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MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

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Page 1: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

MAARK:Working against temporary contracts

in Norwegian Archaeology

Tine SchenckLegal counsel, MAARK

Page 2: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Norwegian labour force structure

Tripartite system:

Employer- Negotiating power

Employee- Negotiating power

Organisation (Unions)- Key players in legal

structuring: collective agreements.

- Collective negotiating power- 66 % organisation rate

Contract

Page 3: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Legal base:

- Working Environment Act- Civil Service Act- Individual contract

- Creates a flexible contract situation regarding wages, working hours, schedule, duties: All negotiable

Norwegian labour force structure

Page 4: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

The employee shall be permanently employed. Access to temporary contracts restricted to:

“the work differs from that which is ordinarily performed in the undertaking” or

Working Environment Act

“is needed only for a limited period or to carry out a specific assignment”

Civil Service Act

Norwegian labour force structure

Page 5: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Percentage of temporarily employed in Norway, overall:

9,75 % (Statistics Norway)

Percentage of temporarily employed archaeologists in Norway:

62 % (DISCO 2014)

The use of temporary contracts in Norwegian Archaeology

Page 6: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

1) Archaeologists work for official government

2) The number of archaeologists outranks the number of jobs

Archaeologists are afraid to not get work: accepts employers terms

(General unemployment: 3.3 %Archaeological unemployment 29 %)

Problem

Page 7: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Average number of months per year in working activity:

8,5 months (MAARK’s own surveys 2011 & 2012)

“…the work differs from that which is ordinarily performed in the undertaking”

Page 8: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Sub-group to the Norwegian Association for Researchers (Forskerforbundet/NAR)Association for temporarily employed archaeologists in NAR

MAARK

Focus: Battling temporary contract use and improving working conditions for temporarily employed archaeologists

Page 9: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

2007: Constitution. Membership. Local clubs. Newsletter.

2010: Official integration in NAR. Central restructuring: Board (12+4 reps) and general assembly. Individual restructuring: Members organised with NAR.

MAARK: Organisation

Page 10: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Independent, subject-specific, political counsel to the NAR trade union.

Consultative body in political hearings regarding archaeology and cultural heritage management

MAARK: Role

Takes action in relation to temporary employment issues: Meets employers, local and central government.

Page 11: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

MAARK-members: On average 3-4 contracts per annum with 2 employers.More than half has experienced at least one < 2 week contract in 2011.

Provides counsel to members without relation to local union reps. Directs members to legal/admin expertise.

MAARK: Role

Page 12: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Keeps track of the archaeological labour market:- Yearly member survey- Contributes funding to the DISCO 2012-2014

project- Maintains contacts with local union reps

Educates members on labour law and collective rights (seminars, meetings, newsletters)

MAARK: Role

Page 13: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

“When a farmer runs his farm, it is an ordinary undertaking. But when the strawberries are ripe, he must hire people to pick the berries. He does not have the time to do it himself, and he cannot hire them on a permanent basis, even if the same phenomenon occurs every year. The same goes for excavations.”

Museum director, 20/9/10

Page 14: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Strawberry season vs archaeological season

Page 15: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Autumn 2010: Petition against temporary contracts in archaeology

1/2-2011: 450< signatures presented Minister of Research and Higher Education

Milestones

Photography: Forskerforum

Page 16: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Summer 2011:First member- and employer survey conducted.

Milestones

Page 17: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

2011: The level of temporariness amongst archaeologists gets news coverage in sector based media

2011:MAARK is included as official consultative body in cultural heritage issues

Milestones

Page 18: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Summer 2012:Second member survey

Milestones

Page 19: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Summer 2013:News coverage in 3 national media

Milestones

Page 20: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Political activities:Working towards meeting at Ministry level

Establishing regular meetings with employers

Campaign:Brain Flight The loss of competence in cultural heritage due to temporary contracts

Current foci

Page 21: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Member activities:- Increasing presence locally and in workplaces- Continuing education and information- Continuing and increasing member support- Yearly member surveys

Long term aim:Becoming ARK – Association for all archaeologists in NAR

Current foci

Page 22: MAARK: Working against temporary contracts in Norwegian Archaeology Tine Schenck Legal counsel, MAARK

Contact:

[email protected]

www.maark.no (Norwegian website)

[email protected]

For more information