[APWSLMembers 249] Re: Request for information from APWSL Aotearoa New Zealand about probationary workers

[Kilusang Mayo Uno]

Dear John,

Greetings! I am Tess from KMU.

I see that New Zealand is having a big struggle against labor 
flexibilization and contractualization. We have a similar struggle. 
In the Phils, there is a proposal to amend the labour laws and one 
item that is being pushed is the strengthening of contractualization 
and labor flexibilization.

At the moment, workers are being hired for a period of 3-5 months and 
they have to re-apply again. In some companies, they don't rehire at 
all, which means every 5 months, they hire new workers.  All these of 
course are geared towards busting the unions or avoid establishment 
of unions in the aim of squeezing further super-profits from the 
sweat and toil of workers.

Under the Philippine law, there is a "probationary period" of 6 
months and after that, a worker is supposed to achieve a regular 
status. But given the rampant practice of contractualization, in 
actual, this does not happen anymore as workers are being sacked 
after 3-5 months. What happens most often is that the workers become 
"regular contractuals".

I'll try to send more information later.

We are interested in this development in New Zealand.  We would like 
to ask you to submit a paper on labor flexibilization in your country 
which we can present in the International Solidarity Affairs (ISA) 
Conference.  Perhaps you are aware that we are presently hosting the 
ISA that started from 29 April - 11 May.  The Conference proper is on 
May 8-10.

We would appreciate if the APWSL New Zealand can really make a 
contribution on this conference by making a paper on the said 
topic.  We know that this request is being made in a very limited 
time but we hope you can still do it.   We hope to read the paper on 
the morning of May 9.

Thank you and we hope to hear a reply from you.

In solidarity,
Tess Dioquino
Secretary
KMU International Department

APWSL-Philippines


At 02:04 AM 5/3/2006, you wrote:
>Dear APWSL friends
>
>We hope you can help us with some information about workers' rights 
>in your country.
>
>Does your country's labour law have a "probationary" period for new 
>workers?  (A probationary period allows the manager to easily 
>dismiss a new worker before 90 days or 120 days - or maybe even a 
>longer time).
>
>At present New Zealand labour law gives protection to all workers, 
>including casual, temporary and part-time workers.   Employers can 
>hire probationary workers, but the employer cannot dismiss 
>probationary workers unfairly.
>
>However a member of the right wing opposition National Party in the 
>New Zealand Parliament wants to make a change to the labour law.
>
>The change to the law would take away the protection of the labour 
>law for all workers in the first 90 days of a new job.
>
>The National Party says the new law will help increase employment 
>opportunities. However unemployment in New Zealand has been going 
>down in the last few years.
>
>New workers could be dismissed for joining a union, for asking about 
>their rights, or for having time off for being sick. They could be 
>dismissed  for no reason - and given no reason for their dismissal.
>
>Every worker who changed to a new job would have no protection for 
>the first 90 days of their new job.
>
>APWSL Aotearoa/New Zealand wants to join with unions and other NGOs 
>and make a submission to the New Zealand Parliament opposing the new 
>law proposal.
>
>Because APWSL is a network of workers and trade union activists in 
>the Asia Pacific region,  we want to give examples of what happens 
>to probationary workers in other countries in our region.  (Workers' 
>rights in our region is becoming more of an issue as the New Zealand 
>Government negotiates a number of Free Trade Agreements with other countries).
>
>The Labour Government has only a small majority of seats in the New 
>Zealand Parliament, so we are worried that this proposal could 
>become a new law.
>
>If you can help, can you please send an email with one or two 
>examples or some information about probationary workers in your 
>country to us before 15 May.   One or two short examples will be OK.
>
>By giving examples from other countries, this will help us very much 
>in preparing our submission to the New Zealand Parliament.
>
>In international solidarity and friendship,
>
>John Maynard and Carol Bridgens
>APWSL Aotearoa/New Zealand
>_______________________________________________
>APWSLMembers mailing list
>APWSLMembers at labornetjp.org
>http://misc.labornetjp.org/cgi-bin/mailman/listinfo/apwslmembers