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"Decent Work in the Informal Sector - CEE/CIS (1)
region"
by Bettina Musiolek (2)
March 2002
Abstract on the regional report
The report discusses key factors, characteristics, variations,
forms as well as policies applied in and proposed for the region.
It uses a work- and employment-based approach. Informality
(3) is attributed
to legitimate work/employment that lacks socially accepted employment
norms - a wage that covers basic needs and social security,
an established employment-relationship, and decent occupational
health and safety. In this way, the report suggests a differentiation
between the work as such and the conditions under which it is
being performed. Informal work is the problem, not the worker.
Formality and informality in transitional societies are inevitably
a mixture of existing and new patterns; in the region, they
are mixtures of features typical for developed and developing
economies. They can only be understood in their unique transitional
nature that defies a simple comparison with "known"
phenomena in other countries. Informal employment is - maybe
more than in any other region - by no means a distinct entity.
There is no clear border between a "formal", "organised"
and an "informal", "unorganised" sector
as it is the case in so-called developing countries.
The "explosion" of informality in the region has
developed in two waves: In early 90s, a fierce economic, financial
and social crisis followed the "shock therapy" of
transition. The de-industrialisation and de-agriculturalisation
of the economies, that created a situation of widespread unemployment
from previously full employment within a few years, devaluation
of the currencies and often hyperinflation with subsequently
eroded purchasing power of wages introduced poverty to a majority
of the populations. The UNDP called this change the "most
acute poverty and welfare reversal in the world". Privatisation
has frequently facilitated the depriving formal sector workers
of their rights. New owners often ignored existing collective
bargaining agreements. Furthermore, privatisation often meant
closures or redundancies. For these reasons, people were forced
to look for income alternatives in informal and subsistence
activities.
Since the late 90s, transition processes have converged more
intensively with globalisation and EU-integration. Factors that
cause more informal and non-standard employment worldwide also
become increasingly relevant in the region. Globalisation is
commonly related to the search for more flexible forms of labour
to sustain a competitive edge. Labour markets have been deregulated,
the mobility of capital increased and global commodity chains
have been restructured. The region has become a preferred target
for production relocation, outsourcing, subcontracting and assembly
production/outward processing trade for Western European companies
and markets. All these processes have commonly been linked with
the increase in informal work arrangements.
Globalisation pressures add to transition problems. The dramatic
downsizing of the public sector and social services e.g. has
been seen as an inevitable result of both, globalisation and
transition. However, the deteriorated performance of social
services has contributed to the weak commitment of employers
and employees to paying taxes and making statutory social contributions.
It has gendered impacts; the UNDP reported that the CEE/CIS
region is the only region in the world where there is a considerable
increase of women's household/reproductive workload while their
participation in the labour market remains high and their contribution
to the household income is badly needed.
The near absence of a critical public that would raise issues
of deteriorating working and living conditions, as it does in
similar situations in other world regions, contributes further
to an atmosphere of "anything goes" and a weak respect
for social and labour regulation in the region. Under the economic,
financial pressures and social impacts of transition, globalisation
and EU-accession, governments are reluctant to enforce effectively
social and labour codes that are generally well developed in
the region. Local and foreign employers/clients use such a situation
of weak implementation of social and labour rights.
Available evidence suggests that the economic recovery in terms
of GDP growth that occurred in some countries did not lead to
a decrease in informal employment and could not absorb the high
unemployment. Women did not benefit substantially from this
recovery. They are increasingly confronted with both discrimination
on recruitment and employment and a re-introduction of conservative
family roles in many countries of the region. For example, sexual
harassment at work and discrimination against female entrepreneurs
by creditors, customers or suppliers are reported. Thus, women
are less likely to get well protected and well remunerated employment
in the emerging private sector, but are more likely to work
in informal arrangements well below their generally high levels
of formal education. Women are also more likely to be subject
to violations of labour rights.
Countries of the region can be roughly grouped into two
clusters:
-
Countries where there is a serious mixture
of over-regulation and absence of regulation, yet where there
are socially accepted standards that favour formalised patterns.
The share of the informal economy in GDP and employment (following
the above definition) is estimated at 30 - 50%.
-
Countries that are dominated by a comprehensive
"informal regulation" such as Russia; in these countries,
overregulation (as formal regulation) is undermined by "informal
regulation". The share of informal arrangements in GDP
and employment amounts to 50 - 70%.
Typical forms of informal employment throughout the region
are:
-
Multiple jobholding that combines employment
in the remaining public and social sectors, e.g. teachers
and doctors, with other activities because of the low purchasing
power or non-payment of salaries. A common strategy for women
in these situations is to create self-employment as private
tutors, translators, consultants/assistants to foreign organisations
or companies. Men tend to create self-employment in technical
services or consultancy. These include high as well as low-income
activities.
-
"Classical" informal economy activities
such as cross-border/suitcase trade, street-vending and home-based
production of services or goods for local markets. These activities
are highly gender-segregated, as in other world regions.
-
Migrant labour in seasonal, temporary, or
other casual, sub-standard employment in West Europe, mainly
in Italy and Germany (domestic work, construction, agriculture).
-
Subcontracting and particularly assembly
production arrangements (4)
within global or European supply chains. This is one of the
most important areas of informal employment and can take place
in home-based, micro-enterprise-based or in factory-based
locations. Typical sectors are garment, footwear and food
processing. Apparel constitutes the highest share of exports
of many countries in the region and the EU is the major importer.
Usual signs of informality in this sector include a lack of
labour contracts and the weakness of effective labour organisation
or collective bargaining. (5)
Moreover, workers are often "officially" paid the
legal minimum wage (that as a rule does not cover basic needs)
while for any extra they work off the books.
Foreign clients employ subcontracting arrangements in the region
because of the absence of basic labour rights, which enables
them to exercise high production and labour flexibility. It
is no coincidence that feminised sectors are targeted for this
kind of ultra-tayloristic production that profits from flexibility
and time advantages, which are derived from the availability
of skilled and "obedient" labour. Time and flexibility
ensured by low labour costs and bad protection of workers, motivate
subcontracting in the region. Women's wages are seen as supplementary
and complementary according to conventional "breadwinner"
patterns, even though the social reality in the region contradicts
this sharply (6).
The fact that legal minimum wages in the region do not cover
basic needs and are well below a living wage, and instead are
derived from recommendations by international financial institutions,
constitutes one of the heaviest downward pressures on living
conditions and on decent work.
In addition, EU trade regulations facilitate the assembly production
pattern by favouring re-imports in terms of customs and tariffs.
Weak bargaining power of local producers/suppliers vis a vis
multinational enterprises that source from them means that subcontracting
(particularly assembly) arrangements that are highly mobile
and fragile with low profit margins and high dependency on the
client are linked with informal and unprotected working conditions.
Besides, national economies are trapped in dead-end roads of
economic development. Whereas in other world regions, some countries
have managed to attract more full-package production and improved
positions within global commodity chains, this region witnesses
an opposite trend of down-grading supply chains with only the
assembly operations taking part there, which has the described
social impacts.
This form of informality clearly shows that informal employment
is subsidising the formal economy and that formal and informal
employment can only be understood in their mutual linkages and
correlations.
When it comes to strategies, the report tries to transcend
a focus on evasion of taxes or social contributions that would
lead to a simplistic policy dichotomy - whether or not to tighten
legal enforcement, or whether or not to raise taxes. Informality
indicates that major policies and legal and institutional frameworks
often do not correspond with the socio-economic realities, such
as people's strategies to cope with poverty. Moreover, intensive
informal labour relations show that economic practices may depart
considerably from the regulatory/legal/institutional system.
This is not to say that institutions and regulatory frameworks
would not exist and function. The interlinkages between legal
and economic relations, between regulations and their de facto
impact need to be better understood. Only then meaningful strategies
for formalisation and decent work be derived that would not
be detrimental to the employees involved.
Organisations to represent employees/workers in the informal
economy are crucial to formulating strategies. In the region,
only few organisations exist. Among trade unions that are present
in the formal sector awareness is growing. However, informal
employment still creates a challenge to the labour movement
around the world and particularly in the region. Trade unions
in the region could learn from existing organisational efforts
in the informal economy such as Homenet and Streetnet and their
member organisations.
Together with organisations in the informal economy, the concept
of an employment-based definition of decent work needs to be
operationalised in terms of the concrete labour standards to
which it makes reference. For workers in garment and sportswear
supply chains, a set of labour standards derived from basic
ILO-conventions has been developed (7)
that is widely accepted by labour and multi-stakeholder initiatives
worldwide.
The importance of global supply chains for the region and the
prevalence of informal work arrangements suggests that strategies
for decent work should and can use a supply chain approach.
As practised by multi-stakeholder initiatives in the garment
sector (8), these
strategies should comply with the following requirements:
-
Certain labour standards must be implemented
and verified for all workers that are involved in the production
of a good or service regardless of their legal relation to
the marketing company; i.e. the entire supply chain including
home-based seamstresses under subcontracting arrangements
must be covered.
-
The verification of these standards must
be independent; that is ensured through the inclusion of different
stakeholders such as trade unions, NGOs, employers' and sectoral
organisations and governmental institutions.
-
Local organisations must be included in the
verification and implementation process.
-
Multinational marketing companies must develop
their own social management system according to accepted best
practices to ensure the constant implementation of labour
standards in their entire supply chain.
Lastly, openness of relevant actors and diversity in ways and
strategies according to the concrete employment situations are
decisive preconditions for any successful endeavours towards
decent work in informal economies.
Notes
-
The abbreviation CEE/CIS (Central and Eastern
Europe, the Commonwealth of Independent States and the Baltic
States) stands for Central European countries, the Baltic
(Poland is sometimes considered a Baltic state and sometimes
subsumed under CEE) and other former Soviet republics including
the Central Asian, the Balkans/Southeast Europe including
former Yugoslavian countries and Albania. Contact: FON/FAX:
0049-2103-63375, B.Musiolek@knuut.de
-
-
This perspective excludes illegal (in terms
of penal code) activities such as trafficking in women.
-
Among the terms used in the international
discourse on global commodity/value/ supply chains for assembly
arrangements are "Outward Processing Trade", "Cut-Make-Trim"
(German: "Passive Lohnveredelung"). In the region,
the terms "Lohnsystem" (Lohn = German for wage)
or "Ishleme" (Turkish for embroidery, but names
any assembly production) are used.
-
Among the estimated 10,000 garment production
shops in Romania, only a few dozens are organised by trade
unions.
-
Trade unions estimate, that 60% of women workers
in the sector are single mothers or the sole family "breadwinner".
-
It comprises the core ILO conventions and
additionally the right to a living wage, a maximum weekly
working time and overtime, the right to an established employment
relationship and decent occupational health and safety - as
stipulated in ILO conventions.
-
Such as the Dutch Fair Wear Foundation.
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