Can industrial relations and trade unions be ‘smart’ in the digital world of work? Insights from three cases: Industry 4.0, e-commerce, and digital platforms in Italy

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Dr Stefano Gasparri

The effect of digitalization

Digitalization has become the ‘buzzword’ that captures all aspects of technological change associated with the increasing use of digital technology in organizational and productive processes, especially after the outbreak of the Covid-19 pandemic and the diffusion of remote work that followed.

The business case seems straightforward: Digitalization drives productivity and, therefore, organisational growth and profitability (Forbes 2022; WEF 2023). However, we know that the digital transformation of workplaces is not a neutral process for the people involved and, in particular, it affects how workers and their managers interact. Indeed, digitalization is leading to standardization, work intensification, monitoring and surveillance of workers in an increasing number of workplaces. The spread of digital ‘labour platforms’ is also conducive to novel transformations of the ‘standard’ type of employment contract and presents trade unions with further difficulties in representing new groups of ‘atypical’ workers, such as ‘gig’ workers. Furthermore, the labour-replacing impact of digitalization may be considerable, especially for low skilled workers in low pay sectors and in countries with low levels of digital infrastructure and e-skills development.

To engage with these emerging issues, Arianna Tassinari and I investigated the capability of trade unions in Italy to actively govern and respond to the challenges of digitalization in the regulation and reordering of work and employment or, very simply put, to be tech-savvy and ‘smart’. The resulting research led to an article, published in the journal Relations Industrielles Industrial Relations and now ( open access) exploring three illustrative issue areas that encapsulate the main challenges and opportunities of digitalization.

The research

We began by considering the role of trade unions in policy discussion surrounding the technological restructuring that digitalization imposes across the economy (e.g., Industry 4.0). We followed by examining trade union efforts to bargain with disruptive players, such as e-commerce platforms (e.g., Amazon). We then investigated trade union responses to the spread of ‘platform work’ as a novel model of work organization and contracting (e.g., food-delivery digital platforms). In general, upon a review of the literature and interviews with trade union officials and industrial relations experts; we note that union strategies and their effectiveness have been significantly shaped by the interplay between the political opportunity structure unions face at different levels and the power resources and capabilities they can mobilize.

First, the depth of trade union involvement in national policy initiatives such as Industry 4.0 remained limited, akin to ‘cosmetic’ consultation rather than substantive negotiation. Trade unions have thus sought to make use of their resilient power resources—especially network embeddedness and narrative resources—to develop their framing and learning capability. They have invested considerable resources, in both their production of knowledge to influence public debate about digitalization and their capability for intermediation and articulation. Simultaneously they work with employer organizations to extract concessions from the government on issues such as skill development.

Second, trade unions aiming to bring to the negotiating table key players in e-commerce such as Amazon took advantage of the degree of resilience that collective bargaining still enjoys in the country but, at the same time, faced difficulties due to the unilateral approach to industrial relations by management and the differences in the employment contract model between, first of all, warehouse workers and drivers. Results, as expected, were mixed: major agreements to regulate work and employment at Amazon were signed, but fragmentation between segments within sectors persisted, i.e., between those who are covered by protective institutions and those who are not.

Thirdly, given that digital platforms fall outside the scope of existing workplace representation and collective bargaining institutions, established trade unions have been limited in the channels of action available to them. Because of this, they have not yet managed to intervene effectively in the emerging platform economy through traditional, grassroots unionization. Instead, in the case of drivers, they have focused on strengthening their framing and intermediation capabilities by amplifying the demands of self-organized riders and pursuing novel collaborations and strategic alliances with the riders’ organizations. In this regard, they have shown themselves able to adapt their repertoires of action to compensate for their weaknesses.

Our conclusion

Overall, our findings suggest that unions have been able to respond to and manage digitalization. They have expanded already established institutions and utilised collective bargaining by investing considerable resources and by using their varied capabilities. The desirability of strengthening collective bargaining is unmistakable. It remains to be seen however, if such adaptive approaches are ‘smart’ enough to effectively govern the digital transformation of work for the whole supply chain or, if more radical institutional experimentation will become necessary. In particular, will this be enough for areas with weaker labour markets and areas with more hostility to organized labour? Either way, even if the goal of ‘smart’ industrial relations might be achieved in ways that are far from straightforward, trade unions still have an active role to play.


References

Gasparri, S. and Tassinari, A. (2020), ‘Smart’ Industrial Relations in the Making? Insights from Analysis of Union Responses to Digitalization in Italy, Relations industrielles / Industrial Relations, 75(4): 796-817.

WEF (2023), Why we need to prioritize digital transformation – even in a downturn

Forbes (2022), The Path To Digital Transformation For Businesses


Researching equality, diversity, and inclusion in Italy: why are transsexual individuals not included in the ‘equality debate’?

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Please note, this article discusses topics of suicide and discrimination and may be distressing or triggering for some. Links for support on topics that are discussed in this article can be found at the bottom of this page.

Sara Fanti

As an international PhD student researching pay gaps, gender, and sexual orientation in the context of my native country – Italy, I read a number of Italian newspaper articles to keep up with the latest business world news as well as current events in general. One article, in particular, caught my attention. This article left me baffled and in deep grief for my country, my community, and humanity: The suicide story of a transgender woman.

The story of Cloe Bianco

A single tree with a rope swing sits on a pink field with a baby blue sky, giving connotations of the trans pride flag.

Cloe Bianco was a high school teacher at the “Scarpa-Mattei” Agricultural School in San Donà di Piave (VE), Italy. In 2015 Cloe decided to ‘come out’ as a transgender woman to the school where she had worked for years. Specifically, to come out to her students, finally living her life as the person she had always felt she was “since she was 5 years old” (La Stampa, 2022). On the morning of 27th of November, Cloe walked into her classroom and introduced herself with her new name, asking her students to refer to her using the correct pronouns she/her. Unfortunately, Cloe’s courage to be herself did not sit well with some of the parents of her students, who promptly e-mailed the regional alderman for the Ministry of Education to complain about what had happened. This resulted in Cloe receiving a disciplinary sanction resulting in a three-day suspension, followed by a demotion to administrative roles in a back office of the school where she was permanently employed, and subsequentially any other schools in her Region (i.e. Veneto) where she tried to work as teacher (Open, 2022)[1].

On the 11th of June 2022, the remains of Cloe’s body were found in a torched campervan where she had been living in isolation for seven months. The investigation that followed uncovered a suicide letter left in her blog. The verdict: Cloe died of suicide at the age of 50, after she had been actively prevented from fulfilling her fundamental Constitutional right and duty to work (Art. 4 of the Italian Constitution).

Cloe’s story is just one of the many where active discrimination in the workplace undermines the lives of Italian LGBT+ people every single day. Whilst most western countries focus, more or less effectively; on developing inclusivity within the labour market, Italy falls far behind.

Even failing to legislate basic, protective laws against discrimination for gay, bisexual, transgender or non-binary people.

So, my question, as an extremely frustrated Italian academic is this.

Why, in Italy, is it so easy to ruin the life of somebody who works in the public sector by explicitly discriminating against them and get away with it?

To answer this question, it is first important to understand the influence of culture on the debate around gender vs. assigned-at-birth sex, and how this ultimately results in the lack of interest when including sexual and gender-based minorities in the equality, diversity, and inclusion debate.

Gender vs. Sex

The debate of gender and gender identities is not new in literature. Nonetheless, the definition of ‘What is gender’ is still very relevant and in a constant flux of redefinition and negotiation. A simple definition accepted by LGBT+ literature is that gender refers to the psychological sense of self, it relates to how someone deeply and truly feels on the inside and that this is based on their individual understanding of genders. Anatomical sex (or assigned-at-birth sex) is typically assigned at birth based on biological and physical characteristics such as chromosomes, hormones, genitals, body hair etc.

Queer theorists define gender as the result of power performances, negotiated within societies which are influenced by culture and the historical period (Foucault, 1981; Butler, 1990, 1993; Harding, 1998) It is performed in every moment and aspect of individuals’ lives throughout external appearance – gestures, language, clothes – prior to any choice of gender identity (Butler, 1990). Soon-to-be-parents are told what sex the baby will be, and while raising them, project their own socially learnt bias of gender. These include a series of norms on how to behave, how to dress, how to express emotions and, how to care for others, which differ depending on the assigned-at-birth sex.

The biological sex assigned at birth, plays a pivotal role in the societal expectations placed upon an individual. These expectations are dependent on whether they are born with female or male characteristics and can begin to form before they are even born. Gender identity however, develops within an individual’s sense of self and defines what an individual believe about themselves and who they are. Sometimes, this might not coincide with the anatomical or biological sex. Transgender, transsexual, gender-queer (GQ), gender-fluid, non-binary are all terms that are used to describe people whose gender identity does not align with their anatomical or biological sex (Stonewall, 2020).


“Gender identity develops within an individual’s sense of self and defines what an individual believe about themselves and who they are…”


Nevertheless, this definition of gender is often refused by institutions of conservative countries such as Italy, where an essentialist idea of sexuality is still very predominant. Within a gender essentialist paradigm every person is believed to be born with a male or female “essence” which is determined by the biological sex assigned at birth (Gagnon & Parker, 1995). Femininity and masculinity are, therefore, understood as a natural contraposition of sexes that is at the essence of sexuality regardless the culture and historical time, is defined by biology and chromosomes, and is carried within it a definite set of personality traits. The first gentle and maternal, and the other aggressive and strong (Segal, 1994).

Essentialist standpoints are often used to rationalise gender-based biases and heterosexist or transphobic discourses. For example, to justify the gender segregation of the labour market, gender pay gaps, and to withhold legislation in support of LGBT+ rights. Gender essentialists’ standpoints are clearly taken in the Italian political debate and supported by the Catholic Church which deeply influence political choices and welfare measures in Italy in a clientelist relationship.

When inclusivity is not even in the picture

A slate-grey city scape immersed in fog, displaying a foreboding scene

The first attempt to give a definition of gender as opposed to anatomical sex has been introduced in the proposal of the so-called DDL Zan (Disegno Di Legge, tr. Law Draft). Drafted in 2019, by Alessandro Zan, a member of the Chamber of Deputies and leading member of the gay association Arcigay. The DDL Zan (Senato della Repubblica, 2020) included a total of ten articles. Five of which suggest modifications to existent articles in the penal code giving aggravating circumstances for crimes against gay, bisexual, transexual, disabled people, and women. This law draft provides a definition for biological sex, gender, sexual orientation, and gender identity; it defines the line between the right to freely express an opinion as opposed to hate speech against sexual minorities and women; it proposes a national awareness day against homophobia, bi-phobia, and trans-phobia; and, finally, it proposes a strategy to collect hate crime data on a national scale and a plan to actively fight against homophobia, transphobia, and gender discrimination.

The opposition to this law was strongly supported by far-right parties – i.e., La Lega, Fratelli D’Italia (FdI), Il Popolo della Famiglia etc. – as well as the Catholic Church and pro-life associations. The main point of debate was precisely the Article 1 which provides a definition of gender and anatomical sex as two distinct concepts as outlined above. The opposition would have been willing to vote in approval of the law only if that definition was cancelled from the draft (La Repubblica, 2021). Terminating Article 1, however, would have further alienated trans people, excluding them from being protected against discrimination and transphobic crimes. Finally, without reaching an agreement, the drafted law was voted out by the Senate of the Republic in April 2021. A new discussion was scheduled in April 2022, but to date (June 2022) nothing has happened.

Conclusions

Cloe’s story is just one of many discrimination cases that end in tragedy. Gay Help Line, the main call centre helpline that provides phone support for LGBT+ people, reported in 2021 a steady increase of calls concerning discrimination such as: discrimination in accessing the labour market, or maintaining a job after coming out (35%); discrimination in accessing private (25%) or public services (22%) such as healthcare or housing; discrimination as customers (18%). It is also reported a 10% increase in calls concerning hate crimes against trans people, especially bullying, stalking, non-consensual sharing of private photos in the workplace (15%), aggressions and threats (19%). Also, 42% of cases concern family abuse, 59% of which are perpetuated by adult family members and 9% by partners; 21% of the cases concern violence perpetuated by strangers. 17% of all calls come from transgender or non-binary people. Gay Help Line also reported that very few people in the LGBT+ community report this type of crimes to the police.

The Italian Constitution proclaims equality and dignity amongst all citizens regardless of their personal or social condition (Art. 3). Sex and sexual orientation discrimination in the workplace and in the hiring, process is illegal under the Article 7 of the Legislative Decree no.165/2001; the Article 15 of Law no. 300/1970; and the Legislative Decree no. 216/2003. However, it appears clear that trans people are not included in the equality debate, and there is close to no interest in providing them the Constitutional right of equality and inclusion in society, let alone in the workplace.

Finally, the newly elected right-wing government, not only has purposely left out any reference to equality, diversity, and inclusion in their election campaign, but has also actively promoted legislations against adoption rights and surrogacy which have been contested by LGBT+ activists as discriminatory and homophobic (BBC, 2022) raising concerns for the future of equal and civil rights in Italy.


[1] To read an English version of the story, please see – https://jane-67706.medium.com/of-suicide-and-transphobia-1b077865b73f

Links for support

LGBT Foundation – Helpline and Email Support

Samaritans | Every life lost to suicide is a tragedy | Here to listen

Mindline Trans+ – Trans+ emotional support helpline

Citations

Butler, J. (1990). Gender trouble: Feminism and the subversion of identity. London and New York: Routledge.

Butler, J. (1993). Bodies that matter: On the discursive limits of sex. New York, 38.

Foucault, M. (1981). The history of sexuality: An introduction, volume I. Trans. Robert Hurley. New York: Vintage.

Gagnon, J. H., & Parker, R. G. (1995). Conceiving sexuality. Conceiving sexuality: Approaches to sex research in a postmodern world, 3-16.

Gay Help Line. (2021). Report Gay Help Line. [online] Available at: https://gayhelpline.it/report-gay-help-line/.

Harding, J. (1998). Sex acts. Practices of Femininity and Masculinity, London.

L’Unione Sarda English. (2022). Coming out at school, then marginalization: the story of Cloe Bianco, the trans teacher who set herself on fire. [online] Available at: https://www.unionesarda.it/en/italy/coming-out-at-school-then-marginalization-the-story-of-cloe-bianco-the-trans-teacher-who-set-herself-on-fire-a7ttj2qu [Accessed 20 Jun. 2022].

La Repubblica, 2021. DDL Zan, cos’è e cosa prevede, articolo per articolo e il testo integrale. la Repubblica. Available at: https://www.repubblica.it/politica/2021/06/22/news/omofobia_legge_zan_ecco_che_cosa_prevede-307139790/ [Accessed March 15, 2022].

La Stampa. (2022). La storia di Cloe Bianco, la prof transgender che si è data fuoco nel suo camper: ‘Ora sono libera’. La scuola la sospese dopo il coming out. [online] Available at: https://www.lastampa.it/cronaca/2022/06/14/news/la_storia_di_cloe_bianco_la_prof_transgender_che_si_e_data_fuoco_nel_suo_camper_ora_sono_libera_la_scuola_la_sospese_do-5405846/ [Accessed 20 Jun. 2022].

Open. (2022). Dal coming out a scuola al suicidio, tutta la storia di Cloe Bianco: la prof di fisica uccisa dalla transfobia. [online] Available at: https://www.open.online/2022/06/15/cloe-bianco-transfobia-suicidio-storia/.

Segal, L. (1994). Straight sex: Rethinking the politics of pleasure. Univ of California Press.

Senato della Repubblica , 2020, Misure di prevenzione e contrasto della discriminazione e della violenza per motivi fondati sul sesso, sul genere, sull’orientamento sessuale, sull’identità di genere e sulla disabilità available at: https://www.senato.it/service/PDF/PDFServer/DF/356433.pdf

Senato della repubblica, n.a., Constitution of the Italian Republic retrieved from https://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf

Stonewall (2020). List of LGBTQ+ Terms. [online] Stonewall. Available at: https://www.stonewall.org.uk/help-advice/faqs-and-glossary/list-lgbtq-terms.

Kirby, P. (2022) Who is Giorgia Meloni? the rise to power of Italy’s new far-right PM, BBC News. BBC. Available at: https://www.bbc.co.uk/news/world-europe-63351655

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