Funny thing, I just had an inconclusive exchange with somebody on this…
Here the first mail:
Dear Friends,
Does anyone have any first-hand knowledge of Georgian or EU labor law? I have a question about employers requiring work without pay.
The Universal Declaration of Human Rights states, “Everyone who works has the right to just and favourable remuneration…”
Slavery was abolished in Russia in 1860. In America, the 13th Amendment abolished slavery and indentured servitude in 1865; my guess is that Federal and state statutes prohibiting employers from requiring hourly workers to work without pay are universal.
One Georgian lawyer tells me that there is nothing in Georgian law to prohibit an employer to require one or more month’s of work without pay as a condition of employment.
Theoretically, I can advertise for workers in my factory, choose two or more in a competition, designate them as “interns,” or “probationary,” pay them nothing, and then fire one or all after a period free labor. Presumably, I could do this time and again and have free labor for the whole year!
I don’t know about Georgian law, or EU law, but this so obviously immoral that I cannot believe it conforms to any civilized system of law.
Sincerely,
My reply:
I’m not sure it is immoral, provided several conditions are met:
- The employee is free to leave any time.
- The employer has informed the employee that he may not be employed at the end of the ‘trial’ period, but that the relationship may be terminated.
If these two conditions are met, I do not see anything immoral in a relationship that was entered into freely, knowingly under these conditions. The employee can then decide whether he sees this as a risk worth taking.
Such jobs, in various forms, exist in many countries, including Canada. I don’t see why there should be laws against this - unless you want to legislate ‘being nice’.
Cheers,
the answer:
In labor relations classes, we teach something called “countervailing power.” That concept is at the heart of the National Labor Relations Act. The “immorality” charge comes from the obvious imbalance of power and the exploitation of that assymetry. “Would you like to work under these unfair conditions? No? OK. Goodbye. Next!” Grapes of Wrath should be required reading for all of us.
my reply (since then, nothing)
I do not doubt that this is what is taught in labor relations classes. The choice for the employee here, however, is simple: no money or … no money. If he takes the job, he has no money, but if he does not take it, he also has no money. Accepting the job for the time being may be to his advantage, since he may in this manner acquire new skills, meet new people, learn something completely unexpected, have at least something to put onto his resume - as opposed to ‘unemployed’.
What also has to be considered is the reasons why the employee is in this situation: how is it possible that he is in a situation that he has so little to offer to the labor market that employers are not willing to pay him anything? Is it the employers fault that the individual in question has no skills worth money?
Simple economic thinking would tell one that the fact of marginal cost and benefit apply even in this situation.
The evils described in the Grapes of Wrath stem almost exclusively from the intervention of the state into the labor market: I’m not even beginning to discuss the monetary system that caused the Great Depression, but I simply focus on the fact that police (state) power was used to fight those who did something as simple as express their discontent with the situation.
Obviously, had the state not intervened in the situation between the employers and the employees, the outcomes would have been very different.
What we are dealing with here is a situation where marginal workers are not able to find anybody willing to pay for their labor. No law can change that - they would still not be able to find somebody to pay for their labor - their skills are not worth any money.
After all, would you claim the the old women who sell fruits on the market, but can’t find a buyer are in a situation where the state should force people with appetite for apples, but no interest in buying them, should have to pay for them? After all, the old woman really is in no position to do anything about people willing to eat apples for free, but not willing to pay for it.
Anybody willing to work for free does so for a reason. Anybody willing to give apples away for free does so for a reason. People willing to eat apples that are given to them for free should not be forced to pay for them anymore than people who are willing to employ labor that is given to them for free.