– the division of the workforce will be harmful in the longer-term
The Oil and Gas branch of the GAWU is of the firm view that murky employment arrangements are contributing to exploitative workplace practices. In reviewing documentation shared with us we have recognised that not many workers were employed by the enterprise they were undertaking their tasks. Rather many workers were employed by agents who assign workers to work at one company or another. We have seen in some instances, workers from various agents working at different companies. Alarmingly, each agent apparently has their own benefits and conditions-of-employment. Thus, workers who are undertaking the exact job in a particular company can have a completely different range of benefits. This on the surface appears discriminatory as workers undertaking the same job should lawfully receive equal benefits and reward. This, however, may be disputed as companies will claim that the employees are not theirs but are merely assigned to undertake certain tasks.
That gives rise to another serious concern. The assigned workers are not receiving direction and supervision from their employer (the agent) but from the firm they are assigned. It begs the question what would happen should a worker be injured or worse yet suffer a fatality on the job. Would the firm assigned accept liability or would the agent claim that it did not give orders to the worker? Additionally, it brings into focus issues of discipline. Ultimately, the employer is responsible for disciplinary actions should it be necessary. In the instance of the agent employment, such workers are not directly supervised by their employers but by a third party who pays the agent ostensibly to act on their behalf. We believe it may well be a case of he who pays the piper calls the tune and agents may not spare a thought to discipline employees at the behest of firms whether such actions are justified or not.
The practice of agent employment, in our view, is an attempt to control workers attitudes and have them hanging by a string possibly with aim to make them subservient. Such relations enable firms to remove employees without rhyme or reason and without any legal link to their enterprise. Such actions maybe an attempt to send a clear message to workers should they wish to speak up and engender, possibly, docility among workers. The fragmentation of the workforce undoubtedly promotes greater division among the workers seemingly to perpetuate exploitative policies. It also constrains workers from becoming organized and being able to secure gains from their coming together.
Indeed, as we indicated before, the situation in the sector resembles what transpired in the sugar industry during the heyday of the plantocracy. Such practices were confined to the dustbin after workers and their genuine unions through struggle and negotiations were able to remove such onerous practices. Similar victories have been recorded in other unionized enterprises as well and we have no doubt it can be repeated in the oil and gas sector. At this time, the GAWU continues to urge workers to reach out to the Union whether online or by visiting our offices.
