The Age
http://www.theage.com.au/news/20000217/A22555-2000Feb16.html

Put free riders on employee entitlements out of business

KENNETH DAVIDSON
Thursday 17 February 2000

LET us not mince words. The use of employees' accumulated holiday, 
long-service, redundancy and other statutory entitlements by directors of a 
company is in the nature of an unsecured loan obtained without the 
knowledge or permission of the lender.

Company directors should have no right to access these entitlements to 
improve the cash-flow position of the company.

The money representing these liabilities of employers to their employees 
should be deposited in a trust fund as soon as they accrue, in the same way 
that companies are expected to pass on the PAYE income tax deduction to the 
Tax Commissioner, the compulsory superannuation levy to the relevant 
superannuation fund and their workers' compensation insurance premiums to 
the relevant insurer.

Compulsion overcomes the problem of the free rider.

All companies have to contribute in proportion to potential liability. 
Start-up companies would have very little liability, because even if they 
go bust there will be little liability for redundancy payments.

Industry trusts, managed jointly by employers and employees, can accumulate 
capital, invest and earn income, which down the track can be used to 
improve entitlements and allow employees in industries and occupations with 
high staff turnover to accumulate long-service leave.

Such a fund has already been established for eight years in the cleaning 
industry in Victoria. This overcomes the problem that most cleaners spend a 
lifetime in the industry, but their employment is based on short-term 
contracts. The fund ensures their long-service leave entitlements are portable.

Less than a quarter of employees access long-service leave now. The 
proportion will be even less as security of tenure disappears from 
industries and occupations such as financial services, where until recently 
a white-collar job in a bank or an insurance company was a lifetime career, 
and the public service, health care, teaching and the universities, where 
permanency - once paraded as a virtue promoting professionalism - is now 
seen as a barrier to maximum efficiency.

Economic security retreats with the advance of labor-market flexibility and 
globalisation. Even if the siren promise of full employment is met, growing 
inequality combined with widespread insecurity is likely to lead to social 
tensions that will undermine the narrowly defined prosperity promised by 
the economic rationalists.

Workers live in an age of insecurity and corporate amorality. Labor-market 
mobility is considered a virtue and tenure a vice. Even worse, there 
appears to be no approbation attached to the behavior of company directors 
who switch their employees into shell companies without the resources to 
meet accumulated worker entitlements, sack the employees from the shell 
company and offer the sacked employees the same jobs, at the same machines 
but sans their entitlements, because they are legally employed by a 
completely different company.

At least the failure of National Textiles can be put into the category of 
miscalculation. They hung on because they thought they would get the 
contract for the Olympic Games uniforms. They didn't.

The decision of National Textiles directors to use the savings offered up 
by workers last year to increase their own pay is not unusual in principle. 
It is now considered good management to boost profits by downsizing, and 
director and CEO remuneration reflects this.

The highly respectable banks cut 15,000 staff last year to generate record 
profits, which justify obscene remuneration for those at the top despite 
the adverse impact of downsizing on customer service.

Under Reith's scheme, an employee with 15 years' service would get 16 
weeks' pay compared to 43 weeks' redundancy pay from a company that made 
proper provision for worker entitlements.

It has been suggested the problem could be solved if the limited liability 
of company directors for the debts of a bankrupted company were to be 
revoked in the case of worker entitlements, as is the case with tax 
liabilities. Very few companies now go bankrupt owing accrued tax 
liabilities. But a destitute worker is a less terrifying creditor than the 
Tax Commissioner.

The ACTU has put forward a sensible proposition. The superannuation levy 
should be raised by 0.1per cent, which would raise $160million a year from 
all employers. Together with the $50million already promised by the 
Government under the Reith proposal, that should provide enough money to 
meet the claims of those whose past entitlements for long-service and 
redundancy payments are still unmet, as well as ongoing claims.

Industry-based trust funds, managed jointly by employers and unions, would 
overcome the "free rider" problem after the backlog of entitlements is met. 
To the extent that labor-market mobility is a good thing, the trust funds 
would also have a positive impact on labor productivity as long-service 
leave would become portable in the same way as superannuation.

But in the medium to long term, the big advantage of industry trust funds 
to manage redundancy payments is that they could become self-funding.

Kenneth Davidson is a staff writer.E-mail: [EMAIL PROTECTED]

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