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| Vitor Filgueiras |
Brazil and the United Kingdom are very different regarding the levels of working conditions achieved historically, but both have faced the same strategies to undermine public regulation lately. The failure of different approaches provides clues about the solutions for similar problems.
Many cases of labour exploitation have been uncovered, including slave-like conditions, in both countries. These exploitative conditions are typically found in the agricultural sector, and most of them are associated with outsourcing/subcontracting arrangements.
In Brazil, almost 90% (44) of the 50 largest cases of slave-like conditions uncovered by public institutions between 2010 and 2014 involved workers hired by main companies through intermediaries. These cases cover different regions, company sizes, and intermediaries’ appearance, ranging from gatos (‘cats’, as labour suppliers are called in the Brazilian rural area) to formal contractors. In the UK, labour exploitation and regulation of labour in rural areas are strongly linked to outsourcing, which is predominantly arranged through so-called gangmasters. Between 2013 and 2015, 900 victims of labour exploitation were assisted by the Gangmasters’ Licensing Authority (GLA) (GLA CEO 2015).
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| Jörg Nowak |
The prison population in Germany has not been a focus of trade unions in the past, but it is an emerging site of industrial labour. Out of 60.000 prisoners in Germany, around 40 000 are workers and the rest are either retired or sick. In 11 out of 16 federal states, prison labour is forced labour. All major automobile producers in Germany are subcontracting assembly work to prisons, as well as white-goods producers and solar-energy companies.
Prisoners earn between € (Euro) 1.50 and €2 an hour while the German minimum wage is €8.50, and they do not have a right to strike. Prison workers are covered by unemployment insurance but excluded from old-age insurance. A law for old-age insurance was planned in 1977, but never legislated. The companies that outsource work to prisons are exempt from contributions to social insurance funds. Thus the unemployment insurance is covered by tax-payers.
While prison guards have long been organised in two different trade unions, prisoners were not organised until 2014. Two prisoners in Berlin-Tegel created the prisoners’ union GG/BO (Gefangenengewerkschaft/Bundesweite Organisation) in May 2014, and it now has around 800 members in more than 40 German prisons. A section was founded in Austria in late 2015.
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| Siobhán McGrath |
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| Lisa Carstensen |
In 2012 two major clothing retailers, the Spanish group Zara and the Brazilian retailer Marisa, were suspended from membership of the “National Pact to Eradicate Slave Labour.” In both cases, the suspension occurred less than a year after the firms became members in the first place. As members of the Pact, they had pledged to eliminate slave labour from their supply chains. These cases generated a major debate – about forced labour in São Paulo’s clothing industry but also about the Pact itself and, linked to this, about the “Dirty List” of those found to be using slave labour[i].
So how does the Pact work? Is it a model for other countries committed to the fight against forced labour? Is it useful for the trade union movement? What are its limitations? We argue below that the Pact is a powerful tool which has been used to make progress in the ongoing fight against forced labour. Before explaining how we come to this conclusion, however, it is necessary to provide a short overview of the institutional and legal context of the Brazilian struggle against slave labour.