Pracujesz na umowie śmieciowej? Możemy pomóc!
On December 17, the first hearing in a lawsuit against Roche Polska took place. (An earlier hearing was postponed.) The IT worker is suing to have his employment status recognized, be reinstated at work and to get compensation for lost benefits. The employer had been using third parties and outside firms to pay the workers, even when the outside firm had nothing to do with the work done. Such firms served only to be an intermediary and to pay the workers. The company then did not give them benefits nor did they give them any of the guarantees workers have under the Labour Code.
At the beginning of the hearing, the lawyer for Roche proposed to settle and pay the worker damages of 40,000 zloties (around 10,000 euros) if he would waive any further claims. He did not agree to this and continued with the case.
Two witnesses were heard: one is a current employee of the firm, another a former employee. Both IT workers were employed to work at Roche through the outside firm. The first witness testified that he had his work interview at Roche. There he learned about the work conditions, pay, etc. and was told he would be hired. But then Roche told him he had to work for another guy and sent him to him. Then he never even had any contract with this outside firm. He worked the whole time at Roche. Another witness, who worked through the same firm, but then had a contract directly said that he saw no difference between his work at the company and as a contractor, except that the direct employees were invited to company parties and received benefits. Both worked in the same place set by Roche and carried out the tasks set by their supervisors at work. The firm which supposedly was there to give them work never supervised or even was aware of the work of „its” workers and there was no contact with that company and the workers at the Roche office. Both of the workers had seen the owner of that company only once.
Teachers went on strike in Slovakia last week, demanding a 10 percent pay raise. Such a demand is more than justified. We carry out important work but the remuneration is hardly enough to allow for a comfortable life. The teachers said that they would strike til the end, until they got this raise.
We praise this attitude, to fight to improved work conditions and to use such action to force change. However the main union quickly showed that it was afraid and felt in a weak position. Talk about 5% raise and they were ready to call an end to the strike.
On Nov. 23, ZSP held a picket in Warsaw at the Agency for the Development of Industry about the death of a 26 year old worker at HI Logistics, part of LG Electronics at the factory in the Special Economic Zone in Biskupice Podgorne, near Wroclaw. The comrades pointed out that the worker was crushed while operating a forklift, which he had no license or training to use and that such work was not covered in his work contract. He was working at the factory through a temporary work agency.
ZSP demanded that the Agency, which oversees the zone, take responsibility for what is going on there.
People can send protest mails to the temporary agency, Max Power, or to LG, which owns HI Logistics.
Max Power Sp. z o.o. ul. LG 1, Biskupice Podgórne 55-040
Protests to: praca@max-power.com.pl
Fax. 48 71 790 00 11
ul LG Electronics 1-2 Biskupice Podgorne, 55-040
fax: 48- 71 770 50 09
FAX: 48-71-792-9405
wroclaw@lge.com and
HR Department
lge.wroclaw@lge.com.
We are writing to express our outrage about the poor safety standards and use of improperly trained staff at the Hi Logistics Factory. We demand that all workers undergo the appropriate training for the equipment they are handling and are ensured proper safety conditions. Stop cutting costs on workers or we will stop buying your products!
On November 14, members of ZSP took part in various actions in solidarity with November 14 strikes, calling for radicalization of the workers' movement in Poland.
In the morning we visited the symbolic protests of mainstream unions. Despite the fact that 3 of the 4 largest unions in Poland (representing 1.6 million workers) protested, there was almost no rank and file participation, with the largest protest being only 250-300 people, mainly professional activists. The unions simply handed in a protest to the Ministry in Labour and the head of OPZZ told that crowd that striking would be illegal. Of course we have another opinion of what needs to be done and call on workers to fight.
As fighting words fall on deaf ears when it comes to union bureaucrats, leaflet actions were also made separately. In Warsaw there was an informational action related to the educational strike as well.
In the evening, a group of people from ZSP plus a few comrades from the Anarchist Federation and other sympathizers gathered in front of the Presidential Palace for a rally. People spoke about the need to struggle, especially in these times. The lack of militant workers' protests in Poland was almost lamented and one comrade noted that this lack of militancy was also due to over 20 years of shock therapy imposed on the people. Another comrade told about how there were a large number of finanical-related suicides in Poland.
On Oct. 10, a suit against Roche Polska was scheduled to begin in Warsaw. Unfortunately for our comrade, who has been waiting all year for his case to begin, it has been postponed. J. is suing the company to be reinstated at work and receiving all benefits he lost while being fictitiously self-employed at the corporation.
( More information about the case )
Despite the fact that the case was postponed, people who had not been informed showed up at the court, so a picket was held outside. There we explained to passersby why we were fighting. There was also a harsh criticism made on both the attacks on the labour law and the problems that workers have bringing their cases to court - a perfect example of which we faced that day.
On Oct. 10, a case against the corporate giant Roche comes to court. If won, it would be a precedent for a large category of discrimated workers who are denied social benefits.
The case relates to IT workers at Roche Polska who were not given regular employment contracts. Instead, they were falsely hired as "independent contractors" or through businesses not licensed to operate as work agencies. However, they had to work as regular employees, therefore, we are claiming that a work relation actually existed with Roche, even though they deny this. By denying this working relationship, the workers were also denied benefits such as paid vacation, sick leave, maternity or paternity and social security benefits.
Roche Polska's lawyers defend the company with some incredible claims, such as that nobody forced them to work in the office, they could leave or take off whenever they wanted and, if somebody came in from 9-5, it was only because they themselves decided that.
Earlier in the year, Roche also announced that it would outsource IT work in Warsaw and Madrid. Now they pay an outside company intermediary fees just to try to make sure that no IT people claim they work for them!
On Oct.6, members of ZSP held an informational picket about the situation in Warsaw museums which are threatened with closure due to budget cuts. The picket was held near the Technical Museum, which is an example of one institution which may be closed. Besides museums, other cultural and educational institutions are ready to be liquidated: theaters, a chamber opera, libraries, schools and pre-schools. Hundreds of workers can lose their jobs. In the meanwhile, the city wastes money in many other area.
Besides the picket an open meeting / discussion was held the next day.
Thousands of workers in the Polish IT Sector have failed to find the well-paid jobs and instead face the realities of a sector full of precarious working conditions.
A number of problems exist in the sector.
The first is the outsourcing and insourcing of work. The company avoids direct contracting of the workers. Instead, the use the services of outside companies, known in the industry as „peddlars of human goods”, which act as intermediaries take a good percent of the money spent on the workers. Companies have less responsibility towards these workers and do not have the same obligations towards them as towards permanent employees.
On Sept. 29, the largest demonstration in years took place in Warsaw. Although it turned into something of a general „opposition” protest, it was initiated by the CatholicTV station Trwam and was joined by Solidarity, which mobilized around 30,000 people from all of Poland. Below is a brief analysis of such protests in Poland and why we feel it is so important to go into the streets with another message.
While the economic crisis is hitting working people and the tiny middle class in Poland with tremendous force, the right, including the far-right, are making huge headway in society, mobilizing people into a reactionary movement. Instead of any real analysis of the economic and political forces behind the current situation, the current rulers are blamed, leaving the postulates of capitalism untouched. While great parts of society are alienated, they feel hopeless to do anything. They then become mobilized by issues such as national pride or religion. However much of the real frustration relates to the social exclusion of large layers of society, especially the elderly and the poorer working class.
On September 26 there were different types of informational activities in support of the striking workers in Spain and Greece and calling for action in Poland. On this day, comrades from the CNT-AIT were striking in the Basque and Navarre regions and organizing protests in support in various cities.
Early in the morning posters were put up, including at the Spanish Embassy. In the afternoon, leaflets were handed out in several places. Towards the evening, some places were visited, such as the Cervantes Institute or the main press agency. There was a stationary informational action and then a small walk downtown with banners.
