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(en) Britain, Aanarchist journal Direct Action #41- Organising + The Stuff Your Boss does not want you to know
Date
Thu, 20 Nov 2008 09:05:53 +0200
organising: Casualisation Kills ---- Figures released recently by the Health and
Safety Commission for 2006/7 indicate an 11% increase in workplace-related
fatalities, compared to the previous 12 months. Of the 241 deaths reported to
the Health and Safety Executive, the 2 sectors with the highest number of fatal
injuries were: ---- * Agriculture, Forestry and Fishing (8.1 deaths per 100,000
workers) ---- * Construction (3.7 deaths per 100,000 workers) ---- Both
industries, not surprisingly, employ a high proportion of casual migrant labour.
Casualised labour is cheap, flexible and serves the bosses’ interests by
maximising their profits. At the same time it undermines basic rights and
conditions which workers have had to fight tooth and nail for, forcing down
wages in the process.
The HSE also reported a 25% rise in prosecutions for workplace health and safety
violations in the last year, which in all probability represents only the tip of
the iceberg. Casualisation kills, end of story.
In raising awareness and fighting for workers’ rights in the here and now, we
must be mindful that so long as the present economic and political system
exists, so will casualisation.
The Stuff Your Boss does not want you to know - a quick guide to your
rights at work - by workers - for workers. Know your rights at work - bundles
available for free / donation from: PO Box 29, South West D.O., Manchester, M15 5HW.
Download PDF at: http://www.stuffyourboss.com/syb.pdf
SOME KEY EMPLOYMENT RIGHTS
Regardless of work status (temporary or permanent, agency, full or
part-time) or our
contracts of employment, most of us have certain basic rights. These include:
1. The right to be told in writing how much and when we are to be paid.
The Minimum Wage rate is set at £5.35 from October 2006. For 18-21 year
olds, it is £4.45.
For agency workers, wages must be paid on the agreed day, even if the hiring
company has
not paid the agency.
2. The right to at least 4 weeks paid leave per year.
Any employment contract should set out leave entitlements. If it doesn't,
then 4 weeks must be
given (which can include public holidays). All workers, agency workers,
homeworkers, trainees,
so-called casuals and most freelancers are included in this. Holiday
entitlement starts
immediately, e.g. on day 1, we get 2 days leave, and, after 6 months, we get
10 days (for part-
time workers it is less, and it applies to jobs started since October 2001).
3. The right to breaks of at least 20 minutes after each 6 hours of work.
We are entitled to at least 11 hours' rest in each 24 hours and a minimum of
a day a week off.
Rest breaks for under 18s are minimum 30 minutes every 4 1/2 hours.
4. The right to refuse to work any more than 48 hours each week.
We cannot be forced to work over 48 hours per week unless we have agreed to
it in writing (note
that this is averaged over any 17 week period, so we can be forced to do
more in any one week).
5. The right to sick pay when we are ill.
We are entitled to statutory sick pay if we normally earn over £77 per week
and we have been
working for over 3 months (or are deemed to have been in continuous
employment for 13 weeks).
6. The right to maternity/paternity leave when we have children.
From April 2003, most mothers are entitled to 26 weeks' paid maternity leave
and an additional
26 weeks' unpaid leave. To get maternity pay, we must earn over £77 per week
and have been
working for over 6 months by the time the baby is 15 weeks from being due.
For the first 6
weeks, this should be 90% of average earnings, then a flat rate of £100 for
20 weeks. If pay can't
be claimed, Maternity Allowance may be claimed from the DSS. Fathers/male
partners get 2
weeks' paid paternity leave (subject to the same qualifying conditions as
for maternity).
7. The right to be free from harassment.
We are all entitled to a workplace where there is no racial or sexual
harassment, bullying, prejudice or discrimination. Agency and part-time
workers have the same rights as full-time workers.
8. The right to defend ourselves.
We all have the right to protection from dismissal for
asserting our statutory employment rights. We also have
the right to join with our fellow workers and organise
ourselves collectively, and to join a trade union.
9. The right to refuse work that is unsafe or
where training is not provided.
We all have the right to refuse to work if we find
ourselves in imminent danger. Also, laws governing
agencies mean they should not send us to jobs for
which we are not qualified, and they must ensure that
proper training is provided.
Are you safe & healthy?
The Working Time Regulations
The basic rights and protections that
the Regulations provide are:
a limit of an average of 48 hours a
week which a worker can be required
to work (though workers can choose
to work more if they want to).
a limit of an average of 8 hours work
in 24 which nightworkers can be
required to work.
a right for night workers to receive
free health assessments.
a right to 11 hours rest a day.
a right to a day off each week.
a right to an in-work rest break if
the working day is longer than 6
hours.
a right to 4 weeks paid leave per year.
HEALTH & SAFETY BASICS
Employers should:
Provide safe and healthy working
conditions;
Provide proper information and training for
everyone in all types of workplaces;
Draw up and circulate procedures for
dealing with risks at work;
Inform all workers of Health and Safety
agreements, policies and practices before we
start work.
Health and safety in the workplace
costs money and time and hits
profits, so bosses inevitably try to
avoid their legal responsibilities. By
law, they have to provide health and
safety for all workers in their
employment.
Remember, you have a legal right to
walk off the job if you feel in
imminent danger.
--------------------------------------------
Grievance procedures
From 1st October 2004 all employers, regardless
of size, are obliged to operate minimum statutory
grievance procedures and the small employer
exemption from the need to provide details was
abolished.
Grievance procedures: the standard three-step
procedure
Your employer's grievance procedure may have
more than three steps, but it must include the
following.
1. Written statement
You must set out your grievance in writing (often
called a `step one letter'). Your employer's
grievance procedure should say who to send
your letter to. If that's the person causing the
problem, or if they've ignored previous
complaints, send it to the HR department or to the
person's boss.
2. Meeting
Your grievance should be looked into in a fair and
unbiased way. Your employer should invite you to
a meeting (sometimes called a hearing) to
discuss the problem and you should attend if you
can. If there is someone else involved, they might
also be there (but you should tell your employer if
you are uncomfortable with this). If you ask your
employer beforehand, you have a legal right to
take a `companion' (who is a colleague or trade
union representative) to the meeting with you.
3. Appeal meeting
If you're not satisfied with the decision, or you
think the procedure followed was seriously
flawed, you have the right to an appeal. Your
employer should give you enough time to appeal.
If they don't, make your appeal anyway, and say
that you'll provide more information later.
If you are considering taking your issue to an
Employment Tribunal you may want to appeal
even if it seems pointless, because a tribunal
award could be reduced if you don't.
STANDING UP FOR OURSELVES
Casualisation and so-called flexible working are ways of undermining working
conditions and exploiting us more than ever. They also make permanent jobs more
vulnerable. So casualisation does not only affect temporary and agency workers,
but all workers.
Employers will sack workers they do not like, knowing full well that many are
reluctant or unable to go through an employment tribunal. It is not enough having a
few statutory and contractual rights at work; we need to stand together to ensure
that the rights long fought for are respected.
Only by standing together can we prevent bosses from intimidating and victimis-
ing us. We cannot leave it to the Government, the bosses, political parties, or the
established trade unions. The most effective way of defending our rights is by
organising ourselves and taking collective direct action. By forming our own groups
where everyone is equal, we can resist exploitation and enforce our rights at work
effectively.
Defending our rights is just the start. Once we achieve this, we can start
to take
the initiative. An injury to one is an injury to all!
www.solfed.org.uk
This leaflet was produced by the Solidarity Federation as part of an ongoing
campaign against casualisation. It was written by workers, for workers, and has been
designed to spread the message about the rights we all have. Solidarity
Federation is
part of the International Workers' Association, which is the global
anarcho-syndicalist
organisation. The campaign includes actions by IWA groups worldwide against
casualisation and for solidarity amongst all workers. Actions speak louder than
words.
The more we all get together, the louder we will be heard.
------------------------------------------------------------------
Please send me leaflets to hand out & more info. on the casualisation
campaign
Please send me information about Solidarity Federation
Name............................................................
Address.............................................................
Email/phone.........................................................
Return this slip to: Solidarity Federation, PO Box 469, Preston PR1 8XF.
You can also write for free advice on employment and health & safety
rights or email: solfed@solfed.org.uk
_________________________________________
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