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Issue That Never Was, and Never
Will Be
Jan 2012
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Kapatiran Issue
That Never Was, and Never Will Be, January 2012
NATIONAL’S
EMPLOYMENT LAW CHANGES:
Third World-Style Policies Brought To NZ
- Dennis Maga , Migrante Aotearoa New Zealand
Migrant workers from the Philippines and other Asian
countries suffer extremely low pay and job insecurity
under existing labour contractualisation and
casualisation schemes which leave them jobless after
three to six months. The National government is spelling
a dark future for Kiwis and migrants by copying and
importing unfair labour schemes from the Third World
through its 90-day hire and fire scheme covering all
businesses. The Government also wants to require a
medical certificate for one-day sick leave, reduce
holidays from four to three weeks, and require
employers’ permission before allowing union access
to workplaces, along with other changes that will reduce
workers rights.
Benefit For Migrants?
Prime Minister John Key stated in a media interview that
the 90-day trial period is about creating job
opportunities for New Zealanders including young people
and "people with maybe international
qualifications," noting that "certainly
migrants fit within that category". In the face of
big number of unemployed Kiwis, migrants will have
limited opportunities and will still have to go through
the standard labour market test. As long as there are
many Kiwis seeking jobs, migrants' applications will be
likely declined by Immigration NZ so it's not true that
the 90-day scheme will open more opportunities for
migrants.
If Key really wants to improve opportunities for
migrants, he should heed the recommendations of migrant
advocacy groups for review of the Work-to-Residence (WTR)
scheme and other immigration policies. Employers may hire
migrants including WTR permit holders, but after three
months what then? Key's claim of 90-day scheme's benefit
for migrants is deceptive for migrants and divisive among
local workers and migrants. The Government should not
justify the scheme in the name of migrants. We wouldn't
want migrants to be blamed for stealing job opportunities
for local workers because of the Government's claim that
the 90-day scheme is beneficial for migrants.
Filipino workers employed under three to six month
contracts in the Philippines constantly worry about
finding the next job to put food on the family table.
What bright future for New Zealanders is Key talking
about when the 90-day hire and fire scheme will make
Kiwis and migrants perpetually worried about finding the
next job? Is it safe for migrants to assume that
permanent residents and regular employees won’t be
affected by the 90-day law? This may be a common notion
among those who choose not to join protest actions
against the proposed changes. But there are bad employers
out there who may make regular employees redundant,
including migrants who are permanent residents. New
employees may be hired under the 90 day law to replace
them after a period.
Productivity And Employment?
Key said the package of labour policy changes will help
productivity and employment. This is the same lie told by
governments in the Philippines and other underdeveloped
countries where governments implement a “no union,
no strike” policy, placing business interests for
cheap labour above workers’ demands for decent wages
and job security. Under the 90-day hire and fire scheme,
the National government can readily claim there is job
creation during the hiring seasons. This has been the
deceptive scheme in the Philippines where employment
growth figures are boasted by the Government, but the
workers are in fact only employed under the six-month
labour contracting schemes. Migrant workers should not be
deceived by the promise of opportunity. In fact, such
policy of "labour contractualisation" has been
rampant in their countries of origin, and it is often the
reason why they opted to search for opportunities for
better job security abroad. Kiwis would also be big
losers if National succeeds in imposing Third World-style
irregularisation of labour.
Anti-Worker Policies Lead To Unemployment In
Philippines & NZ
In the Philippines, the research group IBON Foundation
notes that the country's unemployment rate has reached
its worst nine-year sustained high of joblessness since
1956 at 11.2% counting 4.3 million Filipinos. The
employment figure of 35.1 million in 2009 attempts to
conceal poor quality of work revealed in these figures:
4.2 million are unpaid family workers, 12.2 million are
own account workers while 11.7 million wage and salary
workers are without written contracts. Similarly, one out
of three jobs are merely part-time work, 6.6 million
Filipinos are underemployed (employed but still looking
for more work and income) and the number of working
children aged 5-17 years old is 2.7 million.
If the Government succeeds in imposing the expanded
90-law, who knows when it will propose to extend the law
from 90 days to a longer period? Job insecurity and
general working conditions have worsened because of
Government policies that effectively legalise widespread
mass lay-offs, contractualisation, outsourcing and other
job irregularisation schemes. Should immigrants and New
Zealanders allow this to happen here? Migrante Aotearoa
New Zealand calls on Filipinos and all migrant workers in
NZ to unite against National’s proposed changes that
will surely make migrant workers more vulnerable to
abuses by employers and deny workers’ fundamental
right to job security.
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