectiveness will be distributed between labor and capital. When the term “liberalization” is used by advocates of the new labor code, it most often means making the labor market “more flexible” (in words of Prime Minister Butkevičius), or “improving business environment”, especially by “shortening time for posting notices concerning laying off employees and reducing severance payment compensation” (Gudavičius, 2014); including “more flexible working time regulation, <…> temporary labor contracts, more flexible employment types” (Alfa.lt, 2014). In other words, to its proponents, labor market liberalization would allow laying-‐off as well as hiring workers in a simpler, quicker and cheaper way than possible under current labor law. The president of the Lithuanian Confederation of Industrialists summed up this view as follows: “when it is easier to hire and fire, businesses are more willing to risk <expansion>” (Kupetytė, 2015). Or, on the contrary, without capacity to rapidly adjust to changes in market demand via layoffs, “employers are reluctant to hire new employees because in case of onset of a new economic crisis, it would be difficult for businesses to lay off workers, thus potentially causing their bankruptcy” (Alfa.lt, 2014). The Ministry of Social Security and Labor estimated that in a period of five years, the new labor code would allow the creation of up to 85 thousand new jobs and reduce unemployment to 7% (BNS, 2015b). For their part, the Lithuanian Confederation of Industrialists argued that the number of new jobs created would be even higher, up to 90 thousand, while wages would grow 3-‐5% (Lietuvos Rytas, 2015). Claims of “reluctance to hire” by businesses, and projections of thousands of new jobs created, especially resonated with the Lithuanian government because unemployment remained persistently high (in double digits 2009-‐2015) despite the fact that in the immediate post-‐crisis years economic growth, at least in GDP terms, had rebounded. Persistently high unemployment was also the primary concern of the European Commission, which counseled Lithuanian government to increase flexibility of labor market through “a comprehensive review of the labour law” . . . “to find ways of alleviating the administrative burden on employers” (Council of the European Union, 2014). Competiveness: Unlike the “liberalization of labor relations” as a discourse which is deployed to argue for increasing effectiveness on intra-‐firm level, “competitiveness” as a
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strategic discourse adopts national and transnational perspectives. In this iteration, claims are made that the new labor law will increase efficiency of national economy vis-‐à-‐vis global and regional competitors, again excluding political, social or ethical dimensions of domestic labor market restructuring. Rankings produced by the World Economic Forum (WEF) are used as for the evidence of the lagging competitiveness of Lithuania. Although WEF uses 12 sets of indicators or (“pillars”) to describe a country’s competitiveness, the advocates of labor reform had focused on and selected one indicator (out of a possible 6) in the “Labor Market Efficiency” pillar, namely “hiring and firing practices.” According to WEF global rankings on this indicator Lithuania ranked at 125th out of 144 countries worldwide1, or as advocates for the new code were fond of observing, placing Lithuania “on a par with countries in Sub-‐Saharan Africa” (Zabulis, 2015). “Competitiveness” as a strategic discourse is also framed in a regional context, to indicate that Lithuania with its currently “restrictive” labor code is becoming less attractive for foreign investment than its (rival) Baltic neighboring states -‐ Latvia and Estonia, both of which had recently liberalized their labor laws. According to the main architect of the new labor code, Dr. Tomas Davulis, an academic labor lawyer from Vilnius University, the dilemma was simple: “would a <foreign> firm chose to invest in Lithuania knowing that <in our country> employees have twice as long annual holidays than in neighboring Latvia and Estonia? What should potential investors think about investing <…> when in Lithuania we have many protective measures covering a number of categories of employees <…> while severance payments can reach up to six monthly salaries and lay-‐off notices should be provided <to employees> up to four months in advance, <…> when in Latvia and Estonia both severance pay equals one month of salary and lay-‐off notice is provided to employees one month in advance?” (15min.lt, 2015). Parallel arguments were advanced by the Lithuanian Investors’ Forum, an umbrella organization for the largest investors in Lithuania according to whose Chairperson the country would attract more investment were it not for the fact that “<its> annual overtime is limited to 120 hours, while in neighboring Latvia and Estonia overtime can reach up to 400 hours or more. <These countries also have> less cumbersome hiring, simpler labor contracts, and, what is especially important, easier procedures of laying-‐off <employees>” (Baltrusyte, 2015). Modernization: “Modernization” as a strategic discourse attempts to cast political conflict over the new labor code, not in class conflict terms, but as generational conflict between interests and ideals of the old and the young. It is argued that the current labor code, characterized as a leftover from the Soviet era, corresponds to the interests and values of an older generation which grew up in Soviet times under the paternalistic system of a “factory-‐manufacturing plant system,” of employees working from 9 to 5, now “clinging” to their lifetime jobs, and afraid or unable to choose where to work in the modern economy. Their economic and historical marginality was perfectly characterized by the president of the Lithuanian Confederation of Industrialists as those workers: “living in provinces and working minimum wage jobs. They are of very low 1 Labor market efficiency in Lithuania was evaluated via a 2013 survey of 146 “business leaders” in Lithuania who provided answers to the following question: “In your country, how would you characterize the hiring and firing of workers? [1 = heavily impeded by regulations; 7 = extremely flexible; the average score for Lithuania was 3.0]. Thus, an online survey to WEF staff in Geneva was transmitted back to Lithuania via “global rankings,” becoming “objective” evidence of lagging in “hiring and firing” flexibility.
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qualification, they cannot move because they have self-‐subsistence farms which provide them with an additional income. And they are satisfied with such a predicament” (Lukaitytė-‐Vnarauskienė, 2015). In an elaboration of this socially invidious discourse, the “younger generation,” which by contrast craves to rid itself of the “clutches” of the past, is defined not only in terms of age, but also in terms of gender and a particular entrepreneurial outlook. As women’s rights advocates pointed out, the new labor code assumes that “the ideal employee is a young, educated man, of good health and single”, while treating social responsibilities, especially ones associated with the roles of women, as secondary and of little importance (Saukienė, 2015). This gendered trope is elaborated by the architect of the labor code reform, Davulis describing the younger worker as “energetic, creative, enthusiastic, using most advanced technologies, residing in social networks and looking for self-‐realization. Today’s world is offering him (sic) numerous alternatives and choices -‐ he can choose to work anywhere in the world, day and night, he is himself choosing suitable for him ways to labor, planning his work hours and leisure. And he neither wants, nor needs any restrictions. <Today’s> labor laws want to restrains him, and he is escaping from them” (Davulis, 2013). Thus, the “modernization” discourse portrays the new labor code in terms of transformation of regular employment into “flexible” forms as bringing new “freedoms”. The idealized image of young, educated, self-‐sufficient and hard-‐working entrepreneur is also juxtaposed to those who lack moral fiber. At the extreme, are the views signaled in articles entitled “Only spongers need guarantees provided in the Labor Code” (Sadauskas-‐Kvietkevičius, 2015), “Changes in Labor Code: are dangerous only to those who see their wages as entitlement” (Bardauskas & Anilionytė, 2015), and again, “If we were to work like in Soviet times, we will live like in Soviet times” (Mazuronis, 2015). The latter article resonates with the old familiar joke characterizing employment during the Soviet-‐era: “they pretend to pay us, we pretend to work”. Moral exhortation counters populist arguments of labor unions which exploit fear of loss of employment guarantees for their members. Thus, employees are advised to “work in a way that your lay off would result in a significant loss <to your employer>,” as this will be the best guarantee of your job security, because no business would willingly lay off a valuable employee (Labutytė-‐Atkočaitienė, 2015). Fretting over the loss of employment protections associated with “the Soviet era labor code” is depicted as misguided because “today the ball is employees’ court <vis-‐à-‐vis employers>. These are employees who are in a position to choose where to work, how much money they were to be paid, are they satisfied or not with their employment conditions. Today employers are feverishly looking for employees who would assure their growth and survival. Current debates <over the new labor code> miss the point that the main guarantee for job security today is not the law, but a person’s qualifications, knowledge and capacities” (Lukaitytė-‐Vnarauskienė, 2015) As to evidence that in a current labor market “the ball is in employees’ court”, proponents of the new labor code cite surveys showing that up to 70% of employers claim that they are experiencing shortages of qualified labor (Vainalavičiūtė, 2015). Such survey data are not an indication of a booming national economy, but a sign of fundamental structural imbalances in the labor market produced, in a large part, by
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neo-‐liberal economic policies, and especially by their most recent reiteration in an austerity regime which reduced wages by about one fifth and led to significant increase in emigration from Lithuania. Currently Lithuania’s GDP per capita is about 75% of EU average, while wages are only 25% of EU averages, propelling the enormous centripetal forces fueling emigration of qualified labor from the country (Kubilius, 2015). At the same time, in a predominantly low-‐wage and low value-‐added export-‐oriented national economy, some 55% of young people are ‘underemployed’, while about one fifth of the labor force are earning the minimum wage, and the overall unemployment rate is 9.4% (Mockus, 2014). Furthermore, of the 8.1% of working-‐age population (about 146.4 thousand) currently unemployed, the majority are living in rural and other underdeveloped (in terms of infrastructure and quality of labor force) regions that are of little interest to employers (BNS, 2015a). This partisan juxtaposition between moral worth of the young, or “creative class” (Paluckas (2015) and the older generation of workers, exemplifies the conscious articulation of socially invidious distinction that fragment social solidarities and immobilize counter-‐movements in order to preclude the articulation of specifically class-‐based responses. For example, supporters of the new labor code, the “makers”, attempted to accentuate their moral superiority over the “takers” as a major labor union rally protesting the new legislation took place. The Investors’ Forum, an umbrella group for major business organizations, decided to conduct a workshop under the title “Working Lithuania” on the day of demonstration. At the workshop were “all those supporting the new social model <about 100 participants who> were able to continue their regular daily work activities, and, at the same time, listen presentations from a variety of experts on the new social model” (Jankaitytė, 2015). The public relations goal of Investors’ Forum was underscore the contrast between members of “the creative class,” all supporters of the new labor legislation and all young and dressed in business attire while multi-‐tasking – working on computers and simultaneously listening to presentations, while demonstrators in the streets in the middle of the working day were lobbying the government for the preservation of previous outdated employment protections. The narrative of the necessary “modernization” of the labor code not only critiques outdated labor norms ostensibly inherited from Soviet era (Savickas, 2015), but also takes distance from “socialist” elements of a more social democratic kind, typically associated with contemporary versions of the European Social Model. The proposed new Lithuanian ‘social model’, by contrast, was characterized as “more advanced than similar legislation in the EU core countries; <…> because <core EU countries> cannot liberate themselves from certain clutches <…> and ossified institutions” (Jankaitytė, 2015) specifically labor unions, collective bargaining arrangements, and consultative tripartite commissions, involving social dialog between employers and trade union representatives. In this respect, the discourse of modernization was driven by an avowedly neoliberal reform agenda. The tropes of “advanced,” set against “clutches” of past and "ossified institutions” now characterized the “modernization” discourse as the favored employer keyword rather than the more abstract and ideologically saturated discourse of ‘liberalization”. This semantic shift from “liberalization” to “modernization” is illustrated by Arvydas Avulis, President of the business group “Hanner”: “We all must understand that the
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current Labor Code make us look woeful and uncivilized. This is similar to a situation when some are traveling by cars, while we are still riding horse drawn buggies…” or, according to Valdas Sutkus, Director General of the Lithuanian Business Employers’ Confederation: “Modernization means reorganizing and coming into 21st century. I have repeated many times <…> that we are living in the 21st century, while the Tripartite Commission is a relic from the 19th century" (Savickas, 2015); and in a similar vein, “Businessmen in support of the new labor code: we must live in the 21st century” (Šimulis, 2015). Between labor laws and labor practices: De facto and de jure debates. The Government had found an ingenious (disingenuous) way to respond to the labor union claims that the workers’ rights and protections would be significantly reduced by the new labor law. Instead of comparing the current and the new labor law provisions, Prime Minister Butkevičius repeatedly urged labor leaders to compare actual labor practices with the new labor law provisions which would be supported by effective enforcement favoring workers’ legal rights, currently disregarded by employers. This juxtaposition of formal and substantive was essentially a claim to ensure legal (and moral) decency on behalf of the advocates of reform. More specifically, it was argued that even if current labor law provides more formal protections, e.g., (depending on seniority) more extended time for posting layoff notices (2 to 4 months) and 1 to 6 monthly wages as a severance pay, in practice, these provisions are rarely implemented. Thus, in 2014 there were 565 thousand labor contracts terminated in Lithuania out of a labor force of 1.3 million. Of these, about one fifth or 112 thousand were temporary labor contracts that had ended because of their term expiration, and 391 thousand more (or about 70% of total terminations) were “at the request of the employer”. The current labor law has no severance compensation provisions for expiring temporary contracts or contracts that had been terminated by the “voluntary” request of employee. Just how far “voluntary” employee discretion operates in the private sector can be debated (Lukaitytė-‐Vnarauskienė, 2015). Therefore, according to Prime Minister, it is not the proposed new labor code, but current labor practices that are characterized “by <extreme> liberalism because the previous year (2014) following termination of labor contracts, in 93% of cases people had not received even 1 Litas <in severance pay>, while among those 7 percent that did receive severance pay, most were laid off from public sector” (Lapienytė, 2015). Therefore the new law would increase social protections for employees, because it makes sure that businesses will actually pay on average 2 months wages in severance, instead of what is currently an “empty” compensation statutory provision of 6 months wages which in practice is ignored by business. Why businesses which are now able to evade the current law so easily would want to follow the new law code? The response of Prime Minister was three-‐fold. First, in this interpretation employers are, in general, willing to pay severance if it is not excessive. Up to six monthly wages maximum severance pay, especially for small businesses, is excessive and if paid out, as is required by the current law, could lead to wave of bankruptcies, while paying two months would be within the possibilities of even small firms. Second, in order to placate opposition from labor unions and coalition members, the government negotiated creation of a new severance compensation fund paid by
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employers and administered by the state Social Security Fund (SODRA). Employers agreed to pay into this fund, in return for having a provision in the law that would allow them to fill permanent jobs for a period of up to two years with temporary employees (Lrytas.lt, 2015a). From the severance fund, laid-‐off employees will be paid additional severance pay based on seniority: those with 5 years seniority will get an additional one month wages, those with 10 years seniority 2 months wages, and those with 20 years of seniority – 3 months wages (Lrytas.lt, 2015b). Finally, the prime minister assured the public that employers will be subjected to unspecified fines if they were to fail to honor the new severance pay requirements (Bakūnaitė, 2015). In summary, several strategic discourses of pro-‐labor code reform have been identified: liberalization, competitiveness, modernization, flexicurity and de facto practice as against de jure protections. The combined ideological weight of these discourses, at around 70% of the total, comprised the dominant discourse in the media representations analyzed here. Importantly, all dominant pro-‐reform discourses eschew any utterance or word that in any way could be linked to and indicate class conflict; class stratification is dissolved into plurality of morally ranked individuals; fluid class boundaries that can be transcended by moral mobilization and transformation of an individual. In attempting to give a “supra-‐class”, or eternal and “immutable” quality to word meaning to language, the proponents of the new labor code adopt strategic discourses enshrining reification of the market as an objective reality requiring or even demanding, like Greek gods, reforms and sacrifice (mostly of employees), otherwise punishing the recalcitrant and unfaithful; labor reform is needed soon and quickly, because without it the wrath of market will be upon us; in this way strategic discourses fostered a binary opposition between rationality and efficiency of “non-‐ideological” market regulation, as opposed to “ideological” regulation by the state in the form of labor rights and protections.
6. The counter-‐discourses of labor By contrast, the counter-‐narratives to labor code reform reflect more circumscribed discursive resources. Social disenfranchisement/class conflict discourse. This strategic discourse was used mostly by labor union activists to frame negotiations over the new labor laws in class conflict terms, as an attempt by an alliance of the government, big business and employers to strong-‐arm employees into accepting a social contract depriving them their legal rights, and reducing their wages and benefits. If proponents of the new labor code claimed that the legislation would allow for the young, educated and ambitious males to become heroic entrepreneurs, its opponents, suggested workers will be turned into obedient draft animals, such as in an article entitled “The Labor Code: Horse as an ideal employee” (Kabakaitė, 2015). While advocates of reform argued that the proposed legislation would free Lithuania from clutches of its Soviet past and propel the nation into the 21st century, labor union activists claimed that historical transformation would be in an opposite direction, back to 19th century or even pre-‐industrial times, towards a disenfranchisement of the labor force comparable to “serfdom” and “slavery”. Use of terms “disenfranchisement” (beteisiškumas in Lith.) and “serfdom” (baudžiava in Lith.) are not new tropes, and became especially popular in the news media at the onset
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of austerity era, which began with the global financial crisis in 2008. These terms were used to express popular dissatisfaction with perceptions of increasingly oppressive and authoritarian state and labor relations as insidious subversion of the social contract, expressed in humiliating dependency on, condescending attitudes, and the helplessness of ordinary people as citizens and workers when dealing with state officials and employers (Juska & Woolfson, 2012). How then should “a descent into serfdom and/or slavery” discourse be interpreted if, de facto current labor practices are not that different or even worse than those that the new labor code attempts to institutionalize? One possible answer to this question would be to construe the competition of pro-‐ and against-‐new labor code discourses as a form of legitimacy struggle in society. Seen in this light, it is a struggle between and among social groups and classes to vindicate claims of moral superiority and inferiority. For example, the modernization discourse has been explicitly developed to juxtapose the higher moral status of business entrepreneurs and to represent as symbolically of lesser social and moral value that of employees, and especially employees on the labor market margins, such as those living and working in provinces or unemployed. It is both a moral or moralizing discourse, because it claims that for those at the margins, the way to enter the class of entrepreneurs is through individual moral rejuvenation or “modernization”: study, risk-‐taking, inventiveness, ceaseless energy, learning and using new social media technologies, etc. And in reverse, it is absence of these moral values that relegate an individual to the margins of the labor market as a “taker” rather than a “maker” in this modern morality tale. Thus, the discursive contestation over the new labor law represents a struggle to redefine the boundaries between and among those deemed to be of higher and lower value. The power to invest one class with superiority rests on their ability to commodify the value of another. Debates about the new labor code also became markers of the ascendance of a class of about 100,000 employers in Lithuania; not only to its economic and political, but also to its moral dominance in which the wellbeing and success of entrepreneurial class is equated to the wellbeing and success of the society as a whole. The “serfdom” and “slavery” tropes used by labor union activists served an expressive function of contestation, a chance to strike back—if only rhetorically—at those attempting to explicitly degrade their stature and dignity as employees. As one critic had aptly put it, “It looks like the new labor code will be passed into law in Lithuania <…> We need to resign ourselves to this outcome <…> What is left for us is to come to terms with the fact, that you, as employee are of a lesser value than the employer in Lithuania, and that a measure of your human moral worth is equal to that of your economic usefulness” (animusrationalis.blogspot.com, 2015). Substitution of society by the market-‐led discourse. Proponents of this strategic discourse argued against the narrow economic character of the new labor laws, which tended to treat society as if it were the market, and, by extension, the interests of employers as the best interests of society itself. In such an interpretation, society instead of being seen as a collective of people connected by multitude of social and cultural ties and oriented towards a common good, is reduced to set of individuals and firms acting on imperatives of economic rationality and maximization of profit. Thus, in the words of one labor union leader, when the commission to prepare the proposals for the new labor code was formed in Spring 2014, it was asked “to improve investment climate <in the country. However, the commission was not asked> about the need to
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create a more just society, reduce exclusion, improve the quality of newly created jobs, or encourage social dialog” (Judina, 2015). Therefore “the new labor code is based on ideology supporting businesses <and> should be called not the Labor Code, but the Business Code” (Savickas & Fuks, 2015). Here is an example of Voloshinov’s multi-‐accentuality of the word within contested class discourses. Other broader concerns over the societal impacts were also raised such as potential of widening “social polarization <in the country> by producing the winners as well as generating social exclusion and marginal groups” (Guogis, 2015) and further increasing emigration from the country because of the weakened employment protections (Zasčiurinskas, 2015). The latter issue remained highly sensitive, as the severe demographic crisis facing Lithuanian society, was intimately bound up with questions of the survival of the nation as a viable entity. The mass demonstration to protest the new labor code in September 2015, organized by the three major trade union confederations, brought these arguments into the public arena. Media reports echoed the placards held up by protestors: “Labor Unions fight back: No to serfdom at work!” (Jakilaitis, 2015) or “Labor Union rally: New Labor Law means return to the slavery” (Savickas & Fuks, 2015). A number of protestors at the rally had dressed themselves in ‘serf-‐like’ linen costumes, roped together to symbolize their subjugation, while tape plastered across their mouths signaled the suppression of their voice as workers and the smothering democratic debate over the new labor law. Placards held up by “silenced” protesters to denote serfdom read ironically: “We came to speak”. One protestor dressed himself in the striped uniform of a concentration camp inmate, replete with a number across his chest. Holding a semi-‐circular mock-‐up of an ‘entrance gate’ inscribed with the words “ARBEIT MACHT FREI”, etched beneath were the letters ‘DK’ (Darbo kodeksas). One demonstration placard read: Lithuanian citizens, don’t emigrate but stay and fight for your and my rights. There were also fears about businesses using labor code reform to stimulate emigration from Lithuania so that cheap labor from Belarus and Ukraine could be brought in into the country (Kabakaitė, 2015). One placard reflected this undercurrent of xenophobic fear: Parliament, time to care about your own people and raise the minimum salary at least until 450-‐480 euros and pensions, but not for refugees. The Soviet-‐era, so frequently referenced by proponents of the new labor code, was re-‐framed by the protestors in their own banners and placards in a counter-‐discourse. Thus, the old Soviet exhortation: “Work ‘adorns’ the human being” displayed on one banner ironically asked “but what adorns the employer?” In another reference to Lithuania’s Soviet past, a large red banner proclaimed: “The nation should be able to recognize its own ‘Heroes’”. This banner was “framed” by solemn iconic images on individual posters, much in the style of bygone marches “celebrating” Marx, Lenin, Stalin and other revered “heroes of the Soviet Union”, but with the “lesser heroes” of today – the author of the labor code proposals Tomas Davulis, the Prime Minister, the Minister of Labor and the Employers’ Federation representative. Finally, to counter the charge that in defending their labor rights, demonstrators were some kind of Soviet re-‐incarnation, placards proclaimed: “Red plague – NO!”, “Moscow houses – NO”. These were juxtaposed in a kind of anti-‐communist triptych, between the flag of Lithuania (symbolizing loyalty of the demonstrators to the nation) and the flag of NATO (symbolizing reassuring loyalty of the demonstrators to the Western military alliance
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and by implication, hostility to Russia and the Soviet legacy). This latter was especially salient in the febrile political atmosphere in the Baltics post-‐Crimea invasion by Russia. This condensed telegraphy of protest displays theatricality that both expressed outrage, framing the new labor code in terms of an attack on the rights of labor, but at the same time, its very pantomimic symbolic references were a measure of the weakness of labor and its lack of discursive resources.
7. Conclusion: the moral politics of “post-‐crisis” discourse This paper has attempted in a preliminary way to map new terrains of struggle for meaning and legitimacy in “post-‐crisis” era in Lithuania. It has identified pivotal nodes of contestation over labor rights, termed strategic discourses which exist both at the level of public media and in the more visceral voices of protestors in the streets. The conventional narrative of austerity as a necessary response to the global crisis, and the accompanying “Baltic morality tale” of successful austerity management through immense sacrifice as the path to economic redemption, is currently sharply contradicted by the objective indicators of declining growth and competitiveness. This has presented capital with a new contingency. The mobilization of discursive resources based on the “iron logic” of the market and the equality of “burden-‐sharing” during the crisis is more difficult to effect in the contemporary phase of “post-‐crisis”. This makes strategic discourses that can portray the dismantling of labor protections as a practical policy necessity, somewhat problematic. Hence, the elaboration of discourses during the new phase of “post-‐crisis” which require more socially and politically embedded forms of discursive construction, along explicitly “moral” and simultaneously fissiparous lines. Adopting the method of an applied Marxist discourse analysis pioneered by Voloshinov, the previous analysis attempts to “apprehend” the non-‐class or supra-‐class discourse of the ruling circles in pursing the agenda of labor code reform. In this case, moral legitimation was needed to achieve ideological hegemony, as naked power and just money are in themselves insufficient —these are purely instrumental dimensions in class relations, while the crucial symbolic dimension is a struggle for moral superiority/inferiority in a stratified society in which moral legitimacy belongs to capital (employers). Thus, the advocates of reform act as “moral entrepreneurs” engaging in a moral crusade aimed at securing the labor law reform. In a Polanyian perspective (1957, (1944)), it could be argued that such strategic interventions “from above” in contemporary conditions, also call forth dialogic contestation “from below”. These discourses uncover the sometimes contradictory, “indexical” utterances of participants at a point when new demands of a previously absent discourse of social justice are being raised. Voloshinov’s Marxist method draws awareness to the complexity of tracing direct linkages and transitions between “generative processes of existence”/ “base” and ideological forms of culture and social consciousness – the domain of “behavioural ideology” – in trying to detect what is changing, when and how and what is new. The dialogical character of competing strategic discourses however offers insight into an emerging but incomplete class-‐based critique of new and harsh legislative impositions. Such critiques can point in a number of opposing directions. There are ambivalences in the emergent discourses which point to xenophobia and an appeal to deeper forms of internal social division as well as to new recognitions of common interest and solidarities. Lacking matching discursive coherence of the pro-‐labor code reform discourses, those who opposed the new
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legislation adopted a dialogical discourse that relied on seemingly “archaic” representations of “serfdom” and “slavery”. Such metaphors had perhaps only a limited resonance with those who were directly engaged in and framed by this discourse. For the mass of the Lithuanian workforce, such notions hardly constituted deterioration in their current already precarious condition, social and economic unfairness being an enduring part and parcel of everyday working life. Moreover, the very pantomimic nature of the slogans, costumes, banners and placards, and the theatricality of the costumes of those demonstrating against the new labor code also can be seen as a token of their discursive and political weakness. Yet, despite the seeming hegemonic dominance of certain strategic discourses and the weakness of counter-‐discourses, the kernel of new kinds of collectivist consciousness can also be discerned, a consciousness rooted in the perception of class injustice. For the first time in a generation, the voice of organised labor has been heard offering not just a passive expression of discontent, but an emergent wider critique. These “dialogic” statements of discontent “from below” addressed the ruling authorities and posed uncomfortable, even potentially incompatible questions about the social and moral justice of the neoliberal project. Addressing issues of fairness and social justice in society, such dialogic protest, infuses a new dialogical flux into the language of power and resistance. The dimension of the collective experience of disempowerment and an absence of “industrial citizenship” (Fudge 2005) has struggled hard and hard to find its discursive legitimation in contemporary public debates and media in post-‐communist Lithuania. In this discursive world alternative forms of discursive practice to that of neoliberal capitalism based on the collective assertion of labor’s independent rights have been so far at least, largely extinguished. This makes the appearance of any form of discursive struggle or discourse around the issue of workplace rights all the more remarkable. Whether or not such emergent strategic discourses ‘from below’ over the new labor code in Lithuania mark a signal turning-‐point of more enduring significance, remains to be seen. At the very least, however, their creative signification points to a newly embryonic recognition of the class interests of labor as separate and opposed to those of capital. What was elided as the objective necessity of “common sacrifice” in response to the economic and financial crisis in Lithuania, an event over which no one could be said to have been in control of or responsible for, has in part at least, failed to sustain comprehensive ideological traction as new assaults on labor are launched in the phase of “post-‐crisis”. Using the perspective of Voloshinov enables us to suggest that the inauguration of an important new element of reality inevitably generates new dialogical forms of contestation and spaces of resistance. In themselves, these dialogical discourses of contestation no matter how weak, constitute markers of one of the many global voices being raised against the contemporary neoliberal reconfiguration of labor rights. References 15min.lt. (2015, January 19). Naujas socialinis modelis: didins konkurencingumą ar
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