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View Full Version : Tories: Give up your rights for shares



GiantMonkeyMan
9th October 2012, 13:05
George Osborne revived controversial plans to dilute employees' rights by announcing that workers will be offered shares in their companies in return for giving up their legal rights at work.

From April next year, companies will be able to offer existing staff between £2,000 and £50,000 in tax-free shares if they surrender their rights to claim unfair dismissal, to redundancy pay, to request flexible working and time off for training. Women on maternity leave would have to give 16 weeks' notice of returning to work, rather than eight weeks as at present. In return, these workers would not pay capital gains tax on any rise in the value of the shares when they sold them.

New firms could make such contracts compulsory. People working for existing firms could not be forced to sign them – but new recruits could be made to, under legislation to be rushed through Parliament. Workers who gave up their employment rights would not be able to change their minds and exercise them in future unless their employer agreed.

The Chancellor hopes that hundreds of thousands of workers will become "employee-owners", mainly in fast-growing small- and medium-sized businesses which want a motivated and flexible workforce.

Mr Osborne's plan is a variation of a proposal recommended to Downing Street by Adrian Beecroft, the venture capitalist and Conservative Party donor, whose idea of allowing firms to "fire at will" without fear of an unfair dismissal claim was blocked by the Liberal Democrats. But Nick Clegg's party now supports the revised proposal because it is voluntary and advocates employee share ownership. Significantly, Mr Beecroft welcomed Mr Osborne's announcement, saying: "This is a creative and exciting version of proposals that I made in my report. This is a significant step towards rebuilding Britain's enterprise culture and is a real shot in the arm for Britain's entrepreneurs."

But unions accused the Government of implementing the shelved Beecroft report by the back door. Brendan Barber, General-Secretary of the Trades Union Congress, said: "We deplore any attack on maternity provision or protection against unfair dismissal."

Paul Kenny, of the GMB union, added: "George Osborne, the man who is giving a £40,000 windfall to each of the millionaire elite, has announced more attacks on the least well-off in our society and on workers' rights. Slashing people's employment rights under the guise of ownership schemes won't create jobs and it won't create growth."

Some business leaders warned that take-up of the scheme could be limited. Treasury sources admitted that big companies were unlikely to offer shares but estimated that the tax relief could cost £100m by 2017-18, based on between 50,000 and 75,000 "employee-owners" selling shares each year.

John Wright, an employment law expert, said: "You can't agree to forgo your discrimination rights. If employees volunteer for this scheme, they could still take a case for race, age or sex discrimination." He said he feared some people would feel coerced into volunteering for the conditions.

Mr Osborne unveiled his surprise move in his speech to Tory delegates in Birmingham. He also raised the prospect of further spending cuts on top of the £16bn he has pencilled in for 2015-16, saying "more hard choices" would have to be made this autumn.

There will be intense negotiations with the Liberal Democrats ahead of his autumn statement on 5 December, as the partners seek a trade-off between the £10bn of welfare cuts demanded by the Tories and the higher taxes on the rich sought by the Liberal Democrats. Mr Clegg is unlikely to back controversial cuts such as removing housing benefit from under-25s.

Mr Osborne ruled out the temporary wealth tax and the "mansion tax" on homes worth more than £2m proposed by Mr Clegg. Mr Osborne said that would amount to a "homes tax" and the Tories, as the party of home ownership, would "have no truck with it".

The rights stuff: how it would work

Under the terms of the voluntary agreement, companies would be able to give employees shares in their business if, in return, they gave up a raft of employment rights. To encourage the scheme, no capital gains tax would be charged on any profit from the shares.

Employees would be given between £2,000 and £50,000 of shares, but would have to give up their rights to claiming unfair dismissal, redundancy, flexible working and time off for training. Women would also be required to provide 16 weeks' notice of a date of return from maternity leave, instead of the current eight weeks.

Legislation to bring in the new-type contracts will come in later this year, with companies able to use them from April.

Seriously what the fuck. It's like a Randian wet dream or something.

http://www.independent.co.uk/news/uk/politics/osbornes-new-jobs-offer-give-up-your-workplace-rights-8202947.html

Dennis the 'Bloody Peasant'
9th October 2012, 15:27
George has out done himself with this conference, Tories couldn't be more anti-worker than if they donned a top hat, sipped sherry and openly whipped chimney sweeps on stage to rapturous applause and table banging.

The Idler
9th October 2012, 16:15
Workers will lap this up. I can see it being as popular and short term as Thatchers idea to sell off council houses. Expect "stakeholder economy" to come back as a buzzword. Funny how One Nation Labour and Tories can just swap ideas now.

bricolage
9th October 2012, 17:21
Workers will lap this up.
I don't know why you are so sure of this.
What will more likely happen is, like the article says, new firms will start up and make it compulsory.

Vladimir Innit Lenin
9th October 2012, 18:50
There's a real kinda self-defeating stupidity here, and it is thus:

why would you want to sack someone, only to then give them some sort of ownership for the business?

Even if we are not capitalists ourselves, let us pretend for a moment to be thinking of ways to 'fix' capitalism: this is certainly the opposite of fixing it. It's preposterous! You either end up with a lack of labour market flexibility manifesting in a load of unfair dismissal cases costing everyone money (if this isn't agreed to), or you have a huge amount of people sacked by companies....'owning' such companies. It's crazy!

o well this is ok I guess
9th October 2012, 19:14
There's a real kinda self-defeating stupidity here, and it is thus:

why would you want to sack someone, only to then give them some sort of ownership for the business?

Even if we are not capitalists ourselves, let us pretend for a moment to be thinking of ways to 'fix' capitalism: this is certainly the opposite of fixing it. It's preposterous! You either end up with a lack of labour market flexibility manifesting in a load of unfair dismissal cases costing everyone money (if this isn't agreed to), or you have a huge amount of people sacked by companies....'owning' such companies. It's crazy! My brother works for Shaw Cable, which gives stock to employees. One of the conditions is that you can't keep the stock when you're fired.
I assume the same will happen here.

x-punk
9th October 2012, 19:56
I think the reasoning behind it is that the share scheme is a bung to get them to give up their workers rights. Once they have given up their rights employers can sack them when they want without fear of legal action against them. This means that employers can get rid of poor performing staff and replace them with others who could perhaps perform better, increasing productivity and wealth creation in the economy. (or at least thats the spin that the tories and capitalists will want to put on it.)

Right wingers have always complained that these employment laws have gummed up the labour market but like all regulation its a double edged sword. If you have little or no regulation to protect employees (which is effectively what this scheme is proposing) workers will just get further exploited. They will have no job security which means they are more likely to work harder for less. Moreover, they will compete harder against other employees to please the bosses which reduces solidarity in the workplace and lets the capitalists run amok. It really would be a capitalists wet dream. One slightly contradictory point to this though is that when people have security in their jobs they are more likely to borrow and spend increasing economic activity and money velocity through the economy.

However, if you over regulate it will gum up the labour market. Employers will become ultra-cautious about hiring new staff meaning that hiring procedures become protracted and labour allocation slows. Because they cant get rid of underperforming staff and replace them with better performing workers, productivity falls and economic activity slows leading to less wealth creation in the economy and all its trickle down effects such as higher unemployment. I personally dont think we have over regulation in the labour market in the UK. Most jobs come with trial periods where they can get rid of you without repercussions if you arent suitable. This alone should be enough to ensure the labour market doesnt get stuck too much.

However, sometimes it just feels like an impossible balancing act in this fucked up capitalist system. No matter what way you turn some aspect of the proletariat will get screwed by the capitalists.

But as for this scheme, it a terrible idea. It would strip all workers rights away allowing for vast exploitation. Moreover, it would do it at a time when the economy is in a dire state meaning with high unemployment meaning that they could exploit the workers further, really exploiting them like slaves. Also, I would see this as being the thin end of the wedge. If this is allowed to pass and people sign up its just a small step before all workers rights (regardless if you buy shares) will be removed. Typical tory shit.

Vladimir Innit Lenin
9th October 2012, 20:33
My brother works for Shaw Cable, which gives stock to employees. One of the conditions is that you can't keep the stock when you're fired.
I assume the same will happen here.

sorry I mis-understood, I thought it meant give tehm the shares when they are fired.

It's still idiotic. Kinda like co-opting them, except for such small amounts of money that the workers won't really own the business.

It does raise an interesting theoretical question for the left: how great a share of the MoP must someone own to become a member of the bourgeoisie? Presumably the answer is the cut off at the point where rent-seeking activities result in a great enough surplus that selling one's labour is not required to survive, in which case these measures are shown as pointless.

GiantMonkeyMan
9th October 2012, 21:44
I could see situations where the bosses realise that they need to sack a load of people to keep profitability but their redundancy packages are large so they convince workers that the business is doing great, sign them up to shares worth £2000 and then sack them and not have to pay out a larger redudancy.

brigadista
9th October 2012, 21:53
from 14 sept 2012

http://www.independent.co.uk/news/uk/politics/employment-law-reforms-are-attack-on-workers-unions-claim-8139430.html

Employment law reforms announced today by Vince Cable will allow company bosses to “exploit and bully” workers, unions claimed.

The Business Secretary confirmed that controversial “fire at will” proposals have been abandoned but firms are to be given stronger legal protections to pay off under-performing staff.

Workers also face a drastic cut in how much compensation they can win in unfair dismissal cases as part of the shake-up aimed at getting businesses hiring again.

Chris Keates, general secretary of the NASUWT, said: “Whilst the 'fire at will' proposal has been watered down, the remaining proposals represent an unprecedented and unacceptable attack on the employment rights of teachers and other ordinary working people.

”The Liberal Democrats should be ashamed to be associated with the introduction of measures which give employers licence to exploit, bully and discriminate against their workforce.

“However the Coalition seeks to spin this announcement, this emphasises the contempt for working people which pervades the Coalition's policies.”

Mr Cable confirmed that “no-fault dismissal” proposals made in the David Cameron-commissioned Beecroft Report are being dropped after a lack of support for the idea among the business community.

The Liberal Democrat has made no secret of his opposition to the recommendation, which many Tories backed, but aides were keen to stress the controversial proposal was being ditched because there was “no significant evidence” that it would help employers and insisted Conservative as well as Lib Dem ministers were behind the move.

The Business Secretary wants to bolster settlement agreements - where employers can offer under-performing employees a pay off - so they become more widely used to resolve disputes.

Under the proposals if the worker accepts the deal it will become legally protected so it cannot be used later as evidence in any court case or tribunal.

Officials insist the move is fair to employees as they are not obliged to take the offer and also incentivises bosses to come up with a good package, which can include a binding promise of a favourable reference.

Mr Cable will also consult on plans to change the limit on unfair dismissal payouts to a maximum of 12 months' salary or set it at an even lower figure.

He wants to reduce the current £72,300 cap significantly in the hope of encouraging small businesses to start hiring more staff.

The Lib Dem believes the current cap deters firms, particularly small businesses, from hiring because they fear they could be landed with a big bill.

Department for Business, Innovation and Skills' figures show most cases are settled at around £5,000-£6,000 while just 6 per cent receive more than £30,000 and 1-2 per cent receive the maximum payout.

Also among the reforms are plans to giving judges powers to sift through tribunal cases before they reach court to allow them to dismiss weak cases without the need for a hearing.

Paul Kenny, GMB general secretary, said: “The steps being taken here by government, and the 'noises off' about it being easier to sack people, will have a much more profound effect on workers than employers. It will increase feelings of job insecurity and reduce the confidence of workers as consumers to commit to spending.

”Therefore it will have a dampening effect on consumer demand which will in turn further weaken the confidence of businesses who consequently will not take on workers.“

TUC general secretary Brendan Barber said: ”We are very pleased that Adrian Beecroft's proposal to allow employers to fire employees at whim has been ignored. This would have set workers' rights back decades and created huge insecurity in workplaces throughout the country.

“However, reducing payouts for unfair dismissals will let bad employers off lightly and deter victims from pursuing genuine cases. This will feel like another slap in the face following the Government's decision to bring in fees for employment tribunals.

”For all the Government's talk that helping businesses to sack poor performing workers will make them more productive this is little more than a smokescreen to erode hard-won rights. Making it easier for bad employers to get away with misconduct is not the way to kick-start our economy and will not create a single job.“

Mr Cable said he was ”trying to strike a balance“ between helping employers and protecting employees.

”People would feel intimidated if they knew that they could be fired on the spot without good reason and that is why we have said no to those proposals,“ he told ITV1's Daybreak.

”We don't want people to feel insecure, but at the same time small companies have got to feel confident that if they take somebody on they're not going to get caught up in a very elaborate, legalistic, time-consuming tribunal system.“

Shadow business secretary Chuka Umunna said: ”Ministers should be making it easier to hire, not easier to fire people. We are in a double dip recession due to this Government's failed economic policies, not because of the protections people have at work. Instead of adopting a credible plan for growth, this Government is attacking the rights of every employee in this country.

“Sacrificing people's rights at work is not the way to bolster consumer confidence and get our economy moving again.”

John Walker, national chairman of the Federation of Small Businesses said: “We welcome today's announcement because almost half (42 per cent) of our members say employment law is the most difficult area of compliance.

”It shows a balanced package of measures which will help to reduce the fear of taking on staff for small firms.

“It is good news that instant dismissal plans have been shelved. We were against this idea, believing it could create a two-tier labour market and be bad news for worker relations.

”Too many small firms don't take on staff because they fear being taken to an employment tribunal. Other firms fear facing an expensive and lengthy dismissal process. These measures will go some way to addressing the issues, improving the situation for both employers and employees alike.“

Adam Marshall, director of policy at the British Chambers of Commerce, said: ”Employers will be encouraged that the Government is taking steps to reduce the burden of the employment system and create a more flexible labour market.

“Dismissal is always a last resort, but is at times necessary to protect a business and other members of staff. The fear of malicious tribunal claims and an unnecessarily antagonistic dismissal process has a chilling effect on employment.

”We would urge the Government to move swiftly from consultation to implementation on settlement agreements and lower tribunal awards, as these proposals will boost confidence whenbusinesses on the ground can see them in action.“

RebelDog
10th October 2012, 07:19
The fear of malicious tribunal claims and an unnecessarily antagonistic dismissal process has a chilling effect on employment.

How the fuck can sacking people be anything other than 'antagonistic'? Is getting the sack now to be a happy occassion for workers?