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Social dialogue & - PPT Presentation

collective bargaining The German experience Does social dialogue make sense in journalism We do believe there is a spiritual connection an inner ID: 794195

freelances collective contract bargaining collective freelances bargaining contract freelance contracts 12a law employees considered broadcasting public payment newspaper social

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Presentation Transcript

Slide1

Social dialogue & collective bargaining

The German

experience

Slide2

Does social dialogue make

sense in

journalism?

We

do

believe

there

is

a spiritual

connection

, an

inner

band

of

unity

between

the

publisher

and

the

editors

working

with

him

.

Therefore

an

editor

cannot

be

considered

to

be

an

employee

. The

idea

of

collective

bargaining

does

not

meet

the

situation

in

journalism

“ (

Federation

of

publishers

, in

the

1950s)

We

want

to

make

clear

that

newspapers

rely

heavily

on

freelances

.

They

are

the

most

valuable

contributors

,

we

need

these

journalists

. But

any

kind

of

improvement

of

the

collective

agreement

will end

any

acceptance

of

it

at all.“ (

Federation

of

newspaper

publishers

, in

the

90s)

Freelances

are

entrepreneurs

“ (German

news

agency

)

Slide3

The situation in GermanyCollective

bargaining

for

journalists

started

in

the

50s

A

law

on

collective

bargaining

for

freelances

similar

to

employees

“ was

passed

in

the

70s (12a Tarifvertragsgesetz)

Collective

bargaining

resulted

in

collective

contracts

in

public

broadcasting

The

collective

contract

in

the

newspaper

sector

was

signed

, but

never

applied

Slide4

„Freelances similar to

employees

“ (Arbeitnehmerähnliche Personen)

A

person

who

earns

50% at

one

employer

Or

if

this

person

is

an

artist

or

journalist

, 30%

Will

be

considered

similar

to

employees

even

if

this

person

has

a

freelance

contract

Collective

bargaining

is

legal

for

these

persons

(§ 12a Tarifvertragsgesetz)

Slide5

Starting social dialogue / collective

bargaining

While

the

law

is

applicable

to

all

media

sectors

,

it

is

only

the

public

broadcasting

where

collective

bargaining

and

collective

contracts

exist

Public

broadcasting

has

to

accept

union

acitivity

and

action

Yet

,

b

argaining

is

difficult

in

public

broadcasting

,

because

freelances

fear

for

their

jobs

Private

companies

avoid

at all

costs

any

form

of

collective

contract

for

freelances

Freelances

often

will not

be

willing

to

strike

in private

media

Slide6

Contents in collective contracts (12a)

Fees

for

text

,

photography

,

video

,

audio

etc.

Shift

payment

(

salary

)

Authors

rights

Sick

pay

Maternity

pay

Holiday

pay

Termination

payment

Slide7

Problems in collective contracts (12a)

Persons

will

accept

a

freelance

contract

now

because

it

has

basic

social

features

(

rather

than

insist

on an

employment

),

this

means

employers

will turn

employee

positions

into

freelance

work

As

freelances

are

not

considered

to

be

employees

,

any

labour

law

improvement

will

have

no

effect

on

this

group

It

is

impossible

to

negotiate

a

collective

contract

which

would

cover

the

wide

are

of

labour

law

Freelances

still

fear

sanctions

from

their

employers

,

consequently

they

are

not

willing

to

strike

The

work

council

has

no

or

limited

competence

in

freelance

matters

No

major

structural

improvement

in

freelance

contracts

in

the

last

years

Slide8

The right of fair fee

for

authors‘

rights

New

law

(2002)

Any

freelance

has

the

right

to

an

adequate

payment

for

authors

´

rights

Freelancers´

unions

may

negotiate

a

collective

contract

which

defines

what

is

adequate

In

the

newspaper

sector

, a

contract

was

finally

signed

in 2012/2013, but in

most

newspaper

,

it

never

became

reality

In

the

magazine

sector

,

negotiations

still

go

on

with

no

end in

sight

Slide9

Is there any bright

future for

„12a“

or

adequate

payment

“?

Changes

in

authors´rights

might

force

publishers

to

negotiate

faster

than

now

The

right

of

the

journalists´asociation

to

sue

publishers

who

do not

respect

the

agreement

might

have

some

effect

12a

is

a

powerless

tool

for

unions

Think

of

the

French

way

any

person

working

in

the

media

is

considered

to

be

an

employee