Game Changer For Workers In The "Gig Economy"

In other words, they will be allowed to organise within trade unions. "They will be allowed to bargain collectively – to negotiate with their employers for agreed rates of pay and terms and conditions. Clearly, this is an important step forward for those working in the arts and in the media," explains Labour Party leader, Brendan Howlin.
It's actually the first Opposition Bill to pass into law from 32nd Dáil and 25th Seanad and it will provide collective bargaining rights for freelance workers and also defines in law for first time "bogus" self-employment.
This new Competition Amendment Bill, which was put together by the Labour Party, "will ensure workers in the gig economy can organise for better rights," points out Brendan Howlin TD.
Speaking in the Dáil last night, Labour Party Leader said: "It hasn’t attracted much attention as it has progressed through the Houses, but this is a genuinely important Bill.
"On behalf of the Labour Party, it is my great pleasure to speak this evening on the Competition (Amendment) Bill 2016. When signed by President Higgins, this will become the first piece of opposition legislation to become law since the election last year."
In his speech, Deputy Howlin pointed out that the new Bill has much more wide-reaching long-term implications. He explained: "The Bill allows for other categories to be added by the Minister. And perhaps most importantly, it defines in law the notion of bogus self-employment for the first time.
"As my colleague Senator Ged Nash has said, this is a game-changer for workers in the gig economy. It will provide them with a clear roadmap to achieve collective bargaining rights. And in doing so, it will vindicate their democratic right to organise and to negotiate their pay and conditions."
Senator Ivana Bacik, who originally brought up the idea for the new law, has welcomed the passage of the Competition (Amendment) Bill through both Houses of the Oireachtas.
“This Bill arises from a long-standing Labour Party commitment to ensure protection of the right to collectively bargain for freelance workers, including journalists, actors and others, who perform their work on a self-employed or contract-for-services basis.
“I am delighted to celebrate this victory with the various unions that have been campaigning on this matter for some time. SIPTU, the National Union of Journalists, Equity, the Musicians Union of Ireland and many other unions have a long-standing commitment to reform in this area. The Bill we are considering on Report Stage today represents the culmination of their long campaign.
She added: “Throughout the many stages of this Bill we have all become aware of the very detrimental effect that current competition law has had on the livelihoods of many people involved in voice-over work. I refer not just to actors working on voice-overs because it is clear that it also had an impact on many other trades, particularly in areas like journalism, performance and the arts.
"It has had a chilling effect on photographers, writers, musicians, models and many other self-employed people on whose behalf unions have traditionally collectively negotiated."
She concluded: “Tonight is a win for freelance journalists, voice-over artists and session musicians all over the country who will now have enhanced trade union rights once this bill is signed into law.”
Welcoming the Bill’s passage, Labour Spokesperson on Labour Affairs and Workers Rights, Senator Ged Nash said: “It is a source of great pride that the only Private Members Bill to become the law of the land since the birth of this ‘do-nothing’ Dáil is a Labour Party Bill on improving the rights of working people.
“Even in Opposition, Labour is still the only party that can be trusted to deliver real change for working people. In Government in late January 2016, we supported Senator Bacik’s Bill ensuring that it was passed at Second Stage.
“Crucially the benefits of the Act can be enjoyed by self-employed workers outside of the categories that will immediately be exempted from sections of competition law to allow them to engage in collective bargaining with their trade union.
“Importantly, we now have clear definitions in Irish law of what constitutes ‘false self-employment’. This measure is a game-changer for workers in the gig economy with a clear route map in place in terms of collective bargaining rights for vulnerable self-employed workers who work under the control and direction of an employer."
He added, “From the bricklayer who is forced to be a self-employed contractor on a construction site, to the bogus self-employed IT contractor in a multinational, and from the Deliveroo rider to the airline pilot who has been pressured into setting up a company structure so they can work for high profile airlines, this legislation is welcome news and will provide more clarity around legal employment status and trade union rights.
“This country has a problem with false self-employment. The enormous increase in the registration of new businesses and sole traders in recent years is not entirely explained away by Ireland’s burgeoning enterprise culture.
"The truth behind the figures is more troubling and with massive consequences for the Exchequer in terms of lost tax revenue and the denial of basic rights and entitlements to people who are for all intents and purposes, employees."