Professional Documents
Culture Documents
and restructuring in recent years. Restructuring has largely been driven by a global agenda that has promoted the development of human capital as the key to economic competitiveness in the global market. This book adopts an inter-disciplinary approach drawing not only on education research but also from the fields of industrial sociology, management studies and labour process theory to locate the reform agenda within a wider picture relating to teachers, their professional identities and their experience of work. In doing so the book draws on critical perspectives that seek to challenge orthodox policy discourses relating to remodelling. Illustrating of how education policy is shaped by discourses within the wider socio-political environment and how unionization and inter-organizational bargaining between unions exerts a decisive, but often ignored, influence on policy development at both a State and institutional level, this book is a must read for anyone researching or studying employment relations.
Market Promotion Act (Arbeitsmarktfrderungsgesetz, AFG) and the 1994 Labour Market Service Act (Arbeitsmarktservicegesetz, AMSG). With the latter, the former Department of Employment (Arbeitsmarktverwaltung, AMV) was taken out of the scope of state administration and set up as a service agency under public law.
Employers representation
The private adult education and training sector is one of the rare business areas in Austria that do not fall within the representational domain of the Chamber of the Economy (Wirtschaftskammer sterreich, WK). This means that there is no statutory interest representation for the employers in this sector, which explains the lack of any collective agreement in this area up to April 2005.
In 1999, however, the Association of Employers of Private Institutions for Training and Further Training (Berufsvereinigung der ArbeitgeberInnen privater Bildungseinrichtungen, BABE) was founded by a few larger institutions employing some 5,000 to 6,000 employees. BABE was recognised as possessing the capacity to conclude collective agreements by the BEA in 2000 and immediately started negotiations with trade unions in order to conclude a collective agreement, which was eventually achieved in February 2005 (see below). However, BABE represents only a relatively small segment of the sector, in particular the few, larger non-profit institutions that are - in terms of funding, organisational structure or multiple office-holding - closely linked with the Austrian Trade Union Federation (sterreichischer Gewerkschaftsbund, GB) and the Chamber of Labour (Arbeiterkammer, AK). Although BABE has repeatedly attempted to enlarge the narrow circle of its members, negotiations have not proved fruitful so far. This is because most smaller, profit-oriented institutions have hitherto not seen any use in joining an association dominated by large establishments closely related to organised labour. Most of them do not feel represented by BABE, unless its statutes were to grant them a major voice, and they do not want to sign on to a collective agreement which, they argue, is tailor-made for their main competitors. Apart from the lack of a sector-wide collective agreement, another key feature of the sector is the lack of consistent professional profiles, including uniform training systems, as well as the absence of binding minimum standards in training quality. This results from the specific structure of the sector, since there is a broad variety of institutions and establishments with respect to their size, their ownership structure, their interests, their operating areas, their political influence, their 'respectability' etc. This has so far been the main obstacle to setting up an encompassing interest-representation organisation for employers.
considered by GPA as the main reason for the continuing reduction of prices for training courses. Furthermore, GPA realised early on that certain minimum standards, including minimum pay, for freelance workers can only be achieved if corresponding provisions for 'standard' employees are collectively agreed. Therefore GPA urged BABE to start negotiations as soon as possible. GPA's internal strategies aimed at setting up an organisational structure that allows not only standard employees but also freelance workers to join the union and to participate actively within the GPA structure. Formally, the internal restructuring process was finalised by the GPA general assembly in 2002 (AT0212202F). According to the new structure, the representation of freelance workers is now addressed by corresponding 'interest groupings' and 'issue platforms' within GPA.
Commentary
Considering Austrias exacerbating labour market situation with slightly, but continuously growing unemployment, the need for highly skilled employees in the (vocational) adult education sector will increase, in particular in the context of the countrys active labour market policy. In order to ensure continuous recruitment of highly skilled and motivated personnel in this sector, clear-cut regulations in terms of occupations and working conditions are required. The first-ever collective agreement may contribute to partially improving and harmonising working conditions for a segment of the sector. However, as long as a major part of the sector remains uncovered, fragmentation and unfair competition among the private training institutions will be perpetuated. In this case, GPA is expected to examine the chances of applying for an 'extension order' (Satzungserklrung) to the BEA. An extension order issued by the BEA means that a collective agreement is extended to include employment relationships of the same nature which are not covered by an agreement (AT0112250F). Apart from this, the practice of many institutions increasingly to use freelance workers (by often illicitly bypassing labour law commitments) threatens to damage the sectors labour market. In
order to curb these practices, clear-cut legal regulations are required, since at present there exists a legal loophole for the grey zone of 'bogus' self-employment. A follow-up agreement also the sectors freelance workers in the wake of the recent collective agreement (which could stop the current downward trend in pay) seems to be unlikely. On the one hand, the introduction of pay schemes for freelance workers would require a clear-cut classification scheme, which is out of sight at present. On the other hand, the legal commitment involved in such an agreement may be questioned, since it has hitherto remained completely unclear whether Austrian labour law acknowledges collective agreements concluded for freelance workers. (Georg Adam, University of Vienna)