In Spain, self-employed workers can join associations and organizations that represent their interests, such as the Union of Professionals and Self-employed Workers (UPTA) and the Association of Self-employed Workers (ATA). These associations aim to defend their rights, improve working conditions and facilitate access to legal and financial resources. However, unionization of self-employed workers has limitations compared to salaried workers, as they do not have the same collective bargaining or strike rights as traditional employees.
This places them at a serious disadvantage compared to their counterparts, the employed workers, and completely defenseless in the face of the State, oppressor of this working class, which oppresses them without the possibility of defending themselves, due to their actions.
Massachusetts, US, voted to become the first state to do so allow self-employed drivers to join trade unionsWBUR reports: Because these freelancers are classified as independent workers, the federal law giving employees the right to unionize does not apply to them. With the passage of this bill, Massachusetts is the first state to grant ride-hailing drivers the ability to collectively negotiate working conditions.
Supporters said the ballot measure ”could provide a model for other states to allow Uber and Lyft drivers to unionize,” informs Reuters“and inspire organizing efforts across the United States.” Roxana Rivera, assistant to the president of 32BJ SEIU, an affiliate of the Service Employees International Union, which had campaigned to pass the proposal, said its passage shows that Massachusetts voters want drivers to have meaningful control against the growing power of app-based companies… Massachusetts vote was the last front in a years-long battle in the United States over whether rideshare drivers should be considered independent contractors or employees entitled to benefits and wage protections. Studies have shown that using contractors can cost companies up to 30% less than employees.
Uber and Lyft drivers, of whom there are about 70,000 in Massachusetts, do not have the right to organize under the National Labor Relations Act… Under the Massachusetts measure, drivers can form a union after gathering the signatures of at least 25% of active drivers in Massachusetts, and companies can form associations to allow them to negotiate jointly with the union during state-supervised talks.
But The Boston Globe notes that the measure” supporters of divided workers in Massachusetts, some of whom fear it would actually be a step backwards in the long fight to advance the rights of independent workers.” These concerns have led the state’s largest labor organization, the AFL-CIO, to remain neutral. According to the SEIU 32BJ initiative and the International Association of Machinists, allowing drivers to unionize, even if not as full employees, will help provide urgently needed protections for workers and improved wages and safety standards.
What are the key differences in unionization rights between self-employed workers and traditional employees in the gig economy?
Interview Title: Navigating the Gig Economy: Unionization Rights for Self-Employed Workers
Editor (Time.news): Welcome, everyone, to another insightful interview segment with our featured expert today, Dr. Aurora Fernández, a labor rights advocate and professor specializing in the gig economy and worker rights. Dr. Fernández, thank you for joining us.
Dr. Aurora Fernández: Thank you for having me! I’m excited to discuss these crucial issues regarding self-employed workers and unionization.
Editor: In Spain, self-employed workers can join associations like UPTA and ATA that advocate for their rights. However, they still face significant limitations compared to salaried workers. What are the primary challenges self-employed workers encounter in terms of unionization in Spain?
Dr. Fernández: Absolutely. The primary challenge stems from the fact that self-employed workers lack access to collective bargaining and strike rights, which fundamentally weakens their negotiating power. The legal framework in Spain doesn’t provide them with the same protections afforded to traditional employees, leaving many at a severe disadvantage. This lack of representation can lead to exploitative practices, as self-employed individuals often find themselves defenseless against unfair treatment.
Editor: That’s a concerning situation. On the other side of the Atlantic, Massachusetts recently took a significant step by allowing ride-hailing drivers to unionize. How does this landmark decision change the landscape for gig workers in the U.S.?
Dr. Fernández: It’s a monumental shift! Massachusetts has set a precedent that could inspire similar policies in other states. By allowing ride-hailing drivers to form unions, it provides them with a platform to collectively negotiate their working conditions, which is crucial in an industry often dominated by large app-based companies. This will potentially lead to better pay, working hours, and overall treatment of gig workers.
Editor: Supporters of the Massachusetts bill claim it could serve as a model for other states. What impact do you foresee this having on the self-employed landscape across the U.S.?
Dr. Fernández: I believe it could spark a wave of organizing efforts nationwide. As more states see the benefits of allowing gig workers to unionize, there may be a push for broader changes regarding labor rights for self-employed individuals. An increase in collective action could transform the gig economy into a more equitable space, pushing policymakers to reconsider the classification of gig workers and the protections that should accompany those roles.
Editor: It seems many self-employed workers feel they lack control, especially in the face of increasing corporate power. How can organizations like UPTA and ATA in Spain, or unions like 32BJ SEIU in the U.S., amplify the voices of self-employed workers?
Dr. Fernández: Organizations and unions can provide critical support by engaging in advocacy and raising awareness of the rights and struggles of self-employed workers. They can also offer resources, training, and legal assistance to empower workers to understand their rights and navigate the complexities of their jobs. By uniting self-employed individuals, these organizations can help amplify their collective voice, pressuring governments to enact better legislation and protections.
Editor: With the growing trend towards gig work, what do you think the future holds for self-employed individuals in terms of rights and protections?
Dr. Fernández: If the momentum of recent legislative changes continues, we could see a future where self-employed individuals enjoy greater rights and protections similar to those of salaried workers. There’s a growing recognition of the need for fair treatment in the gig economy, and I am hopeful that with increased advocacy and collective action, we can work towards a more equitable labor market where all workers—regardless of employment status—have a voice and are protected.
Editor: Thank you, Dr. Fernández. It’s been enlightening to hear your perspective on these important issues. Here’s hoping for a more equitable future for all workers.
Dr. Fernández: Thank you! It’s been a pleasure to share this discussion.