Precarious employment, Tax justice, Privatisation, Switzerland, Norway

(March 2017 ) The vpod public services union has a special network set up four years ago campaigning for better protection for migrant care workers. The union argues that the federal government is well aware of the level of exploitation of this group of workers but has failed to take any measures to regulate this area of work. Recent press reports have highlighted the situation facing care workers and the lack of legal protection.

The Fagforbundet public services union has criticised private childcare companies for making excessive profits at the expense of the children and childcare workers. Private operators tend to employ fewer workers than municipal childcare providers, with employees often on lower pay rates and with poorer pension entitlement. The union welcomes the fact that a new law in effect on 1 August will require one childcare worker per three children aged 0-3 and one for every six children aged 3-5. Fagforbundet's priorities are now to get changes to the financing system for private childcare, win better

The Fagforbundet trade union has reported the Aleris Ungplan and Boi private care company to the authorities for possible breaches of labour, health and safety, tax and even criminal law. The union has taken up cases for a number of workers who have been denied their rights on pay, sick pay and pensions and forced to work excessive hours. The cases mainly involve workers who were taken on as "consultants" rather than employees so that the company could avoid paying pension, sickness and other costs. The company is a subsidiary of a major private sector health and social care provider, Aleris

More workers have come forward to join legal action against the Aleris care company following revelations about employment and working conditions made earlier this month (see epsucob@NEWS 16). Public service union Fagforbundet says that the company is avoiding its social, employment and tax obligations by taking workers on as self-employed "consultants" rather than employees. The union has taken this up with the authorities and a further eight workers have joined the 17 who were already involved in legal action. Some of these workers have been summarily dismissed or are given excessive hours

The Fagforbundet public service union has revealed figures showing that care workers in the private sector in Oslo are between EUR 7000 and EUR 8700 worse off than those in the public sector. A starting salary for a graduate care worker in the public sector is NOK 367000 (EUR 38500), NOK 84000 more than the same worker in the private sector. Those on minimum wages in the sector are EUR 7000 better off if employed by the municipality. Fagforbundet also says that private sector workers are more likely to face heavier workloads as a result of understaffing. Fourteen of the 40 care homes in Oslo

On 20 November the government announced compulsory arbitration to end a dispute between the NSF nurses' union and the NHO private employers' organisation. The union had called a strategic strike of 55 nurses on 25 October to protest against the NHO agreement having lower minimum pay and sickness benefit rates compared to the agreement negotiated with municipal employers. NSF has found examples of nurses' annual salaries in NHO employers that are NOK 30000-100000 (EUR 3200-10000) lower than in the public sector. After three weeks of strike action the NHO imposed a lockout on all 501 NSF members

The Oslo District Court has rejected the attempt by the Aleris multinational care company to use European law to prevent workers claiming their rightful status as employees. Thirty-seven workers, supported by the Fagforbundet trade union, have launched legal proceedings against the company which has denied them employment rights by classifying them as consultants rather than employees (see epsucob@NEWS 16 and 17, 2018). The trade union accuses the company of trying to intimidate individual workers and employing teams of highly-paid lawyers to try to block their claims in the court. A case

The Fagforbundet public services union reports that its legal action against the Aleris social care multinational began on 14 January. The union brought the action on behalf of workers who argue that they are employees of the company and not "consultants" as claimed by Aleris. As self-employed consultants they have far fewer rights and Aleris was able to exploit them, for example, by giving them excessively long shifts. Fagforbundet sees the case as a key challenge to social dumping, highlighting the negative impact not just on the workers but also the quality of service to groups of very

The Fagforbundet public service union is continuing to pursue legal action against the Aleris care company which it believes has major implications for labour rights in Norway. The company is being challenged over using self-employed workers that it calls "consultants" rather than directly employing care staff. The "consultants" have no employment rights and have been forced to work long hours of overtime, including up to 72 hours without a break, for fear of being denied work. They have no sickness or pension benefit or protection against dismissal. Aleris Care is now part of the Ambea group

Public service unions, including Fagborbundet and the nurses' union, are hopeful that 11 privatised care homes in Oslo will be back under municipal control in the next two years as their contracts come to an end. The red/green coalition on the city council has given positive signs but the unions are concerned it may use an option to extend contracts by one or two years. The unions argue that any delay will be costly to the workers. They give the example of a care home in Uranienburg which was privatised in 2013 and then remunicipalised but workers in the home had lost out with annual salaries

Seven care workers, supported by the Fagforbundet public services union, have won a significant court case that rules they were wrongly classified as self-employed and so were denied the rights of employees. The workers took the case against the Baos private care company and their claim covers the wide range of benefits and rights that they should have been entitled to under the Work Environment Act. These cover paid holidays, overtime pay, working time, sick pay, pensions and other issues. The ruling means the company will have to pay the seven workers around NOK 5.5m (EUR 560000) to

The vpod/ssp public services union, as part of the Health Alliance campaign, has called on the Federal Council to refrain from any watering down of labour legislation and to provide comprehensive protection for health personnel, including special measures for pregnant women and other vulnerable people. The Alliance is also calling for massive financial investment in working conditions, a corona premium for all health workers and action to address structural deficiencies in the healthcare system and tackle precarious work in the sector. vpod/ssp (DE) vpod/ssp (FR)