a brighter future of work Shingo Miyake Labour Law and - PowerPoint PPT Presentation

11 TH ILO MEETING OF CARIBBEAN MINISTERS OF LABOUR Adapting institutions for a brighter future of work Shingo Miyake Labour Law and International Labour Standards Specialist Decent Work Team and Office for the Caribbean

In this presentation Emerging forms of work Impact on institutions Responses • Labour laws • Laws and regulations • Employment contracts 1. Telework • Collective agreements • Collective agreements 2. Platform work • Company practices • Labour administration (crowdwork) • Advocacy • Employers’ & workers’ 3. Zero hours contracts etc organizations 2

Telework: What is it? • Telework = work performed away from other employees and offices, using various ICT for virtual presence. • Home office, mobile office, virtual office, etc. • Telework is about modality of work • A worker may telework full-time, part-time or occasionally • Statistically, teleworkers may be classified as salaried workers or dependent contractors (their normal place of work) 3

Teleworkers (workers in employment for pay) Country % of workforce Frequency Stat date UK 4.3% Mainly work from home more 2009 than 3 days/week USA 2.8% of workforce or Working from home at least 2014 3.7 million workers half of the time EU 1.7% Almost full-time 2005 7% At least a quarter of the time 4

Benefits, challenges, Impacts Employers Workers Impact on institutions  Reduced overheads  Reduced commuting  Laws, contracts, CAs Benefits  Lower turnover  Definitions of working time/costs  Higher autonomy time  Improved work-life  Sound workplace  Labour administration balance  Difficulty in inspection Challenges  Increased IT  Blurring work – life  EOs and WO demands boundaries  Difficulty in organizing  Security issues  Working on holiday workers  Not for all tasks  Social and professional  Wellbeing of workers  Some loss of control isolation 5

Responses – U.S. Telework Enhancement Act Main Examples (see www.telework.gov) Policy • Office of Personnel Management telework guidance Most pay conditions are the same as regular workers, but night pay will not apply, etc. • Department of Defence Written agreement Hours of work, reporting to office, overtime, handling classified documents, supervision, applicable rules, alternative worksite info, etc. • Training for managers and employees Training programmes Potential benefits, teleworker skills, necessary tools, etc. • FAQs Who is eligible? How do I know an employee is really working at home? • USAID Continuity of Operations Plan Part of a Telework Managing Officer assists the Continuity Coordinator and continuity of Manger to develop an unscheduled telework strategy. operations plan 6

Responses – Collective agreements • European Framework Agreement (by social partners) • Teleworking is voluntary • Same rights to employment conditions and collective rights • The employer’s duty in data protection, equipment, OSH • Teleworkers manage own working time within applicable rules • Same performance standards as comparable office workers • Equal access to training and career development 7

Responses – Company programmes • KBC Bank (Belgium) • Satellite offices are created in administrative buildings of the bank closer to employees ’ homes. Laptops and mobile phones, and other equipment is provided. • Home-based teleworkers are also allowed, but they have to be at the office for at least three days a week. Telework is not possible for those who work less than 70% of a full-time job. • ILO • Telework is available to both internationally and locally recruited officials • Both occasional and regular teleworking is possible. • Equipment and facilities (e.g. access to ILO network) is provided to regular teleworkers. 8

Platform work: Work on platforms Type Examples Name Professional services Translation, design, software development, market Upwork research, data analysis, customer service Microtasking Microtasks = specific tasks that can be done in short time Amazon Mechanical Turk, • Checking address data Clickworker, Streetspotr • Identifying certain contents in an image • Analysis of voice recordings • Advertisement checks in Cinemas • Survey on shopping experience Accommodation Help users to find accommodation and help property owner Airbnb, Booking.com to be known to users Transportation Transportation of passengers Uber, Lyft Delivery of goods Some companies offer pickup service as well. Deliveroo, Uber Eats (meal), Postmaktes (groceries, meal) Household services Tasks from small (e.g. picking up cleaning) to more substantive Taskrabbit, care.com, Handy (e.g. child care, housekeeping, home improvement) 9

Principal platforms and apps Name Field Workforce Operation Uber Transportation 160,000 International Lyft Transportation 50,000 U.S. Sidecar Transportation 6000 Major U.S. Cities Handy Home Services 5000 U.S. Taskrabbit Home Services 30,000 International Care.com Home Services 6,600,000 International Postmates Delivery 10,000 U.S. Amazon Mechanical Turk Crowdwork 500,000 International Crowdflower Crowdwork 5,000,000 International Crowdsource Crowdwork 8,000,000 International Clickworker Crowdwork 700,000 International 10

What is platform? How does it function? Various functions: • Registration of customers & service providers • Matchmaking • Suggestions, recommendations • Marketplace Service/products may be requested: • To crowd anywhere in the world through an open call (crowdwork) • e.g. Translation done through Upwork • To individuals in a specific geographical Source: els-cdn.com area (location-based) • e.g. Uber 11

Impact on labour institutions Institution Impact Issues • • Is a platform an employer? Is a platform worker an Labour laws, Employment contracts relationship employee, an independent/dependent contractor? • • Unclear working hours, entitlements (sick leave, holidays, Working conditions maternity/paternity) • Income insecurity • Social protection • Social protection, OSH: Responsibilities shifted to workers Labour • OSH • How to inspect? admin • Inspection • Practical possibility of associating is reduced CAs Collective bargaining • “Human -as-a- • Workers called at a click or a tap EOs and • Representativity of these workers WOs service” Division of • Career development work and work • Unfair competition (tax, informality, sourcing of workers) programmes 12

Responses Institution Response • California Labour Commissioner recognized that a driver was an employee of Uber. Labour laws, • France – El Khomri Law (France): If the platform determines the characteristics of the contracts service, it is responsible for OSH and training. • Collective agreement between union 3F and cleaning service platform Hilfr sets minimum CAs pay, holiday pay, pension, sick pay. • IG Metall is a German union that covers, among others, crowd- and platform-based EOs and WOs workers. It offers an insurance for legal costs in cases of legal disputes with clients. • Code of Conduct on paid crowdsourcing, signed by platforms. Parties commit to inform workers relevant legal and tax regulations, pay fair wage, motivate workers with e.g. awards or training, provide clear tasks and reasonable timing, freedom to choose tasks, regulate approval process, and protect workers’ privacy. “ Ombuds office” for enforcement and dispute resolution • Fair Crowd Work: Information hub on platform work managed by unions. It collects reviews of platforms. • The Frankfurt Declaration (2016) calls for transnational cooperation among stakeholders. 13

Zero hours contracts: What is it? • Contractual arrangements centred on the absence of guaranteed hours for the worker (“no guaranteed hours contracts”) – no universal legal treatment • Based on ILO’s new statistical classification, they are casual employees (no guaranteed hours of work) • They may or may not work for other employers (exclusivity) • Benefits in light of regular workers 14

Zero hours contract: Prevalence in Europe Allowed Allowed, Not generally Not used / rare heavily allowed regulated Cyprus Germany Austria Bulgaria Finland Italy Belgium Croatia Ireland Netherlands Czech Republic Denmark Malta Slovakia Estonia Hungary Norway France Poland Sweden Ireland Romania United Kingdom Lithuania Slovenia Luxembourg Spain New Zealand (total) 15

Benefits and challenges Employers Workers  Flexible engagement of workers  Greater say over when and how Potential  Minimized costs and overheads much they work benefits  Worker availability  “Exclusivity clauses” may force Potential  Quality and productivity of them to take unwanted jobs challenges workforce (fear of losing job)  undermining of staff morale and  Income instability  Renting, loans and mortgages trust  Lack of training  Limited career development 16