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Social Dialogue and collective bargaining to promote decent work for the transition from informal to formal economy 1.

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Presentation on theme: "Social Dialogue and collective bargaining to promote decent work for the transition from informal to formal economy 1."— Presentation transcript:

1 Social Dialogue and collective bargaining to promote decent work for the transition from informal to formal economy 1

2 Key components for an effective Social Dialogue. 1.An enabling environment for social partners to dialogue. 2.Different levels of effective social dialogue: National, Sectorial, local and economic unit. 3.Address effectively main issues related to promote decent work in the Informal Economy Key components for an effective Social Dialogue. 1.An enabling environment for social partners to dialogue. 2.Different levels of effective social dialogue: National, Sectorial, local and economic unit. 3.Address effectively main issues related to promote decent work in the Informal Economy 2

3 3  “ Without organization and representation, informal workers are not able to pursue their employment interests through collective bargaining, or to lobby on issues such as recognition, access to infrastructure, property rights, taxation and social security.” International Labour Conference Resolution (2002) on decent work and the informal economy

4 4 an effective Social Dialogue…

5 5 main issues of the social dialogue…

6 6

7  Workers organizations should be able to participate in social dialogue at all levels, at national level in close joint work with national trade unions confederation as well as with sectorial federations in order to protect workers’ rights. 7

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9 Some levels of social dialogue…  1. Negotiation with national government areas. It applies to health and safety policies in the workplace, social security, credit support and training.  2. Negotiation with the Municipal Government for regulating the use of public spaces. It applies to travelling vendors or semi-fixed in squares, streets and markets. It refers to agreements between organizations of own account workers and local / municipal governments, including authorities of the public markets. Often, the agreements are occasional, as a means of solving previous conflicts with organizations of own account workers, which can lead to a more permanent format. One result may be the relocation of the own account workers and the trade union has negotiated on the procedures adopted. Sometimes these negotiations become permanent, every certain period. A common scenario of these agreements is the emergence of a local government policy through a process of modernization, including prominently the use of public space.  3. Negotiation with “private organizations”. Includes cases such as construction, tourism, newspaper delivery, taxis, lottery vendors. 9

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11 1. Negotiation with national government areas. It applies to health and safety policies in the workplace, social security, credit support and training.  In Brazil, UGT achieved in 2014 (after negotiations for two years with the government), modification of “Law/Portaria Nº2159,” which granted Trade Union Certificates for the Fishermen colonies of Brazil, and the legalization of 300 colonies of fishermen workers affiliated to the UGT. UGT also validated achieving the contribution of the Fisherman to the Confederation.   In Brazil, SINDIMEI (affiliated to the UGT) participates in the Bank dos Povos, with the status of civil organization of public interest. This experience of the government of the city of San Pablo later was extended to the whole country, which develops the Program on Popular and Solidary Credit with the participation of Banco Santander. As part of this action, those who have access to credit were required to use fiscal notes at the time of sale of goods. Interest rates are the lowest in the market and are determined in each case, with group participation. The default rate is minimal.  In Brazil, UGT has obtained in 2012 the incorporation of artisanal fishermen to PRONAF (National Program for Strengthening Family Agriculture) (1996) which provides loans at low interest rates for production, infrastructure and training 11

12  In Paraguay, UNAPESCA (affiliated to the CNT) promotes the recording of artisanal fishermen to SEAM (Ministry of Environment), for a subsidy during the closure period of three months per year. The trade union assures that the funds available when the rivers are closed, preventing the movement of ships. They have also discussed procedures on preserved fishing. On these issues, a dialogue is maintained with the SEAM and the Paraguay-Brazil Joint Commission.  In Uruguay, UCRUS (affiliated to the PIT-CNT) has permanent relations with the National Environment Direction and with the National Agency for Housing and Environment, regarding the obligations undertaken by the organization in the environmental field, and participation in a state project on selective collection and sorting of waste at source, in which some members will work as salaried employees. UCRUS also collaborates with the National Association of Equestrian Rehabilitation, with whom engages in caring for people with disabilities through equine therapy (complementary technique rehabilitation horses). 12

13  In Venezuela, FUTRAND (affiliated to the CTV) and ASOTRACEN (affiliated to ASI), with the support of the Ministry of Popular Power for the People's Economy, created the System of Communal Economy, which included lending, training to create a micro- enterprise, cooperative or unit of social production, consistent with the need of the area and in order to establish a real economic unit.  In Chile, SINTRALOC (affiliated to the CUT) obtained in 2009 a regulation for travelling vendors (groceries or crafts) in vehicles of urban passenger transport), which involves registering in the Internal Revenue Service. The applicable tax system is different for these categories of taxpayers: first, those who develop "artistic activities" in vehicles of urban passenger transport, as they don’t perceive a price or remuneration but a gratuity or gift, no tax obligations, except to obtain patent or municipal permit. In the case of the travelling vendors of groceries are considered small contributors and are subject to various obligations relating to taxation. 13

14  In Honduras, FOTTSIEH (affiliated to CUTH), between 2006 and 2009 promoted and obtained an important Program to Support Informal Economy with a line of promotional credits, Citizen Housing Program and Cooperative Credit (PROVICCSOL) under which obtained an area from the Municipality of San Pedro Sula, to relocate street vendors, affiliated to nine organizations. They also promote a National Roundtable on Informal Economy with the representation of the National Parliamentary. Eight working groups were formed: Specific requirements or street vendors or fixed vendors on public roads; markets; Specific requirements of own account workers in the Footwear Industry; Apparel Industry; Craft Services; Elderly and Children Care; Specific requirements on Public Safety; They got the completion of three projects of Popular Places.  In Nicaragua, the CTCP (affiliated to FNT)is member of the National Council for Economic and Social Planning and the National Commission for the Eradication and Labor Protection Children. The TU maintains a literacy program with special methodology "Yes I Can“ and included a Formal Education Program, with support from the National Agricultural University (UNA) and the National Autonomous University of Nicaragua (UNITE).  14

15 2. Collective agreements with Municipal Government for regulating the use of public spaces  In Panama, the SINBUTIS, member of the CTRP has a tradition of fifteen years (since 1999) on agreements with the Municipality of the capital city, based on the Constitution, including the issue of retail. The regulation applies to the construction of kiosks, and operating permission. The trade union has been the counterpart of regulation with the power to appoint a body of guards responsible for ensuring effective compliance. Since a few years earlier had created the Committee on Issues Related to the Informal Economy (CAREI).  In Argentina, SIVARA (affiliated to CGTRA) in 2003 has negotiated a law for the City of Buenos Aires that unifies various sections of code ratings for application to the fixed street vendors. In 2013 formalized another agreement on street vendors of goodies "hot dogs" and "choripanes" in the "Costanera" where the municipality covers the total cost of new posts. The following year the same target for flower street vendors was reached. 15

16  In Dominican Republic, (CASC, CNTD, CNUS) have obtained agreements or work commitments "comparable to collective bargaining with public authorities in the port and tourism sectors.  In Uruguay, UCRUS (affiliated to the PIT-CNT) has developed negotiations with the Municipality of Montevideo, gaining recognition for their role in cleaning policies of the cities, including environmental issues. The transfer of an area of 3000 square meters, was also obtained for sorting garbage deposited there by some of the trucks responsible for cleaning the city and this place is the UCRUS headquarters. In this place the trade union organization have improve the working conditions. Currently operates a radio and social activities for children are performed. An agreement was obtained by engaging workers by compliance with environmental standards and transit, in exchange for granting a license as a classifier of solid waste, and a plate for the identification of the carriage. Given the non-compliance with the rules agreed in environmental material, the Administration makes observations for three times and when the offense is serious, permission was finally retained. 16

17  In Colombia, the UGT (affiliated to the CUT) with the action of the Local Committees of Street Vendors achieved the participation on the board of the Institute for Social Economy in Bogotà for several years.  In Mexico, street vendors in travelling markets called “Tianguis” are members of the CROM and they participate in the administration of Tianguis of San Martin Texmelucan(Puebla), one of the largest in Latin America, with more than 30,000 own account workers. “Tianguistas” organizations negotiated with the local government a program for restructuring in 1994, reaching an agreement that assigned a space by blocks. Each organization distributes street vendors establishing a schedule entry and distributed them by type of merchandises. Charging for the use of land is done by the local government. The trade union collects dues by delegates. The trade union organizations are required to provide to own account workers who represent the most necessary services. 17

18  In Brazil, the SINDIMEI (affiliated to UGT), has succeeded in creating "popular shopping" in public spaces of the city of San Pablo, which are managed collectively with their own resources. Another way of formalization, in other cities, is the self-generation of programs on sales of products manufactured in fairs agreed with municipal authorities, giving the trade union accounting and management support.  In Peru, the FETRAMAPP (affiliated to the CUT) has achieved agreements with the Wholesale Market in the City of Lima under the administration of the local government. The Market initially try to impose that the private seller entering to work with their own stevedores, not letting operate to the trade union. FETTRAMAP created a Defense Committee of Stevedores of the Great Market, and developed negotiations that culminated in the signing of a Memorandum of Understanding that consolidated to the trade unions to continue operating in the market through legal recognition, with labor regulations respecting the rights of the stevedores, with accreditation to operate, the right to have a concrete local for the organization, and to transform gradually the stowage with new machining equipment (forklifts, trucks and vans motorcycles).  18

19  In Honduras, the FESITRAH (affiliated to the CTH) has reached agreements: with the National Railway to give stability to own account workers linked with the train station, in the center of San Pedro Sula; with the Municipality of San Pedro the trade union signed an collective agreement for stability of street vendors in public spaces while not worthy markets are built; With the Municipality of Villanueva Cortes signed a collective agreement to relocate street vendors.  In Guatemala, the FESTRI (affiliated to the CGTC) has reached agreements with the government of the City for the relocation of street vendors in good condition in Santa Lucia Cotzumalguapa, Escuintla, 110 kilometers from Guatemala City, after strong confrontations. Currently the trade union organization tries to make a general proposal to the National Association of Municipal Mayors (ANAM. Also in this country, FENTRAVIG has achieved many accomplishments in the field of negotiation with the authorities. In particular, the grant in 2008 of a property to rent (called Square Amate) for the benefit of 500 members,  In Dominican Republic, the FENATREICA (affiliated to the CNUS) is promoting a new national law(2013) to regulate and recognize the street vendors, on a basis of several pilot plans in other cities. 19

20  In Honduras, FOTTSIEH (affiliated to CUTH) has signed collective agreements with the municipal government (involving the national government) on: the construction and opening of three popular places in San Pedro Sula; the availability of land for ten blocks for the construction of a new market; the return of artisanal sand workers of Santa Rita to their workspace near the rivers. The Federation also reached agreements with the municipalities to install markets and production projects. In San Pedro Sula was located 5000 vendors by this way.  In Guatemala, FENTRAVOG obtained some authorizations to occupy a field to build a market, including their respective basic services. Other agreement was signed to stay around another market, transforming the look of it, spending and paying the trade union for this market improvement  In Nicaragua, CTCP (affiliated to FNT) has signed agreements with the government of Managua City to establish working mechanisms and participation in decision-making at the Municipal Landfill in the City of Managua, with the participation of organized recyclers workers. The trade union organization collaborated with the 1800 own account workers of the “Mercadito”(located in the Industrial Free Zone Las Mercedes) to improve working conditions, health and public safety,  20

21 3. Negotiation with “private organizations linked”.  In Peru, the FETRAMAPP achieved several biennial or triennial conventions on tariffs for the stevedores, Including activities outside of the public markets, because sometimes individual private carriers go directly to the markets and requested for individual stevedores) and finally after long work weeks end with agreeing with a fee or salary for the stowage work (ultimately achieved in the Wholesale Market Gran Lima). Also, one of their organizations. Stevedores Trade Union of Corn (one of the main food in Peru), has completed two Collective Agreements (since 2009) with the private association of wholesalers of that product, having complied with the procedure of the law of Industrial Relations of Peru, including the participation of Ministry of Labor and its formal registration.  In Argentina, SIVARA has reached agreements with the private sector (in the Province of Córdoba) involved in a relationship with the own account workers in music festivals and food where food kiosks are installed. The strategy is promote the recognition of the own account workers organizations by the different private chambers linked with this publics festivals in the cities. With this agreements SIVARA becomes the counterpart of a negotiation that recognizes the presence of own account workers in joint activities, including salaried workers. For the trade union, in all cases the workers should be registered in the social system. 21

22 Social Security In Mexico (1988), the FOTNA (affiliated to CROC) reached an agreement signed with the Social Security Mexican Institute for the incorporation of non-salaried workers to Social Security. By this agreement, the Federation was responsible to register the workers to the Institute in order to incorporate them into the system. The CROC make the payments directly for the members of the Federation and as reference was taken into account the minimum wage. This approach has been renovated (in 2013), with the agreement between the CROC and Ministry of Labour and Social Welfare, under the Formalization Programme launched by the government and with the universal floor of social protection and social security contained in the National Development Plan 2013-2018. ILO has been witness of honor of this agreement. The agreement promotes the voluntary affiliation of own account workers to the Mexican Social Security Institute, through working groups at federal level of the country. 22 Experiences on Social Security and Health and Safety at Work. 1.-In several countries in the region, the social security system include the own account work and promotes the participation of representative organizations in the subsystem as intermediaries.

23  In Dominican Republic, in 2004 under the social security system the CASC established AMUSSOL (Mutual of Solidarity Services Association), as an "virtual employer" to represent the own account workers in the treasury of social security, prepare the registrations forms and make payment of contributions for the contributory scheme. In 2013, represents nearly 14000 members affiliates, although total coverage reaches 28 000, including their family dependents.  In Dominican Republic, this approach has also been applied since 2011 to the domestic workers, after the creation of the SINTRADOMES (Trade Union of Domestic Workers), which in 2013 has nearly 3,000 affiliates  In Dominican Republic, in 2013 AMUSSOL has extended its coverage by signing an agreement with the Social Cabinet of the President to facilitate enrollment in social security system of 3800 gown account workers of the grocery stores that sell their products in the slums of the country as part of a program for people who live in slums, beneficiaries of conditional transfer program. 23

24 In Uruguay, the PIT-CNT has held since 1992 the Team of Worker Representation (ERT) in the Social Security Bank (BPS), which allowed the adoption in 2001 of the single tax regime subsequently expanded in 2007 and 2011. Additionally, the ERT promoted the creation of PIVCU (Inter Union Street Venders Plenary in Uruguay) composed by non trade union organizations to incorporate these own account workers to the scheme of the Monotributo. In Argentina, the TU organizations are direct protagonist of the Trade Union Social System (Obras Sociales), established in 1969. In this system the trade unions have the responsibility of its management, in partnership with private entities providers, focusing on coverage for health emergencies, for which receive the contribution of the workers and employers. In this context, the trade unions open the system to the own account workers in the same sector of activity works. In 2000, the Trade Union Social System (Obras Sociales) became linked to the single tax regime (similar to the Monotributo in Uruguay) as to the benefits of health- In this context, the Trade Union Social System were authorized to receive contributions of own account workers of any sector to obtain the right to use these services, with a basic level of benefits. 24

25 In Peru,  FETRRAMAP (affiliated to the CUT), which represents the own account workers who work as terrestrial stevedores and carriers in markets, has developed a comprehensive strategy to obtain measures of health and safety at work, by creating a Multisectoral Commission responsible for studying, analyzing and drafting a law, which was finally passed in 1989, focused on the right of these workers to be beneficiaries of social security.  The law defines that multiple employers must take responsibility for health and social security, vacation and compensation for length of service. Simultaneously the Federation promote with the Ministry of Agriculture, in order to regulate and reduce excessive weights (120-140 kilograms) of the packaging of perishable agricultural products, according to the ILO Convention 127 which considers 50 kilograms as the maximum weight to be carried by a worker. As a result, the Executive approved a regulation that year. 25

26  In 2003, FETRRAMAP promote with the National Centre for Occupational Health of the Ministry of Health conduct three researches on occupational health, ergonomics, psychology and medical evaluations applied to various groups of stevedores in Lima, Cusco and Huancayo. With these researches was possible to influence the Ministery and in 2005  In 2005, was officially constituted a Multisectoral Technical Committee to study and propose a regulatory Act of excessive weight, packaging and working conditions of the stevedores. This committee included representatives from the Ministries of Labour, Health, and Agriculture and INDECOPI, the Municipality of Lima, CUT, FETTRAMAP and wholesalers. concluding with a legislative proposal.  In 2007, a law was passed and also the ratification of ILO Convention 127 was also achieved. The Law establishes a maximum weight of 25 kilograms and limit load of 50 kilograms for the men, reduced to 12.5 and 20 kilograms. for women, prohibition of working for the children and adolescents (under 16) applies to activities of production, transportation and marketing of the national agro-production chain. Agricultural products should be properly loaded manually selected, graded and packed. The producers, traders, carrier or vehicle driver loaded agricultural products to the wholesale will be responsible for designing promotional strategies and supervision of safety and health at work of terrestrial stevedores and manual carriers of agricultural products. 26

27 In Dominican Republic, the CASC created in 1998 the "safe traveler" consisting of health insurance and survivors at accidents for transport workers, some of whom were own accounts workers, applied to the period of his workday or outside of it. Subsequently, the AMUSSOL also created the Plan "Vive Tranquilo" funeral service, which has three million members. In Nicaragua, the CTCP (Confederation of Own Account Workers) affiliated to the UNT (National Workers Union) has created a place of social selling of medicines, benefiting more than six thousand workers and they are planning to have a Mutual Training Center equipped for training activities with the affiliates and provide them with methodological tools that promote the affiliation of the own account workers in the mutual system of workers excluded from social security. This program includes specialized medical care, laboratory tests, high quality generic drugs and training on disease prevention and funeral services. In Venezuela, the ASOTRACEN, (affiliated to the ASI) has adopted the approach of "trade unions to promote services to the affiliates" creating the Center for Comprehensive Care for Workers in the Informal Economy (CEDITEI) as "social arm". In addition to legal advice and sale of food at low cost, makes vaccinations, dental attends counseling and testing from his own laboratory. 27

28 Thank you 28


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