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Labour Migration in Hard Times 20 th November 2013 Workplace enforcement

Labour Migration in Hard Times 20 th November 2013 Workplace enforcement. Nick Clark. UK: second least regulated labour market in OECD (2008). UK: second least regulated labour market in OECD (2008). Over-represented amongst the least protected. Obligatory self-employment

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Labour Migration in Hard Times 20 th November 2013 Workplace enforcement

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  1. LabourMigration in Hard Times20th November 2013Workplace enforcement Nick Clark

  2. UK: second least regulated labour market in OECD (2008)

  3. UK: second least regulated labour market in OECD (2008)

  4. Over-represented amongst the least protected • Obligatory self-employment • Agency workers (Swedish derogation) • Domestic workers • Tied to employer by immigration regulations • Contracts deemed unlawful • Immigration rules • Undeclared work

  5. Principal forms of enforcement • Do it yourself 1: Employment Tribunals (& county courts) • Health & Safety Executive • National Minimum Wage Inspectorate • Gangmasters Licensing Authority • Insolvency Service (& RPO) • Employment Agency Standards Inspectorate • Equality & Human Rights Commission • Do it yourself 2: “organic enforcement”

  6. Organic enforcement in action RMT Eurostar cleaners Photo: Unite the Resistance

  7. Disappearing enforcement • ETs • EASI • Agricultural Wages Board • GLA • HSE

  8. Disappearing enforcement • ETs – placed out of reach through fees • EASI – absorbed into NMWI • Agricultural Wages Board • GLA – pre-licensing inspections • HSE – London Outreach project

  9. Disappearing enforcement From HSE Annual report 2011-12

  10. Enforcement a-plenty Photo: Indymedia

  11. Conclusions • by focusing on migrant groups we shine a light on the routine exploitation in certain areas of the labour market • enforcement methods are being further weakened in the names of austerity and deregulation • breaches of fundamental employment rights will go undetected and unpunished • competition at the bottom end of the labour market will become more intense • even proactive approach (like the GLA’s) cannot do more than scratch at the surface • Organic enforcement plus unions in the role of workers’ inspectors is needed

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