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Romania | Self-​employed workers victims of anti-​union law

FAIR-Mediasind logoHow far will Romania go with its anti-​union pol­i­cy? The ques­tion is asked as the Romanian Parliament has just adopt­ed, on November 16, 2023, a law reserv­ing for asso­ci­a­tions (not unions) the right to con­clude col­lec­tive agree­ments for self-​employed workers.

Until 2022, the law did not allow inde­pen­dent work­ers to be rep­re­sent­ed col­lec­tive­ly to defend their pro­fes­sion­al inter­ests. Faced with pres­sure exert­ed in par­tic­u­lar by the European Commission, the Romanian gov­ern­ment was forced to reverse this clear vio­la­tion of the right to free­dom of association.

This same gov­ern­ment then rushed to issue an order spec­i­fy­ing the nature of the organ­i­sa­tions engaged in social dia­logue on behalf of the self-​employed. […]
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An analysis of orchestral workers’ challenges, by Heather Kurzbauer

Heather Kurzbauer's bookEmployment and Vulnerabilities in the World of Orchestral Musicians is a pro­found­ly knowl­edge­able and provoca­tive book penned by a ver­sa­tile schol­ar who com­bines the roles of law pro­fes­sor, music jour­nal­ist, and orches­tral vio­lin­ist. It presents the first major legal study to focus on labor rela­tions and the insti­tu­tion­al dynam­ics at play with­in orchestras.

The state sub­si­dies and phil­an­thropy that tra­di­tion­al­ly allowed orches­tras to flour­ish have great­ly dimin­ished due to recent finan­cial crises and the COVID-​19 pan­dem­ic. As in oth­er fields affect­ed by the pre­car­i­ous labor arrange­ments preva­lent in the world of work today, the employ­ees and free­lancers — in this case, the musi­cians them­selves — suf­fer the most. […]
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EU | Union representation for freelances

FIM delegation at Madrid conferenceOn the 8 and 9 June 2023 the final con­fer­ence was held in Madrid for the European project (car­ried out by FIM, FIA, UNI-​MEI and EFJ) relat­ing to union organ­i­sa­tion and col­lec­tive bar­gain­ing for free­lances in the per­form­ing arts and media sec­tors. Hosted by Spanish cen­tral trades union bod­ies CC.OO. and UGT, the con­fer­ence was pre­ced­ed on 7 June by the final meet­ing of a legal work­ing group, bring­ing togeth­er, around the four fed­er­a­tions, uni­ver­si­ty aca­d­e­mics, researchers and lawyers spe­cial­is­ing in labour law and com­pe­ti­tion law.

The project is based on three pillars:

1. Union organ­i­sa­tion. Training activ­i­ties were pro­vid­ed by spe­cial­ists Becky Wright and Tara O’Dowd, in col­lab­o­ra­tion with mem­ber unions of the four fed­er­a­tions. […]
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EU | Initiatives in favour of self-​employed workers

EU Commission logo

On 9 December 2021, the European Commission announced three pro­pos­als aimed at re-​adjusting pow­er bal­ance between pre­car­i­ous work­ers and com­pa­nies using their ser­vices. Two of them are worth spe­cial attention:

1. A pro­posed direc­tive con­cern­ing the improve­ment of work­ing con­di­tions for those work­ing on platforms

The pro­posed direc­tive pro­vides cri­te­ria for deter­min­ing the pro­fes­sion­al sta­tus of those work­ing on dig­i­tal plat­forms. If these cri­te­ria are ful­filled, work­ers will be assumed to be employ­ees, there­by ben­e­fit­ting from the social guar­an­tees linked to such status.

In addi­tion, it cre­ates new rights for both salaried and self-​employed work­ers
 — by enhanc­ing trans­paren­cy in the use of algo­rithms by dig­i­tal plat­forms
 — by impos­ing human mon­i­tor­ing of work­ing con­di­tions
 — by mak­ing it pos­si­ble to con­test auto­mat­ed deci­sions. […]
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EU | Status and working conditions in the creative sector

EU Commission logo

The DG EAC of the European Commission is pub­lish­ing a study on work­ers in the European cre­ative sector

According to the Commission, this study, com­mis­sioned from the European Expert Network on Culture and Audiovisual (EENCA), comes with­in the scope of objec­tives for the New European Agenda for Culture adopt­ed in 2018. Among the aims is help­ing the Member States ensure fair remu­ner­a­tion for work­ers in the cre­ative sec­tor through social dia­logue and the imple­men­ta­tion of an ecosys­tem favourable to such work­ers. Efforts in this direc­tion are cur­rent­ly being made by cer­tain states with­in the scope of the Open Method of Coordination (OMC) with regard to sta­tus and work­ing con­di­tions for artists and cul­tur­al and cre­ative pro­fes­sion­als. […]
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Handbook on trade union organising

Handbook on union organising

This Handbook on Trade Union Organising is the out­come of a joint project by FIM, FIA, EURO-​MEI and the European Federation of Journalists (EFJ). The project, enti­tled “Reaching the Full Potential of Social Dialogue for Atypical Workers” focused on the chal­lenge of union rep­re­sen­ta­tion of work­ers in the Media, Arts and Entertainment sec­tor, who are free­lance, self-​employed or oth­er­wise atyp­i­cal workers.

The project was fund­ed via the European Commission’s DG Employment and Social Affairs bud­get line for Information and Training Measures for Workers’ Organisations. It ran through­out 2018 and 2019, with a con­clud­ing event held in Dublin in Feb. 2020.

The two main strands of the project focused first­ly, on organ­is­ing and recruit­ing atyp­i­cal work­ers to the trade unions in the sec­tor and sec­ond­ly, on address­ing the legal obsta­cles that may arise when seek­ing to col­lec­tive­ly bar­gain on their behalf. […]
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EU | Unionisation and collective bargaining for freelancers

Dublin conference on freelance workers

In Dublin, on 11 and 12 February 2020, FIM, FIA, UNI-​MEI and EFJ –with the sup­port of SIPTU– organ­ised the final con­fer­ence of the European project on union­i­sa­tion and col­lec­tive bar­gain­ing for free­lance work­ers in the enter­tain­ment and media sectors.

Opened by a speech from Patricia King, General Secretary of the Irish Congress of Trade Unions (ICTU), the con­fer­ence brought togeth­er over one hun­dred par­tic­i­pants from European Union coun­tries or can­di­dates to acces­sion. The debates includ­ed rep­re­sen­ta­tives from unions, the European Commission, the OECD, ILO, ETUC and gov­ern­ments, as well as uni­ver­si­ty aca­d­e­mics, researchers and lawyers spe­cial­is­ing in labour law. […]
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Dominican Republic | National union training workshop

FIM workshop | Santo Domingo

Dominican musi­cians are busy cre­at­ing a union which, in its rules, embod­ies good gov­er­nance, trans­paren­cy and gen­der equality.

FIM is pro­vid­ing tech­ni­cal sup­port for this process through back­ing from Swedish unions Union To Union and SMF. In par­tic­u­lar, this sup­port has tak­en the form of a union train­ing work­shop, organ­ised in Santo Domingo from 15 to 17 October 2019, run by Benoît Machuel (FIM General Secretary), Nathaly Ossa (FIM region­al coor­di­na­tor for Latin America) and John Acosta (President of AFM local 47). We are par­tic­u­lar­ly grate­ful to John Acosta for his con­tri­bu­tion to this work­shop, and to his union.

For the occa­sion, ONAM had brought togeth­er an assem­bly made up of an equal pro­por­tion of men and women. […]
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