Workers Set To Face More Attacks

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The National Government recently announced a series of new attacks on workers across New Zealand. The raft of proposed changes to the anti-worker Employment Relations Act (ERA, brought in by the previous Labour Government in 2000) and the Holidays Act will serve to further cut job security, wages and conditions for hundreds of thousands of workers in both the public and private sectors.

What are the changes?

Perhaps the biggest change is the expansion of the 90 day fire at will scheme. Under this, any worker can be fired within the first 90 days of employment without any way to legally challenge this. When originally introduced following the 2008 election, this only applied to workers in workplaces with 19 or fewer employees (around 1/3 of the total workforce) however the proposed expansion would see it cover all workplaces. Since it was brought in, approximately 22% of workers hired under the scheme have been fired within 90 days, many given neither a reason nor a warning of what was about to occur, leaving them financially screwed.

Other articles on AIMC: Fairness at Work Rallies - 21st August | Solidarity on the radical left against the fire-at-will and the Labour Party/CTU?

A number of changes have also been proposed to the personal grievance process and the way the Employment Relations Authority works. All these changes make it harder for workers to challenge harassment, unjust firings and other problems and while making it easier for the bosses to get their way in a system that is already slanted in their favour.

We will also be pressured into working more often. The time honoured tradition of pulling a sickie is under attack (see elsewhere in this issue of Solidarity for details). Meanwhile, the 4th week of annual leave will soon be able to be exchanged (for cash), as will public holidays (for other days). National is declaring that both of these exchanges must be initiated by the employee, but in reality many workers will no doubt be pressured by their bosses into making them, especially those workers in the first 90 days of their contracts who are in constant fear of being fired! This all adds up to more work for an already overworked population.

Workers who want to join a trade union may find it much harder if the proposed changes go through. Unions will require permission from the employer before they can set foot on the property, meaning it will be especially difficult for unions to get onto sites where they don’t already have members. Additionally, companies will be able to communicate directly with workers during collective bargaining meaning yellow unions (unions run by the company) may become more common, with the associated drop in wages and conditions.

Separate from this lot of law changes but also coming up soon is a private members bill from National MP Tau Henare, which would place further restrictions on strike activity. The bill, which would force unions to hold secret ballots for all strike activity, would give bosses another avenue with which to have strikes declared illegal, at a time when workers are already heavily restricted in their choice of industrial activity by the ERA.

What can we do?

  • Talk to your workmates: Build a culture in your workplace where you all support each other when there’s an issue, even if it only effects one or two people. Collectivise problems – it’s much harder for the boss to ignore a larger number of workers.
  • Take industrial action where possible: Work to rules, go slows, taking lunch breaks at the same time, strike activity and more. As workers we produce the wealth that lines our bosses pockets – by threatening that profit we can force bosses to give into our demands. When we do engage in industrial activity, make sure it is controlled by us, not by trade unions. While unions can sometimes be useful (for legal protection, resources etc), industrial activity is our weapon, not theirs, and should be controlled by us without interference.
  • Support other workers’ struggles: We’re all in this together, and one strong workplace won’t be enough. If you hear of another workplace that’s going out on strike, and you can make the picket line, go and stand with them. If you can’t, support them in other ways - there may be a strike fund you can donate to, or even just go in when they’re not striking and let the workers know that you support them.
  • Don’t rely on the trade unions or the Labour Party: The response of the Council of Trade Unions (the umbrella body for NZ unions) to these latest attacks has been pitiful. They have announced they will distribute 20,000 copies of a “Fairness at Work” leaflet – not even enough to reach 10% of their affiliate unions’ membership, let alone the millions of ununionised workers. The Labour Party introduced the anti-worker ERA in its last term in power and has shown time and time again that it is no friend to the working class. In opposition it may encourage members to attend protests, but in Government it’ll just be more of the same.
  • This is our fight: These attacks impact on all of us who are forced to work to survive. We, the working class, must stand together and fight in our workplaces to not only protect what little we have, but to create a better future for us all. Separate we will fall, but together we have a chance to win.

 - Aotearoa Workers Solidarity Movement

Comments

.We will also be pressured

.We will also be pressured into working more often. The time honoured tradition of pulling a sickie is under attack..

People do actually get sick and need a day or two off sometimes!

For sure! However, the

For sure! However, the proposed law changes are less likely to impact on people who are genuinely sick, at least in as much as they'll still be able to take days off. They may have extra hassle of having to produce medical certificates when they previously didn't have to, but they shouldn't have any extra days at work or extra cost as compared to currently (at least in theory!)

What does it cost these days

What does it cost these days for a doctors certificate plus gas to get to the GPs premises and back? The costs will probably discourage low paid workers from taking a day off.

as well as completely

as well as completely overloading medical centres unnecessarily(for those that can afford it.) Personally I wouldn't go to the doctors unless I really needed antibiotics even if I was sick...because of both cost and knowing that most flu's/sickness normally sorts itself out in a few days.

A lot, but the proposed new

A lot, but the proposed new law states that this cost comes from the employer not the employee - ie, if the employer wants a medical certificate then they have to meet the cost of it.

the proposed new law states

the proposed new law states that this cost comes from the employer not the employee - ie, if the employer wants a medical certificate then they have to meet the cost of it.

That would probably stop alot of employers asking for it don't you think? I can remember needing one, or else being given a written warning, for having two days off and having to pay for the doctors visit myself at my last job (my current employers wouldn't ask for one..) and alot of places do this. Does this still apply or will this change to one day and paid by employer..although I wonder how many people will know that the employer is supposed to pay or be bothered with the hassle of getting it paid back anyway..and it would still over-stretch medical centres if they did.

At the moment employers can't

At the moment employers can't legally require a certificate unless you've taken 3 days off. The proposed new law would replace this.

 

I read something the other day (can't remember exact details) from some doctors (may have been a doctor's union? can't remember) saying that they wouldn't have the ability to see all the potential extra patients this law may create, so yeah, it would likely massively overstretch their capabilities.

Sick leave legistlation

Currently employers can only ask you to get a medical certificate before three consecutive days (which don't have to all be work days) if the company has a reasonable belief that you're bullshitting. I.e. If you've been sick every Saturday morning for the past 2 months they can get you to prove it. You pay for the medical cert after 3 days. The same rule applies for a dependent.

As bitchin above says, even if the boss pays for your medical certificate, you've still got to have the money to pay for it before its reimbursed.

Simon

Currently employers can only

Currently employers can only ask you to get a medical certificate before three consecutive days (which don't have to all be work days) if the company has a reasonable belief that you're bullshitting.

Or they are arseholes or you are employed casually or part-time..well at least this is what I and everyone else employed for them had to do...perhaps they had it written into the contract.

Bosses can't contact outside

Bosses can't contact outside this law.

If you don't know your rights, you ain't got 'em!

Workers went on strike to win sick leave, but you still got to fight for it everyday!

Posted on our website. This

Posted on our website. This is really good: do you have a print/flyer version? Would be good to distro it at the CHCH protest next sunday. Or I can whip one up.

Jared

Cheers :) We're working on a

Cheers :) We're working on a flyer which'll probably incorporate a good chunk of this article, but it might not be done by Sunday so if you want to layout and print this in the meantime feel free!

Protest is next Sunday (8th)

Protest is next Sunday (8th) so I'll wait, but if you can't then I'll try as well.

Bring on the National Sickie!

Jared

Ah ok, I think our flyer

Ah ok, I think our flyer should be done by then for sure.

"see elsewhere in this issue

"see elsewhere in this issue of Solidarity for details"

Just realised I left that line in, woops. To clarify, this article will be in the next issue of Solidarity (coming in the next few days), and there'll also be an article in there about sickies.

NZ working conditions

The move by this government is absolutely appalling and forcing the workers of NZ to look backward and slowly return to the "industrial dark ages"!

Having spoken with different migrants over years - here in NZ - I was astonished to learn that even in Taiwan they do these days have weeks of guaranteed sick leave entitlement per year, if a worker is really sick and can prove this.

In a country like Germany, admittedly more advanced in many areas, the sick leave is up to 6 weeks, which the employer has to pay if it is proven that the employer is genuinely sick as a permanent employee and can present a doctor's certificate!

Here in NZ it is common that only 5 "sick days" per year are ensured by law and by most employement contracts. Only some long term employees in often privileged positions tend to get more!

It was only 2 years ago that NZ workers were given 4 weeks of annual leave entitlement. Up until then it was 3 weeks only! Now this government wants to tempt workers into selling that entitlement for an extra week for some cash, which I suppose will be "negotiable".

Of course there are many countries with worse conditions than in NZ. But given the fact that our government likes to claim we are a "developed country" belonging to the "first world", I doubt whether they really mean this when bringing in the changes they are proposing!

Apart from all this NZ workers get paid substantially less for the same kind of work than workers in Australia, most European countries, yes even than in Canada and a few other countries! Living expenses are generally higher at the same time, which has caused a flood of people leaving NZ for "greener pastures" elsewhere.

All this is supposed to advance us as a nation to improve productivity and living standards! What a sick joke this is, it is actually going to do the opposite.

I know for a fact that in many so-called "developed" countries most people would never bother to raise a hand or move a limb for the kind of pay that NZ'ers get!

This country is run by an elite of business operators that hold us all at ransom and exploit us as much as they can! Prices for most goods are higher than in most countries - without one reason, that being maximising profit margins!

We have monopolies and oligopolies (the rule of a select few) dominate our society. So all this free market jargon they constantly bombard us with has no chance to work anyway. It is simply total bullshit and lies that we get served day by day.

Consequently worker's actions must be encouraged now to take a very solid and robust stand against these policies of intimidation and suppression that the National government ushers in now.

Spread the word and take action. Sadly so many around us do not even know what is going on and what is at stake!!!

Ready to print flyer on the

Ready to print flyer on the 90 Day Fire at Will Bill here: http://zinelibrary.info/90-day-fire-will-changes-employment-law-what-we-can-do-fight-them-nz