REC slams TUC over Fixed Term Working Directive press release

The Recruitment and Employment Confederation (REC) has hit out at the Trades Union Congress (TUC) over its claims that unionised work forces have better terms and conditions than temporary workers, including IT contractors.

The TUC made the claims in a recent press release which has since drawn criticism from REC who are accusing the TUC of using 'misleading statements.'

REC states: "The TUC's press release in relation to this has somewhat broadened and blurred the issue [of the Fixed Term Workers Directive] in relation to temporary workers and contains a number of misleading statements that should not go unchallenged. In particular the assertion that unionised work forces have better terms and conditions is extremely misleading. The TUC's own press release acknowledges that IT contract workers enjoy high salaries and good conditions and are likely to be non-unionised. The same could be said for many other categories of temporary and contract workers."

REC believes that it is not in the interests of agencies for agency workers to be exploited or for them to enjoy less protection than other workers, however, sometimes due to the unique characteristics of the 'triangular relationship' between agency, agency worker and user - there must be variation in the way that protective measures are implemented.

The Confederation has claimed the TUC press release contained the following inaccuracies:

• The TUC has glossed over the fact that the Government has complied with the requirements of the Fixed Term Workers Directive as pay and pensions are excluded at European level from the scope of the Directive.
• There is a separate Directive being drafted specifically to cover Agency workers so that is why the Fixed Term one does not cover them. In addition, the Government is now finalising a new UK Employment Agencies Act, which is also specifically to cover Agency workers. How many more "new laws" can possibly be needed?
• The sample size of 200 unionised workplaces is likely to be biased towards public sector terms and conditions, which differ from the private sector quite significantly for permanent staff as well as temporary staff. Many permanent private sector workers do not receive the conditions referred to either, such as lengthy contractual sick pay entitlements, extended annual leave, and generous final salary occupational pensions.
• Stakeholder pensions are an alternative to occupational pension schemes and will be ideal for those on temporary contracts where final salary schemes are usually impractical.
• All workers have a basic level of rights guaranteed by the Working Time Directive, which covers hours and annual leave. No temporary or agency worker receives less than 20 days leave per annum.
• All temporary staff who pay sufficient National Insurance receive SSP and SMP.

REC added: "This press release appears to be saying that everybody should be in a permanent job in a unionised environment, and that anything else is second best. That is a very dated and blinkered attitude. Agency work is not 'second best' to employment. It is an attractive, flexible alternative to a permanent job. Employers and workseekers need a flexible and accessible labour market, with equal opportunities for all. Excessive regulation is no way to respond to those needs."

A TUC spokesman said: "We acknowledge that highly-skilled workers positively choose to do temporary work, welcoming the autonomy and flexibility provided by well paid short-term challenges. However, we have found that lower skilled workers increasingly find themselves trapped in temporary work that is comparatively low paid and leaves them without work-related benefits or job security.

"We are not seeking an end to temporary work but for an end to discrimination on pay and pensions for temporary workers."

--

Richard Powell, UKTECH