RECOVER project - Relaunching Collective Bargaining Coverage in Outsourced Services

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RECOVER Final conference – Barcelona 04-12-2018Bargaining coverage conflicts in outsourced intensive occupationsThe case of cleaning activity – Italy and FranceMarcello Pedaci – University of TeramoDevelopments of the outsourcingOutsourcing (of the activity) developed since the 1980s with a relevant increase in the 1990s and early 2000s Outsourced workers: IT 90%, FR 66% (of workers performing cleaning activities)  Female, migrant and unskilled workers over-representedMost widespread form of outsourcing: to other companies  to a cleaning company; the large majority of outsourced cleaners are employees of cleaning companiesSector of cleaning companies: growing turnover (and number of enterprises) Employees in small enterprises (<= 19 employees) 22.6% of the sectoral workforce in Italy, 11% in FranceGrowing but still limited incidence of self-employed and of platform work (es. YouGenio). Low incidence of temporary agency work (used by providers, i.e. by cleaning companies)Reasons of the outsorucingMain reason: reducing costsOther reasons: to concentrate on core functions, to access external specialisations, to shed the responsibility of the organisation of this kind of activityPublic administrations  austerity measures, decreasingfinancial resourcesStrong and increasing pressures of the «(invisible) third parties» (clients), pressures on prices  pressures on costs, in particular on labour costs (more intense in Italy)High competition (above all on costs) for contract with clients (more intense in Italy)Collective bargaining coverageIn both countries predominance of multi-employer bargaining, with industry-wide negotiations (and agreements)Relevant role of collective agreements signed by the major (most representative) sectoral workers and employers’ organisations (es. in Italy they cover about 65% of the sectoral workforce)Italy1) for all types of enterprises – CCNL Servizi di pulizia e multiservizi – employers: Confindustria, Confapi,  CNA, Casa, Legacoop, Confcooperative, Confcommercio; unions: FILCAMS-CGIL, FISASCAT-CISL, UILTRASPORTI-UIL2) craft/small enterprises (max 15 employees) – CCNL Servizi di pulizia (artigiani) –employers: Confartigianato, CNA, Casartigiani, CLAAI; unions: FILCAMS-CGIL, FISASCAT-CISL, UILTRASPORTI-UILFrance1) for all types of enterprises – Convention collective nationale des entreprises de propreté et services associés – employers: FEP; unions: FNPD-CGT, FEETS-FO, SNES CFE–CGC, Fédération des Services CFDTConflicts, gaps, etc.Employment terms and conditions set up by the cleaning sector collective agreements are often less generous than those set up (for cleaners) by collective agreements covering other sectors (es. public administrations, railways, banks, etc.)Italy Regulations of terms and conditions in some sectoral collective agreements for workers performing cleaning activitiesFranceMontly wage – workers - cleaning activitiesSectoral collective agreement Monthly wageEntreprises de propreté et services associés 1,280Manutention ferroviaire 1,510In addition, in Italy, the case of  «pirate agreements»: sectoral collective agreements signed by poorly representative employers and workers’ organisations  worse terms and conditions Mainly applied by small and craft enterprises, above all (but not only) providers of small private organisationsNew rules on public procurement – following EU directive –discourage application of pirate agreement. But rules not yet completely implemented. Moreover, they overlook private procurement.Regulations of terms and conditions in some «pirate agreements» for workers performing cleaning activitiesMoreover, in both countries higher incidence of cases of non-compliance of collective agreements and non-application of any kind of collective agreements, i.e. of companies and workers uncovered by collective bargainingAnd, in Italy, lesser diffusion of company-level collective bargaining (also in medium-large firms) Factors include…• High fragmentation of the sector, employers and employers’ organisations (in particular in Italy);• High dispersion and isolation of cleaners;• Low union workplace coverage;• Lack of extension mechanisms of collective agreements (in particular in Italy);• «Enforcement gaps» (gaps in inspections, sanctions; gaps in knowledge about rights, fear to loss the job, etc.)Social partners’ strategiesA variety of social partners strategies/initiatives. Many similarities across countries within the sectorContrast non-compliance with regulations, non application of CA, application of “bad” CA (Italy): • Campaigns (denouncing abuses, unfair behaviours, etc.)• Cooperation with public institutions with job inspection duties (inspectors)• Proposals of forms of certification (attesting the observance of regulation, the application of “good” CA)• Lobbying government to complete/strengthen regulations for outsourcing to other company (Italy)Addressing “third parties” (public procurement is a key targetsocial clauses, abandon cost as the major selection criterion)• Proposals for regulation of prices (France)• Agreements with public administrations (above all with some municipalities and regions) (Italy)Reducing the “invisibility” of cleaners (dispersed, isolated) and the enforcement gaps, increasing their voice possibilities• Campaigns (organising, public assemblies, demonstrations, media campaigns, etc.)Some conclusionsMany similarities across countries within the (cleaning) activity. Negative impact of outsourcing on collective bargaining coverage – and then on labour protections and working conditionsIn many cases outsourcing leads to a fragmentation of collective bargaining institutionsDisparities within the activity; growing situations of protection gaps and low quality jobsExisting institutions for labour protection are evolving, but their capacity to deal with CB coverage problems (and related negative consequences) appear still limited (more in Italy)Social partners strategies/initiatives play an important role, but are not sufficient to solve problemsStudy suggests the necessity of more relevant investments and more innovations with regard to strategies, approaches and practices for labour protection, also beyond the sector and/or companyRelevance of supportive institutions at national and European level able to promote, for instance, the distribution of responsibility along the value-chains, enforcement of workers’ involvement in outsourcing decisions and implementation, etc.Thanks for your attention!

Bargaining coverage conflicts in outsourced intensive occupations. The case of cleaning activity - Italy and France

https://ddd.uab.cat/pub/presentacions/2018/200919/4_Bargaining_coverage_conflicts_in_outsourced_intensive_occupations_IT-FRf.pdf

Bargaining coverage conflicts in outsourced intensive occupations. The case of cleaning activity - Italy and France

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