Posted on behalf of a colleague - please respond to [log in to unmask] 

Dear colleague,

We are pleased to invite you to another seminar in the series entitled ‘People in Construction: comparisons, practices and policies’. This seminar addresses the subject ‘Contracts of employment versus contracts for services?: collective bargaining and the nature of the employment contract in construction today‘ and will be held on Thursday October 28^th, at the University of Westminster, 35 Marylebone Road, London NW1 5LS.

The question posed by this seminar is one becoming particularly urgent given the proposed new EU Services Directive, the problems in implementing the Posted Workers Directive, the increased use of agencies, subcontracting and self-employment, and migration from the new EU eastern European countries. The seminar will include academic, social partner (trade unions and employers) and legal contributions and will conclude with a platform discussion with representatives of employer associations and trade unions focussed on Britain. Speakers include:
·       Jan Cremers (European Institute for Construction Labour Research) on the free movement of workers and the transnational provision of services
·       Ernst-Ludwig Laux (Deputy General Secretary of the German building union IGBau) on the threats to the contract of employment in Germany;
·       Brian Bercusson (Professor of European Labour Law, Kings College London) on the development and nature of the employment contract and the legal basis to achieving equality of employment conditions;
·       Francois Michon, (CNRS Professor, Université de Paris 1) on the segmentation of the labour market, unequal access to employment and the ‘interim’ contract in France
·       Hans Baumann (Swiss building union) on transnational collective agreements as a means to secure employment, drawing on the example of the Alp-Transit tunnel project;
·       Gerry Lean (Construction Confederation) on ‘When does a contract for services become a contract of employment?’

What we hope will emerge from the different contributions is an understanding of:
-       the standard employment relation/contract in construction in Europe and factors undermining this  in particular the use of self-employment and labour-only subcontracting;
-       the possibilities of European bilateral agreements and changes in the role of collective bargaining and the social partners (employers associations and trade unions) in construction today;
-       disparities in development;
-       the specific problems involved in implementing the Posted Workers Directive (especially in Britain) and the implications of the proposed new EU Services Directive.
 
This seminar series is supported by the British Economic and Social Research Council (ESRC), organised with CLR and runs until the end of 2005. It aims to: examine and identify the key levers of social change in the construction industry in Europe, and particularly in Britain; understand and compare the employment of labour, whether operatives, administrative and technical staff, technicians or professionals, male, female or ethnic minority, past or present; provide a forum for discussion of research from different perspectives  social, historical, economic, international and comparative; contribute to the improvement of industrial relations by discussing current issues with relevant policy-makers, the social partners, practitioners and academics; consolidate and extend the network of researchers in cooperation with the European Institute for Construction Labour Research (CLR); and produce a book.

Whilst the British construction industry inevitably features prominently in the debate, the series is intended to be international, with international contributors to each session and participants from mainland Europe also invited.

Together with this letter you will find an outline of the programme proposed so far and devised through discussion with the CLR London Office. The first seminar took place on Thursday, 18th March and was on the theme of ‘Women in Construction’ and was an opportunity to hear some of the contributors to the new CLR book on the subject (details attached). The second seminar, held on Thursday 27^th May on the theme ‘The historical development of labour and the employment relation in construction’, provided an opportunity to assess the development of construction labour in Europe since the end of the nineteenth century. We hope that in the course of the series, organisations and individuals concerned with the themes addressed will become more and more involved and collaborate in the planning of those sessions of particular relevance to them.

We do hope you will be able to attend what promises to be a very interesting day. We have a small budget for travel and may be able to meet the expenses of those coming from outside London or outside the UK who are unable to claim from their own institutions. We ask however that any claims be kept to a minimum and that you confirm with us that our budget will stand up to it. If you would like to attend, please write to me at [log in to unmask] for a registration form. Do be sure to complete this as soon as possible so that we are aware of numbers and so that you will be sent the papers that will be presented. If we are oversubscribed, we may also need to close our list of participants.

Sincerely,

Linda Clarke

ESRC/CLR SEMINAR SERIES: PEOPLE IN CONSTRUCTION
SESSION 3: Thursday 28^th October 2004
University of Westminster
35 Marylebone Road, London NW1 5LS
(opposite Madame Tussaud’s, Baker Street Tube)
Room CG79

CONTRACTS OF EMPLOYMENT VS CONTRACTS FOR SERVICES?: COLLECTIVE BARGAINING AND THE NATURE OF THE EMPLOYMENT CONTRACT IN CONSTRUCTION

10.30   Registration and coffee

11.00   Welcome: Linda Clarke

11.15   Jan Cremers (European Institute for Construction Labour Research),
The free  movement of workers and the transnational provision of services

11.45   Ernst-Ludwig Laux (Deputy General Secretary of the German building union, IGBau), Threats to the contract of employment in Germany

12.15   Francois Michon (Director of CNRS Research on ‘Socio économie du travail de l’emploi et des relations professionelles’, Université Paris 1),  The segmentation of the labour market and the ‘interim’ contract: unequal access to employment in France

1.00    Lunch

2.00    Hans Baumann (Swiss Building Union), Transnational collective agreements as a means to secure employment  the example of the Alp-Transit project 

2.30    Brian Bercusson (Professor of European Labour Law, Kings College London),
The development of the employment contract and the legal basis to achieving equality of employment conditions

3.15    Tea break

3.30    Discussion panel: Contracts of employment versus contracts for services?: the British situation, introduced and chaired by: tbc
-Gerry Lean (Construction Confederation), When does a contract for services become a contract of employment?
-Alan Ritchie (General Secretary, UCATT)
-Nigel Griffiths, MP, Minister of Construction, invited

4.45    Concluding remarks

5.00    Finish  Drinks + nibbles