Long-term Vision for Improved Working Conditions
Within the construction sector at 3F’s building group, Palle Bisgaard describes the footage of employers assigning unaware migrant workers to handle asbestos without proper instruction or protective gear as ‘shocking’.
He believes that policymakers should take it a step further and implement a chain of responsibility that holds the main contractors of construction projects accountable for ensuring proper working conditions on-site.
“For many years, we have advocated for a comprehensive chain of responsibility that should apply from the main contractor or general contractor down through the chains. The breaches we witness, as shown in the documentary, often occur far down in the chain of subcontractors,” says Palle Bisgaard.
The documentary depicts how main contractors choose to terminate partnerships with subcontractors after DR has exposed the use of illegal labor and questionable working conditions among them.
According to Laust Høgedahl, a lecturer and labor market researcher at Aalborg University, the debate for and against chain of responsibility has been ongoing for years.
The labor movement has long desired it, while employers have typically opposed it.
“The advantage of chain of responsibility is that it forces the main contractor to effectively supervise its subcontractors. The argument against it is that main contractors cannot be held legally liable if there are some bad actors committing legal violations far down the chain,” he explains.
Dansk Industri’s Response
At Dansk Industri, which represents major main contractors, Mette Møller Nielsen, Head of Occupational Health and Construction, also distances herself from the conditions revealed in the documentary.
However, she does not believe that chain of responsibility is the solution because the law already dictates that the construction project owner is responsible for ensuring that conditions are as they should be.
“We have a labor law that already states that what we have seen in the documentary is not compliant with the law. So there is a basis for enforcement,” she says.
Overall, Dansk Industri is concerned about the Danish Parliament’s plans for the so-called contractor stop, which could shut down an entire construction site when there have been repeated violations.
“It is proposed that if one contractor does something wrong, it can affect the entire construction site. It can have consequences for you based on what completely different individuals in a completely different company do,” she says.
Likely Insufficient on its Own
Labor market researcher Laust Høgedahl views the political agreement as a step in the right direction.
However, he deems it insufficient.
“One must also consider that it is a problem that is growing in scale. The number of migrant workers in the Danish labor market has doubled in the past ten years. There are nearly 400,000 migrant workers in the Danish labor market,” he explains.
Therefore, there is a need for ongoing focus on this area, he assesses.
Associate Professor of Labor Law at SDU, Christian Højer Schjøler, is convinced that the challenges depicted in the documentary are difficult to solve.
“One can certainly introduce some responsibility that requires the main contractor to set higher demands on the subcontractor. But there is no political consensus on doing so, and how will you ensure that they are complied with?”
Christian Højer Schjøler also does not believe that chain of responsibility is necessary, as main contractors would then have to take responsibility for employees over whom they do not have direct authority.
According to Ane Halsboe Jørgensen, the new agreement is expected to be passed through new laws within the coming months.
“I look forward to the laws coming into effect in 2025 and 2026, so that authorities can have more power to confront criminal masterminds who systematically exploit people. We will not tolerate this in the Danish labor market,” says the Minister of Employment.
Analysis:
– The issue of chain of responsibility in the construction industry is a long-standing debate between labor unions and employers.
– While some argue that it would force main contractors to oversee their subcontractors more effectively, others believe it could lead to legal complications and challenges in enforcement.
– The recent political agreement addressing working conditions for migrant workers is seen as a positive step, but experts believe more comprehensive measures and ongoing focus are needed.
– Dansk Industri opposes the idea of chain of responsibility, citing existing laws that hold construction project owners accountable for ensuring proper conditions.
– The potential implementation of a contractor stop, where one contractor’s actions could affect an entire construction site, raises concerns about collective punishment and accountability.
– The increasing number of migrant workers in the Danish labor market highlights the importance of addressing working conditions and ensuring their protection.
– The upcoming legislative changes aim to provide authorities with more tools to combat exploitation and uphold standards in the labor market.