Professor Peter Turnbull Employment & Social Affairs Committee 7 th May 2015 Social Dumping in the SEAM

Transcription

1 Prfessr Peter Turnbull Emplyment & Scial Affairs Cmmittee 7 th May 2015 Scial Dumping in the SEAM

2 We cver all f Eurpe a bit like a scial disease ** * Michael O Leary, New Ecnmic Leaders Frum, Dublin 19 th April 2013

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7 A Self-Emplyed Persn in Ireland wns his r her wn business; is expsed t financial risk by having t bear the cst f making gd faulty r substandard wrk carried ut under the cntract; assumes respnsibility fr investment and management in the enterprise; has the pprtunity t prfit frm sund management in the scheduling and perfrmance f engagements and tasks; has cntrl ver what is dne, hw it is dne, when and where it is dne and whether he r she des it persnally; is free t hire ther peple, n his r her terms, t d the wrk which has been agreed t be undertaken; can prvide the same services t mre than ne persn r business at the same time; prvides the materials fr the jb; prvides equipment and machinery necessary fr the jb, ther than the small tls f the trade r equipment, which in an verall cntext wuld be an indicatr f a persn in business n their wn accunt; has a fixed place f business where materials, equipment etc. can be stred; csts and agrees a price fr the jb; prvides his r her wn insurance cver (e.g. public liability cver); and cntrls the hurs f wrk in fulfilling the jb bligatins Emplyme.aspx

8 Bgus Self-Emplyment Cde f Practice can prvide the same services t mre than ne persn r business at the same time prvide materials fr the jb prvide their wn insurance cver (e.g. public liability cver) have cntrl ver what is dne, hw it is dne, when are where it is dne and whether he r she des it persnally Brkfield Cntract cntracted directly t wrk exclusively fr Ryanair unifrm and ID card The Hirer [Ryanair] will have in place at all times and in full frce prfessinal errrs and liability insurance which will cver the cmpany representative [pilt] in relatin t the services prvided fr the Hirer. The Hirer reserves the right t change the scheduling subject t peratinal requirements. They d nt frm any part f the agreement between the Cntractr [Brkfield] and the Emplyment Cmpany [pilt].

9 Cntractual Bilerplate and Bgus Cntracts This is a Cntract fr Services (emphasis added) If the cmpany representative [pilt] cannt perfrm the Wrk the Emplyment Cmpany [the pilt s cmpany] shall prvide a substitute t perfrm the Wrk prvided that the substitute shall have the necessary expertise and qualificatins t perfrm the Wrk and is acceptable t the Cntractr [Brkfield] and the Hirer [Ryanair] (Sectin 1(c)).

10 Can Pilts Prvide a Substitute? Rster ne week s ntice Rating limited t existing pl Wrking time cmpliance with FTL Practically speaking it becmes a nn runner, particularly when Ryanair retain the right t have the final say in wh they will r wn t accept as a substitute. The final chice rests with Ryanair, NOT with the pilt! I m nt aware f any substitutes having been made r accepted in the past. In my view it s a fig leaf prvisin t give Brkfield/Ryanair an arguable psitin in a curt but in practice it s a nnstarter (IALPA rep).

11 The Danish Flexicurity Mdel Flexibility in Emplyment DECENT WORK Scial Prtectin Active Labur Market Plicies

12 Questins and Cnsideratins fr the Emplyment and Scial Affairs Cmmittee Is rule shpping - scially acceptable? - sustainable? - safe? Emplyment regulatin - macr (Eurpe s cmpetitive scial market ecnmy ) - mes (sectr-specific regulatins) - micr (prpriety and enfrcement f natinal emplyment law)