20 December 2012

By Sarah Glenister, IER staff

The failure of the UK to ratify an international protocol has left British workers and trade unions in a position potentially more vulnerable than those in long-suffering Greece.

The economic situation in Greece has been one of the largest and best-publicised tragedies of the neoliberalist-born financial crisis. Pressure from international organisations has led to drastic austerity measures to be put in place in the country, severely harming the livelihoods and wellbeing of its people. In fact, the nation's treatment by the Troika - made up of officials from the International Monetary Fund (IMF), European Commission (EC) and European Central Bank (ECB) - has led to such extreme action by Greece's government to reduce public debt that two major international bodies have recently ruled some of its austerity measures illegal.

Both the International Labour Organisation (ILO) and the Council of Europe have condemned measures taken in the country that impede its population's employment rights, including barriers to collective bargaining, a reduction in the national minimum wage and laws which undermine job security.

The ILO warned that "there were a number of repeated and extensive interventions into free and voluntary collective bargaining and an important deficit of social dialogue", which was undermining the rights of workers and trade unions. "Legislation should not constitute an obstacle for collective bargaining at industry level [as it] may severely impede bargaining at [a] higher level," the ILO's report continued. "The elaboration of procedures systematically favouring decentralised bargaining of exclusionary provisions that are less favourable than the provisions at a higher level can lead to a global destabilisation of the collective bargaining machinery and of workers' and employers' organisations ,and constitutes in this regard a weakening of freedom of association and collective bargaining contrary to the principles of Conventions Nos 87 and 98."

Meanwhile, the Council of Europe's Social Rights Committee focused on the reform to "trial periods", which means workers in the country can now be dismissed without notice at any point during the first year of their contract, as well as the change in salary to two-thirds of the national minimum wage for the under-25s.

"This ruling establishes the illegality of the measures concerned which can be invoked in the national jurisdictions," President of Committee Luis Jimena Quesada stated, adding that actions in contravention of the European Social Charter should not be permitted as part of any attempt to fight the fallout of the global financial crisis.

Although the Council of Europe's decision is non-binding, it makes recommendations to the Council of Ministers, which can take action against any nation found to be breaking the promises they made under the European Social Charter.

Unfortunately, even if new protective action is taken for the workers of Greece and other European countries, British workers will be unaffected, as the UK has not ratified the relevant protocol. As the Institute has so often said, it’s time to ensure that the UK’s framework of laws better reflect those standards set by international laws and treaties.

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