Discrimination Against Atypical Workers - Essay Example

University Atypical Workers A TERM PAPER SUBMITTED TO DEPARTMENT OF Atypical worker is an employment relationship that does not conform to the standard model involving full-time, open-ended and regular employment for a singer employer for a long duration. On the other hand, the typical workers rights provide them with a socially secure job that is characterized by full-time job with unlimited duration. They are entitled to standard working hours, regular income and social security systems that secure pension payments, protect against unemployment and ill-health. The distinction between the two, result to disintegration of standard employment relationship and bring new modes of work that involve part-time, fixed term, casual, temporary agency workers, home-workers and self-employment.1 The extent of discrimination against atypical workers majorly is expressed by the limitations of the rights and benefits accorded to them. Atypical workers are less protected with less rights and benefits. The differences are expressed in the characteristics of their employment benefits, health insurance, paid sickness leave and pensions.2 These are some of the thresholds that determine whether the atypical workers are entitled or excluded to the rights and benefits. The relative and well understood forms of atypical work include the part-time work, temporary work, self employment, seasonal work, casual work, family work, and homework. Mostly, women are always over- represented in these forms of atypical work. That means that most of discrimination from atypical forms of employment is experienced by women. There are various issues that give insights into the extent and nature of discrimination of atypical workers. They include the different types of atypical work and their different labor laws and social regulations, the formal positions of labor and social regulations and the effects of these differences between employees. Europe has seen an increase of atypical forms of work including temporary or agency, part-time, posted, contracted-out, dependent, undocumented work and self-employment which has challenged the trade unions. The atypical majorly has been seen to greatly increase among younger workers and women. The incidences of these different types of atypical work vary considerably and so are the challenges faced by trade unions. Specifically part-time employment varies markedly across European countries. The level of security in most cases depends on national institutional context. The rise of the atypical forms of works has thus called on trade unions to implement changes in their policies, strategies and structures to challenge their traditional thinking and organizing. Trade unions have made great progress in order to address the concerns of the rights of atypical workers. European legislation also pushes for substantial changes of trade unions structures, thinking and operation to respond to the challenges of the growing atypical work.3 European legislations are meant to solve and reduce the extent of discrimination. However, legislations realize that some differences and distinctions in treatment that occur may not be considered as discrimination. First, the proportional difference expressed by lesser wage in accordance to lesser hours of work such as the part time work is considered a principle and not discriminatory. The second is the threshold differences where a person enjoys benefits after working for certain duration. Thirdly, the ‘false’ equality such as equal rights of safe workplace is not a privilege for teleworker and home worker.4 These are exempted from non-discrimination principle. The aspects that are the basis for discrimination are expressed in legal definitions, differences in application of rights and other gender, racial, and age considerations. These are the areas that European legislations considers in order to improve the atypical workers rights. Equality does not mean the same benefits but it sets a limit to the extent of differences between typical and atypical employees. European legislation influences the rights of atypical workers in some dimensions. Most significantly is the definition of different types of atypical work that determined how employees are accorded benefits, rights and privileges.5 The legislation also influences the European Members States to achieve relatively common rights to facilitate a reduction of the extent of discrimination. This particularly influences the rights of trans-border workers rights and other third world national employees. Apart from influencing the national levels regulations, other levels such as sectors and different organizations are influenced. Standards that are applied are therefore to consider all the employees, to give relative rights to each depending on their differences. Rights cannot therefore be denied to a group of workers on the basis of being grouped as atypical workers. European legislation on the rights of atypical workers specifically focuses on labor regulation and social protection regulation. The extent of differences and distinctions that bring discrimination lies in the working arrangement as a position that European legislation takes. Legislation as an important step, improves the rights of atypical workers in treatment by regulating an array of common phenomena of dismissal, termination payments, paid holidays, salaries, payment continuation in case of illness, training and education, working hours, health and safety and maternity or paternity leave.6 In relation to social protection regulation, legislation majorly influences unemployment benefit, health, casts insurance and pensions. The legislation on labor and social regulation improved special considerations of atypical workers rights in different countries, enhanced comparisons between nations and sectors for continuous improvement. Most significantly, the European legislation improves the rights of atypical workers by working on variations among Members States. Differences in treatment are expressed according to the extent of enforcement and regulations mechanism employed by different Members States. Lack of collective agreement among Members States and sectors continues discrimination and this is what the European legislation encounter to resolve.7 Comparative national reports showing the differences are used to determine the members that need more national regulations improvements and enforcement. The terms of close connected temporary work, casual work and seasonal work are differentially defined and regulated in different Members States. Such differences can be seen in lack of statutory definition of part-time work in Denmark, Belgium and Netherlands and UK which is not the case with other Members States. Part-time workers have large threshold conditions in these different Member States. This particularly is expressed in dismissal protection, payment continuation in case of illness, paid holidays, employment benefits, health cost insurance and maternity leave. In places where workers encounter forced work or over-work it can be considered an infringement on their rights and private life depending on provisions of legislation. The European legislation therefore, influences the definition in order to reduce the differences that are the basis and extend discrimination. In those countries where there is no regulation over fixed term contracts, temporary workers face less legally protection from labor and social regulations. Most of these differences among the Member states come from the different national regulations and national basis collective agreements.8 European legislation is based on collective agreements which influence the case and thus, contract workers may in those countries enjoy the same rights as other permanent workers. Atypical workers are now protected from illegal contracts given on temporary basis. This is because legislation removes the pervasiveness of organization governance policies by overseeing and regulating them. Manipulation and discrimination may endure since most atypical workers may not form common organizations that help then influence policies to promote their rights. However legislation influence labor laws and social regulations promoting enforcement that leads to application of employees’ rights. European legislations influence the legal categorization of atypical work.9 Not all atypical work have their own and specific legal recognition and definition in all EU Members States. Consequentially, the people performing certain atypical work may be considered as normal employee, another category of atypical worker or not a worker in the eyes of the law. Legal categorization can be the basis of giving or denying atypical workers rights. If such categorizations are ambiguous and overlapping, it is impossible to determine discrimination and enforce regulations. The European Social Partners agreements on fixed term and part-time contracts are meant to improve Member States law since some of them do not have distinction in employment law. Legislation has prevented and combated undeclared work and therefore improving the cross-border situations. This is particularly between full-time and part-time employees, and permanent and temporary employees. Many part-time and temporary employees are excluded from employment law protections. This is because of requirement that an employee has to work for certain amount of time before they qualify for various rights. The duration of work is not clearly specified in terms of weeks or months an employee can work before they are entitled to some rights. This lead to discrimination and thus, the European social partners try to eliminate discrimination by reaching an agreement on the atypical work. The agreement led to removal of discrimination set against some atypical workers and improved the quality of atypical work. It also facilitated the development of voluntary part-time work and flexible organization of working time to care for both employees and employers. European legislation has led to promotion, development, and implementation of training and life-long learning that ensure atypical workers with greater employment security in the work life cycle.10 Lack of job security, lower skills levels and difficulties of casual workers in organizing themselves contribute to their inferiority compared to permanent employees. It is an important consideration influenced by European legislation. European legislation solves this by making the workers experience more security and develop their skills by being incorporated in organizational learning system. When workers are developed, they increase skills and knowledge helping them to grow in other more secure forms of employment. Organizational development has to include all workers by increasing internal consultancy and giving them a right to participate in workshops, seminars and external forums. European legislation greatly influenced the rights of women. Women are over represented in the forms of atypical work. The situation is therefore seen as discrimination against women. The gender differences are expressed as discrimination against women.11 Improving the rights of women is a critical for ensuring gender rights. Women employees therefore can enjoy more rights and continue to work in these forms of atypical work. Atypical workers in EU had less rights and benefits and were thus less protected. Most significantly, the European legislation relating to workers has increased the rights and benefits of atypical workers and therefore of women. This is meant to reduce the gap between the typical and atypical workers rights. The increased benefits covers occupational health and safety, migrant workers’ rights, increased dialogue with management and labor, promotion of information and workers consultation. Other maladies solved are the extreme gender equality, discrimination and challenges of third countries national workers. European legislation on atypical work has taken some directions to influence the workers’ rights. Employment and subordination criterion which had been used as the instrument for distinctions of workers has been resolved. The EU legislation tries to reach an overarching and formulate a legal concept of atypical workers. This was particularly to modernize labor laws among the nations and labor sectors. There has been a reduction of an increased proportion of atypical contracts that has strong intergenerational and gender dimension including women, younger and older workers who are disproportionately represented. The focus on working time was used to exclude some workers from considerations in questionable labor laws. However, workers that have different time schedules of working according to European legislations are to be considered in such labor standards. Even though not all benefit from those labor standards, it is expected that different working schedules demand different needs and thus different standards are also applicable. The equality law gives atypical workers the right to equal treatment. This is regardless of their sex, age, race and characteristics like disability. It is a requirement for workers to be equally treated regardless of employment duration, working hours, nature of employment relationship and place of work. Social protection rules and labor laws have interacted in support of an effective employment transitions. Atypical workers experience different treatment when they need the information on available opportunities. Legislations have influenced the elimination and exclusion of workers on such considerations. The established legal category formulates a new concept of worker whose rights are promoted by the employer. The agreement on atypical work was enacted to provide the removal of discrimination in all types of atypical work.12 It also improves the quality of atypical work in different nations and sectors. The legislation facilitates the development of atypical work on voluntary basis and contributes to flexible organization of the working time that the needs of workers and employers are taken account of. The scope of the clauses covers the rights of atypical workers with an employment contract or relationship which is defined by the law. Opportunities for atypical workers increases as employers review and identify obstacles that may limit atypical workers opportunities where appropriate and then eliminate them accordingly. The rights of workers to refuse a transfer from part-time to full-time and vice versa is guarded as it should not be used as a valid reason for employment termination. Employers are encouraged to give consideration for employees who applies for full-time to part-time if such opportunity arises. This has to be facilitated by provision of timely information on available positions to enable the transfer. When legislation are applied a continuous improvements of rights of atypical workers can be ensured and assured. References Blansch, K. et al, ‘Atypical Work in the EU’ European Parliament, Luxembourg, 1999, pp.1-166. Eurofound, ‘Atypical work’ 07 December, 2009, Retrieved, 01 November, 2012. http://www.eurofound.europa.eu Heejung, C. and Oorschot, V. O. ‘Employment insecurity of European individuals during the financial crisis. A multi-level approach’, Social Science Research Network, no. REC-WP 14/2010.  Inge,B., Bruijn, J. and Bussemaker,J. ‘European social citizenship and gender: the part-time work directive’, European Journal of Industrial Relations 10, no. 3 , 2004,pp. 309-328. Mark, J. ‘Not Really Going to Work? Of the Directive on Part-time Work,‘Atypical Work’and Attempts to Regulate it’, Industrial Law Journal 27, no. 3, 1998,pp. 193-213. National Association Of Social Workers, ‘Social Work: Journal of the National Association of Social Workers’, Social Work 48, no. 3. 2003. Rebecca, G. ‘European trade unions and “ atypical ” workers’, Industrial Relations Journal 42, no. 3:, 2011, pp.293-310.  Wim, V. O. and Finsveen, E. ‘The Welfare State and Social Capital Inequality’, European Societies 11, no. 2:, 2009,pp.189-210.  Wim,V. O. ‘Balancing work and welfare: activation and flexicurity policies in The Netherlands, 1980-2000’, International Journal of Social Welfare 13, no. 1:, 2004, pp. 15-27. Read More