The recent congress of the TUC, which took place form 7-10 September, reaffirmed the TUC’s support for repealing all legal restrictions on the right to strike.
The resolution can be read online here. The full text is below.
Congress has passed resolutions along these lines for the past several years. There is no doubt that supporting the repeal of all anti-union laws is the clear majority position of the UK labour movement.
There is a gap, however, between passing the resolutions, and acting on them. Both the TUC and its affiliated unions must do much more to promote this policy, including organising demonstrations and other direct actions to press our demands of the government.
C04 Strengthening the Employment Rights Bill
Comprising Motions 17, 18 and 19 and amendment
Congress notes the Employment Rights Bill introduced by the new Labour government to strengthen the rights of workers in the workplace.
We welcome real improvements to workers’ rights and conditions, including the commitment to repeal some of the most recent Tory anti-union laws, such as the Minimum Service Levels Act 2023 and the undemocratic ballot thresholds introduced by the Trade Union Act 2016.
This Congress welcomes the specific seafarer protections included in the Employment Rights Bill and congratulates this government on seeking to deliver a generational shift in UK maritime employment protection.
However, many anti-union laws continue to limit workers’ ability to organise, take action and win improvements through collective strength – especially the continued ban on solidarity action.
There is also insufficient commitment to strengthening collective bargaining, which is vital to reversing the long-term decline in wages and conditions. The Bill further leaves dangerous loopholes around ‘fire and rehire’ practices and zero-hour contracts that employers will continue to exploit. Congress is concerned about delays in implementing even the reforms promised.
Congress notes that the Labour government informed the POA they do not intend to restore the right to strike for prison officers in England/Wales or Northern Ireland and they are prepared to defend Tory legislation in the European courts.
This was after the general secretary of the TUC wrote a letter offering a potential way forward on a without prejudice basis to ascertain whether agreement could be reached with government and employers that would mean there was no need to rely on Section 127 of the Criminal Justice Act 1994 which restricts prison officers from taking any form of action.
Offshore employment contracts persist in the shipping industry and have the effect of denying many UK resident seafarers full UK employment and social protections. These issues are compounded by the widespread use of ‘flags of convenience’ (FOCs), which undermine good governance and effective control of ships by bona fide flag states such as the UK.
Congress therefore calls on the TUC to:
i. draft a comprehensive workers’ rights package including:
– immediate repeal of all anti-union laws
– a full ban on ‘fire and rehire’ and zero-hour contracts
– a £15 per hour minimum wage with no age exemptions
– a statutory right to collective bargaining for all workers
ii. coordinate a national campaign, including opposition to austerity and industrial action if necessary.
Congress condemns government for not exploring potential avenues of agreement with TUC intervention and Congress vows to continue the campaign to bring government to the table for negotiations that prison officers lack the basic human right to withdraw their own labour on a without prejudice basis.
Congress calls upon the TUC General Council to support Nautilus International’s and RMT’s campaign for:
a. delivery of legislation that will support and protect the employment of UK resident maritime professionals through the enaction of cabotage and/or domestic employment quotas that will help revitalise coastal communities and regenerate coastal community wealth building
b. a review of ‘offshore employment’ practices to ensure UK seafarers benefit from full UK employment and social protections
c. the enforcement of Articles 91 and 94 of UNCLOS, which mandate a ‘genuine link’ and ‘effective control’ of ships to eradicate flags of convenience and to seek to tackle this on the international stage
d. the strengthening of the Employment Rights Bill (ERB) Mandatory Seafarers Charter to contain further protections and provisions including holiday and sick pay, pensions and crewing levels, as pledged by Labour.
e. the fullest possible application of the ERB for seafarers.
These actions are essential to promote employment of UK seafarers to ensure better regulation and enforcement in the shipping industry and decent working conditions for all maritime professionals, including ratings.
Mover: POA
Seconder: Bakers Food and Allied Workers Union
Supporters: Nautilus International, National Union of Rail, Maritime and Transport Workers
Free Our Unions 