Dissertation_Paula Aleksandrowicz_12 ... - Jacobs University
Dissertation_Paula Aleksandrowicz_12 ... - Jacobs University Dissertation_Paula Aleksandrowicz_12 ... - Jacobs University
4.3.6. Termination of the Work Contract 54 A side effect of the transition from plan to market was the shedding of excess employment and outsourcing of expensive social facilities like hostels, kindergartens and resorts (Morecka 2003: 300). That happened also in the firms in my sample. Correspondingly, the interviews in Polish firms generated a lot of material on the personnel policy at the end of the work life. During the period of interviews, seven firms were cutting staff levels, and six others had done that shortly before. Mass lay-offs (which occur, according to Polish law, when within a month, at least 10% of workers in a firm with less than 300 workers are released, or at least 30 workers in a larger firm; Patulski et al. 2004: 62) have occurred in the recent history of nine firms. That entailed twofold consequences which are of interest for the topic of my study. Firstly, the age structure of the firms was ´compressed´ to middle-aged groups, as older workers were preferably released, and a hiring freeze blocked the inflow of young workers. Secondly, workers who had made the experience of personnel reductions in often dramatic circumstances (interviewees spoke of a „terrible massacre of the innocents” and of suicides as a result of dismissals) were afterwards more prone to make use of available early exit options for fear of next dismissals and ensuing unemployment. I will elaborate on that phenomenon in the next section dealing with workers´ exit preferences. Before turning to personnel reductions, I will describe the general mode of terminating the work contract of older workers. In distinction to Germany, work contracts or collective agreements do not include the formulation that the employment relationship is cancelled upon reaching standard retirement age. In fact, several firms allowed to continue work past retirement age, while in a few others, workers who did not voluntarily retire upon reaching their 60th (women), respectively 65th year (men) were encouraged to do so. However, most employers encourage their older workers to leave the establishment in pre-retirement age. Often, that occurs in accordance with the workers themselves and is even initiated by them (see section 4.3.7.), but in other cases, it amounts to active pushing out by the employer. Older workers are protected by law four year prior to retirement age. I noticed that it is open to interpretation whether the earliest or the standard retirement age is regarded. Three 54 This chapter partly draws on Aleksandrowicz 2006. Several changes were made due to the meanwhile conducted interviews with shop stewards which have shed more light on the procedure of personnel reductions and clarified some things. 189
firms have an even longer protection period for older workers ranging from five till 15 years. The motive behind those collective regulations is to shield older workers from the adverse situation on the labour market. Several patterns of personnel reductions existed in the analysed firms. The one most frequent took the form of „natural” and „harmless” downsizing of workers entitled to preretirement benefits, disability pensions and (early) old-age pensions in the first place, and to dismissals/mass lay-offs of other workers in the second place. Several firms used „natural turnover” for downsizing and encouraged workers to leave on early retirement pensions and pre-retirement benefits. The next measure in terms of frequency was mass lay-off and individual dismissals for operational reasons directed at workers of all ages. Two privatised firms with strong employment guarantees took resort to voluntary early exit programmes due to employment guarantees directed at workers of all ages, but with stronger focusing of singular early exit programmes on workers with entitlements to social security benefits. Last, a few firms made seasonal adjustments in slack periods during which workers were selected based on criteria other than age (temporary employment, qualification level). Severance payments in Polish firms are much lower than in Germany and therefore do not constitute a separate early exit pathway. The largest severance payment amounted to 15 monthly wages plus jubilee awards, up to ca. 100,000 zł. German firms can to a larger degree afford “instrument substitution” (Casey 1989). As can be seen, adaptation strategies dominate in which older workers are used as a flexibility resource. That supports hypothesis 2A (see section 2.2.). I will describe a typical example of early exit employed in order to facilitate personnel reductions. In a chemicals company, mass lay-offs were conducted at the end of the 1990s. The year 1997 witnessed an exit of 120-170 older workers (as to the exact number, the accounts of the various interviewees differed) besides of other workers dismissed in a regular way. The same situation occurred at the end of the year 2003. The exit of older workers was labelled by HRM-2 and by TU “the lesser evil”. Workers with entitlement to the early retirement pension for economic reasons (in 1997/1998), respectively for pre-retirement benefits (in 2003/2004) were dismissed, as those benefits require a cancellation of the employment contract. The workers made their living from severance payments amounting to up to 12 monthly wages until they qualified for early old-age pension, sometimes bridged 190
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firms have an even longer protection period for older workers ranging from five till 15<br />
years. The motive behind those collective regulations is to shield older workers from the<br />
adverse situation on the labour market.<br />
Several patterns of personnel reductions existed in the analysed firms. The one most<br />
frequent took the form of „natural” and „harmless” downsizing of workers entitled to preretirement<br />
benefits, disability pensions and (early) old-age pensions in the first place, and to<br />
dismissals/mass lay-offs of other workers in the second place. Several firms used „natural<br />
turnover” for downsizing and encouraged workers to leave on early retirement pensions and<br />
pre-retirement benefits. The next measure in terms of frequency was mass lay-off and<br />
individual dismissals for operational reasons directed at workers of all ages. Two privatised<br />
firms with strong employment guarantees took resort to voluntary early exit programmes<br />
due to employment guarantees directed at workers of all ages, but with stronger focusing of<br />
singular early exit programmes on workers with entitlements to social security benefits.<br />
Last, a few firms made seasonal adjustments in slack periods during which workers were<br />
selected based on criteria other than age (temporary employment, qualification level).<br />
Severance payments in Polish firms are much lower than in Germany and therefore do<br />
not constitute a separate early exit pathway. The largest severance payment amounted to 15<br />
monthly wages plus jubilee awards, up to ca. 100,000 zł. German firms can to a larger<br />
degree afford “instrument substitution” (Casey 1989).<br />
As can be seen, adaptation strategies dominate in which older workers are used as a<br />
flexibility resource. That supports hypothesis 2A (see section 2.2.).<br />
I will describe a typical example of early exit employed in order to facilitate personnel<br />
reductions.<br />
In a chemicals company, mass lay-offs were conducted at the end of the 1990s. The<br />
year 1997 witnessed an exit of <strong>12</strong>0-170 older workers (as to the exact number, the accounts<br />
of the various interviewees differed) besides of other workers dismissed in a regular way.<br />
The same situation occurred at the end of the year 2003. The exit of older workers was<br />
labelled by HRM-2 and by TU “the lesser evil”. Workers with entitlement to the early<br />
retirement pension for economic reasons (in 1997/1998), respectively for pre-retirement<br />
benefits (in 2003/2004) were dismissed, as those benefits require a cancellation of the<br />
employment contract. The workers made their living from severance payments amounting<br />
to up to <strong>12</strong> monthly wages until they qualified for early old-age pension, sometimes bridged<br />
190