Contracts weakens public service

“There appears to be what can be termed a quiet establishment of a parallel public service with portions...being filled by the use of contract employment in the various ministries throughout the public service. This parallel system of appears to be dismantling and weakening the traditional public service and creates a dilemma for a number of citizens who now live their lives with a great deal of uncertainty about the sustainability of their income, their livelihood and their very existence.” She was delivering welcome remarks yesterday at the Industrial Court Meet with the Court” Symposium 5: Fixed Term Contracts in the Public Sector held at Regimental Headquarters, Aranguez.

She said that fixed term contracts do have their benefits as it can avoid bureaucracy and is prudent to get the services of an expert.

She reported, however, that in the last few years there have been fixed term contracts to perform the same duties as other public servants and duties that are regular and not time bound. Thomas-Felix added that fix term contracts offer more attractive remunerative packages even though they are doing the same tasks as other public servants which puts the latter at both an economic disadvantage and has a demoralising effect.

She said a large number of the fixed term contracts are for short periods, between three months to a year, and recipients do not enjoy job security and because they are not considered public servants do not receive the same benefits.

She added that the continuous use of these contracts is disruptive to work flows in any organisation.

Thomas-Felix said for citizens, particularly young people, on a three or six month contract they would not be able to secure mortgages, rental agreements or open bank accounts. She stressed that fixed term contracts should only be an option where services are needed urgently and it is not possible to find the skills on a permanent basis.

She advised that the country revisit the persistent and widespread use of fixed term contracts and examine the social and economic impacts.

During the question and answer session, someone asked whether fixed term contracts could facilitate corruption. International Labour Organisation representative Shingo Miyake responded that they do not necessarily lead to corruption.

He said some employers use these contracts due to a rapidly changing situation and some employees prefer the flexibility so they can have time to study. He added that there can be benefits for both employer and employee once fixed term contracts are properly managed.

Also during her remarks, Thomas- Felix said she has observed that a number of companies do not attend court and have no representation but there is an outcry when matters do not go in their favour.

She explained that the wording of the Industrial Relations Act is about a conciliatory process that is meant to improve labour relations and facilitate the smooth resolution of disputes. “For a number of hearing employers are absent and do not take part in the process.” She said when matters are determined ex parte (with the interest of only one side) then the employers “cry foul.” She also commented on an Occupational Safety and Health (OSH) matter which she in on and said the procedure adopted by the stakeholders is incorrect. She explained that an OSH matter is a criminal matter - people found guilty can go to prison or be fined - that required a criminal complaint. She said the approach cannot be that of a normal industrial relations matter. She reported that she had placed a draft complaint on the court’s website.