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Subcontractors this means we are able to withstand

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subcontractors). This means we are able to withstand them [hauli-ers]. However, we were not able to agree on a collective agreement asgood as the old one. (…) The collective agreement constituted a trade-off, allowing the work [of parcel delivery] to stay within the AustrianPost. We really fought for this new labour regulation in order not tohave the same bad working conditions as stipulated in the van drivers’collective agreement. But all in all it is of course not as good as our oldone.’ (Works Council Member, Austrian Post)The new collective agreement was the result of hard negotiations withmanagement. At the beginning of the discussions on a new collectiveagreement, the aim of the postal union was to conclude an agreement fortheentire sectorof parcel delivery. However, employer representatives,i.e. the Federal Economic Chamber, were strictly opposed to this pro-posal. Obviously, the social partners were unable to reach agreement on
a response to the converging markets of postal services, haulage, parceldelivery and logistics that would have established a level playingfieldwith respect to labour standards.4.5 Bogus self-employment and contractors’ liabilityA major challenge for the re-regulation of the postal and parcel deliverysector is how to deal with self-employment. One positive example comesfrom the Netherlands. Up until 2008, new competitors in the Dutch let-ter market mainly used self-employed deliverers paid under piece rateswith average hourly wages of 7 Euros or less, i.e. below the nationalminimum wage, and without pension and other social security rights orhealthcare coverage. The FNV Bondgenoten trade union started a publiccampaign in 2007, publishing information on these working conditionsand attracting considerable media attention. As a consequence, the so-cial partners – with major intervention from the government – reached acompromise (set forth in a new government decree and a new collectiveagreement) after several rounds of negotiations under which new com-petitors had until the end of 2013 to convert 80% of existing contractswith deliverers into regular employee contracts. As a result of theseconversions, deliverers working for new competitors now receive wagesin line with the national minimum rates, i.e. enjoying a major wage in-crease (Van Klaveren 2013).In these two examples, unions were strong enough to put pressure onemployers, policymakers and legislators, demanding and enforcingminimum standards for workers in letter delivery. A number of coun-tries such as Belgium and Austria have legislation against circumventingemployment contracts via so-called ‘bogus’ self-employment contracts.In Belgium, for instance, very strict rules and checks are applied whenregistering as a self-employed worker with a view to uncovering bogusself-employment: people working solely for one contractor and thereforefinancially dependent on him cannot be labelled asself-employedbutare employees.

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Term
Spring
Professor
Bacharach
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