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So, opportunities for genuine workforce input into the quality of working life are available to all across the board, if you choose to exercise your rights. We receive many enquiries about your rights, so we thought we'd list a few of the most often asked, with our answers.
What benefits do employment rights give to offshore workers?
Some individual rights at work have been developing positively for years under the influence of EC law. The right to be consulted fully and in advance of redundancies is one example. Protection of terms and conditions when a new employer takes over a contract is another. And perhaps the most talked about issue, the right to 4 weeks holiday under the working time regulations, is a more recent example. But the experience of many offshore workers is that these rights are often disregarded. The reason? Not enough is understood of these rights and how they should apply. And this is where expert representation and advice comes into its own. When it is known that an employee is supported by a knowledgeable organisation with good legal resources, the chances of a mistake being made can often be minimised.
All employees have the right to representation with grievance or disciplinary matters. If that means taking along a trade union official to a hearing at the company's office, for instance, then employees may do so.
But surely the employer has to recognise the union first?
Not at all. The right to be accompanied and 'represented' by a trade union official of your choice has nothing to do with 'recognition' in the old fashioned sense of the word. If you are a member of a union - any union - your employer must deal with that union. You have the right to 'representation'.
Is there anything in this for the employers?
Most certainly. When employees are more knowledgeable and aware of what good industrial relations practice should be, costly industrial tribunals occur less often. OILC is well aware of this. As an organisation OILC has represented more than its share of cases before the tribunal and will, no doubt, continue to do so. But many hearings could be avoided altogether if effective dialogue were to take place - particularly in advance of any decision to dismiss. Employment rights legislation is about responsibilities all round, about knowing what our respective entitlements and obligations are. Knowing where we stand. That cannot be bad for anyone.
What about some of the rights we don't yet have?
Like, for instance, the Working Time Directive? The Working Time Directive has been extended to cover offshore workers. As of August 1st 2003, all offshore employees were entitled to 4 weeks paid leave. However, as predicted some time ago, the employers are resisting the terms of the Directive. They argue that employees already enjoy 26 weeks holiday per year. OILC believes the employers have got it wrong and to prove it we are heading for the courts with over 100 Employment Tribunals. The enforcement of your rights is all about organisation and resources making the difference. We are confident that organised OILC members, supported by the necessary resources, will make the difference on the working time issue. And perhaps there are lessons here. How many offshore workers are aware, for instance, of the Directive on part time work? With increasing numbers obliged to go on ad hoc terms of employment this Directive may have direct relevance to them. The Directive states, among other things, that there should be parity with full time employees on rates of pay and pensions etc. But will these potential benefits be realised offshore? Only if the case is made that they should. OILC will be making the case for these employees in the not too distant future.
These are just a few of many examples which together add up to a compelling case for the existence of a well-resourced body speaking up for offshore workers and their families. This is the role that OILC in its short history has strenuously worked to fulfil. As the organisation grows in membership, so its effectiveness increases. Perhaps the enforcement of the working time legislation will convince those who have yet to make up their minds, that OILC is an organisation which meets this need. An organisation whose only purpose is the advancement of the interests of all who work offshore.
Is it not the case the OILC is a small organisation?
Yes it is. But as the saying goes - it's not size that matters, it's how you use it! OILC is exclusively a trade union for oil and gas workers. Given the offshore population, OILC will never be one of the big 'battalions'. And that is precisely where its potential strengths are. This is what gives it clear focus on the issues that affect the offshore oil and gas industry. An organisation run by, and for, people who actually work offshore - not an army of anonymous bureaucrats.
Take, for example, the extraordinary high success rates in achieving industrial injury compensation for our members. First class lawyers backed up by our inside knowledge of the industry make a winning combination. And remember too that not only does OILC work to maximise every claim, but every penny of settlement goes straight into the pocket of the injured party - no fees, no commission, no claw-back of any kind. Now, where else would you get service like that?
I have no intention of having an accident at work, so what else has the OILC to offer me?
Of course, none of the hundreds who are injured offshore every year had any intentions to get hurt. But it happens and, tragically, will continue to do so. The point is: it does not make any sense to take out life insurance after you are dead! OILC's modest fees (roughly £2.16 a week, the price of a pint!) provide a whole range of personal benefits and protections ranging from the best legal aid in the business through to direct assistance on contractual matters - assistance which is constantly on tap.
Did you know, for instance, that OILC pays one of the highest death benefits of any union?
At £3,300 this represents the equivalent of 28 years subscriptions! OILC also spends a great deal of its resources (time and money) dealing with issues that affect the long-term interests of the offshore workforce as a whole. For example, frequently the union engages counsel to assist in important legal cases and appeals, like the working time issue. This work is critically essential as the outcomes of these cases often impinge directly on the interest of all offshore employees, members or not.
Another of many examples is the Cormorant Alpha fatal accident inquiry into the ditching of the Puma in which 11 men died. OILC met the entire costs of representation for the families and survivors (except the pilots). Everyone offshore benefited from OILC's involvement. More recently the union has exercised influence on important employment law issues. This necessarily brief outline gives just a flavour of the vigorous activities of OILC behind the scenes, which bring direct benefit to members and others.
This is all fine and necessary, I agree, but what about the pound in my pocket?
Let us be frank. Things can only change for the better if the offshore workforce as a whole commits itself to that change. The developments in employment and trade union law are not 'magic bullets' to provide improvements on a plate. Effort, planning and organisation are required if gains are to be made and existing benefits preserved. With decades of life left in the oilfield, we at OILC are very positive about the medium and long-term future.
Of course, as you will be aware, many employers opted to select unions of their choice, thereby denying employees the opportunity to choose through the ballot box. This was a cynical move by the employers, albeit ably assisted by those unions involved. Nevertheless, it remains OILC's stated intention to be sitting at the negotiating table with every employer in the offshore oil and gas industry and with your assistance we believe that goal is attainable.
Safety is still a major concern. What are OILC's intentions to improve the situation?
Without doubt, the drive for productivity and profit is again casting a shadow over the safety agenda. Cost cutting, maintenance cut backs and down manning have become the order of the day. HSE figures on hydrocarbon releases confirm that this is the 'official' view too. The cut backs have gone much too far and OILC is calling for a major review of the negative impact on health and safety. We are becoming irritated at being described as 'scare mongers' every time we highlight the issue, especially when every offshore worker knows what is going on.
As we say, these are just a few of the regularly asked questions, there are many, many more. So, if you have any questions or would like further information on any aspect of working offshore go to the contacts page.