Labour Rights Protection from the Gender Perspective in Super/Hypermarkets in Poland

Conclusions from quality research and project outcomes.Marta Gontarska, project coordinator, KARAT Coalition.

The project was supported by OSI and Friedrich Ebert Foundation

Background of the project

• cooperation with the Association of Persons Wronged by Big Supermarket Chains “Biedronka” (eng. “Ladybird”)

• preparation of the report on the observance of the safety and health regulations in 1996-2007 and followed the cases brought to the court by individual ex-employees, mainly for the unpaid over-time hours

• case of a woman working at the position of the manager of one of the “Ladybird” supermarkets

Demand for:• creation the platform that would allow different actors to meet, analyze the

situation and explore the ways for improvement, develop common recommendations as well as advocate for their implementation

• conducting quality research on women’s workers situation in super/hypermarkets in Poland to identify forms of valations of workers’ rights in super/hypermarkets

Women’s workers situation (conclusions from quality research 2008-2009)

• Work in super/ hypermarkets is not considered as highly respected jobs due to:

- low wages - working in shifts and during weekends and holidays- tough working conditions- physical work- bad realtionship with supervisors and management- overwork of employees / too many duties on one position- huge rotation of workers

• Identifying tough working conditions respondents have pointed the following issues:

- bad and uneffective staff management- inflexible schedule and incufficient employment- no brakes during working time- too many duties- stress, overwork, tiredness, weakness which lead to uneffective

work (which is noticed and criticized by supervisors)

Quotations

„Often when I’m coming back home I’m exhausted and hungry, I’m too tired to do anything, but children are waiting for dinner and expecting my help in their homework”;„It’s really hard work. Each day I’m carrying so many heavy things, that I can have enough of it!”;„When I’m going to work I’m still thinking if there will be a possibility to eat something” ; „Often during 8 hour shift we don’t have even a single break”; „Theoretically I have a right to 15 minutes break, but if my supervisor won’t replace me there is no break.”.

Rules of employment

• Fixed contracts:

each company has its own rules reagrding the period and prolongation;

in practice it means: 3 months probation period, then depending on job

seniority the contract is prolonged for one, two, three years (in some

cases even for 5 years); only one women from respondents had a

contract on indeterminate duration.

• From workers experiances working on order contract is also popular,

especially in case of students. This is also well-known practice in work

agencies which deliver workers to super/hypermarkets (outsourcing

strategy); the rate for hour is higher for these workers;

• Full-time job is required by employers.

Working hours, breaks

• Work in shifts:- from Monday till Friday – 8 hour shifts- during weekend and holidays -12 hours working time

• In huge companies 12 hours break between shifts is respected, but in smaller ones the abuses are frequent.

• Due to lack of employees the popular practice is „course of work” – working without day-off. The longest cours is about 20 days without any day-off.

• Changes in schedule is unacceptable, flexibility doesn’t exist, no agree to „emergency situation” (even in specific individual situations like single mother duties)

• Breaks during working time – problems with breaks, request and permission etc.

Sick leaves, child care

• Sick leave is not popular due to:

- loosing relatively big amount of salary;

- fear of dismissal;

- fear of unpleasant comments from supervisors;

- fear of loosing bonuses.

• The rule of „2 days of leave for child care” wasn’t respected, because of lack of workers.

• No kindergardens nor daycare organized by employer. Lack of place for children in public ones.

• Need of organized health servicies like prophylactic vaccinations

Leave

• Leave:

schedule of leaves is fixed at the begining of the year by supervisors;

abuses regarding the unexpected changes in schedule made by

supervisors or managment

• Workers don’t use one day „leave on demand”

• „Forced leave” as compesation for overtime work

• Due to fear of dismissal and supervisors’ pressure women don’t exact their rights.

Quotations

„According to the contract we are obliged to work 40 hours per week, in reality we are working 52 or 54 hours. After each 3 months there is a calculation of overtime and we have days-off. Last time I had 10 days-off. I prefer to receive additional payment rather than unexpected leave.”;„From time to time we are working 20 days without single day-off.”; „I often work on Sunday from 8 am till 9 pm. And than I have to be at work on Monday, 7.30 am.”;„I’m working in monopoly department/section, which is open 24 hours per day. Sometimes during 12 hour working time I don’t have any breaks. My supervisor told me that there was too many clients.”;„When there is many clients we don’t have breaks.”; „Sometimes you are so tired and hungry that you can faint because of exhaustion. It’s huge stress as I’m working on cash register.”; „We need some breaks to relax a bit to avoid mistakes in cashbox.” ;„Yesterday, I had 3 minutes break during 12 hours shift.”;„I was working 5 days, 12 hours each. Than one of the client take a photo of me when I felt asleep over the cash register. My manager made me a row because of that.”.

Salaries - quotations

„I earn minimum wage in Poland [1276 PLN gross wage]. We are in EU and prices are high.” ;„For this kind of job the wages are unacceptable.”;„We have two kids. Me and my husband are working on two posts. Without them I think that I could only sitting and crying.”;„I’m taking odd jobs like distribution of leaflets. It’s hard with four kids.”; „For me it is enough as I’m leaving with my parents and my salary is for my own pleasures.”;„After paying rent and kindergarden my salary is gone.”

Industrial safety rules (1)

• The most frequent workers diseases:• backache, shoulders ache, wrists ache, hip joint ache(due to

heavy duties and faulty equipment)• headache, stomachache (due to stress)

• From respondents’ perspective the company doesn’t feel responsible for their health and staying in good shape.

• Rarely there are some serious accidents at work. Mostly only small ones.

• Respondents underlined the necessisity of frequent services of the equipment and immediate repairs.

Industrial safety rules (2)

• Respondents are aware of obligation to report all abuses and

breaking rules. Unfortunately fear of loosing job and difficulties in

working enviroment are too strong. They have also feeling that it

doesn’t change anything.

• Inspections conducted by National Labour Inspectorate are

planned with supervisors. The managment has enough time to

prepare everything for the inspection. Unexpected inspections are

rare and workers are accused of all derelictions of duties.

Trade Unions

• Lack of knowledge and intrest about trade unions. Only huge companies

have some trade unions, but still quite small and weak. Joining TU is

considered as raise an objection against company. Any respondents could

have explained the rules of functioning TU.

• Research showed that TUs should be obliged to work on workers rights

protection and pushing companies to respect workers’ rights. The most

important is to monitor:– working hours and working time schedule– wages– day-off and leave– breakes during working time– welfare funds– relations between workers and supervisors

• The internal rules of the company exist, but workers don’t know them.

Conclusions

Things/ areas/ issues that have to be improved are the following:

– wages – rise, paying for overtime

– respecting labour rights (including working time)

– existing and working trade unions

– improving relations between workers and supervisors/

managment – respect, kindness, taking into account

hard individual situations etc.

– respect mothers’ rights

– atmosphere between co-workers

– rules of work on each post

– efficient equipment and trainings for staff how to use it

Exercise during the researchMy work today/ My ideal work

MOJA PRACA DZIŚ IDEALNA PRACA MOJA PRACA DZIŚ IDEALNA PRACA

SMUTEK/ ZMĘCZENIE/

BRAK CZASU DLA DZIECI

NIEDOJADANIE

ZŁE KIEROWNICTWO

RELAKS, ODPOCZYNEK

JESTEM PIĘKNA

MAM CZAS DLA RODZINY

POŚPIECH, STRES

CHOROBY, BÓLE, PRZEMĘCZENIE

BRAK CZASU DLA DZIECI

NISKIE PŁACE

DOBRE ZAROBKI

ODPOCZYNEK

SPĘDZANIE CZASU Z RODZINĄ

JESTEŚMY ATRAKCYJNE

WAKACJE

Women at their work are badly treated by supervisors and undervaluated. They are stressed, overworked and they can’t feel any support form managment. They don’t have any free time for their families and for themselves.

The ideal work is safe and well paid. They don’t feel pressure and they can sleep well. They need much more time for their families, for rest and for themselves. They would like to improve atmosphere at work. They dream about going on holidays and feel attractive.

More information

www.karat.org (in recommended)

Contact person: Aleksandra Solik, aleksandra.solik@karat.org.pl

KARAT Secretariat02-521 Warsaw, Poland

Rakowiecka 39A/14tel/fax: +48 22 628 20 03