FINLAND: Finland’s High Court ruled January 24 to the employee’s advantage in a dispute that has been treated, and appealed, in different courts since 2009. The case dates back to 2006 when a shop assistant employed by the Argent work agency and working for Koti-Idea was told that her job would cease when the client order expired.

The client’s need for shop assistants was permanent, however, and the company immediately started looking for replacements. With the help of the Finnish Service workers’ union PAM, the employee took the case to court.

The district court and the court of appeal considered that the employer, Argent, had a motivated reason to limit the time of the contract. According to PAM however, the employer circumvented legal provisions on employment security.

The High Court finally concluded that the law on employment contracts applies also to agency work, which should be permanent, if there is no motivated and objective reason for a time limit. An objective reason would for example be that there is need of additional labor only for a limited time, to even out seasonal peaks. In this case, the justification simply was that the client wanted to end the employment. The employer had also referred to general practice in the sector. This didn’t convince the Supreme Court. It concluded that a job is not temporary just because an employer uses work agencies.

The shop assistant will now be compensated. The High Court decision clearly improves the status of agency labour in Finland, says Katarina Murto, a bargaining expert at the Finnish union confederation SAK.

COLOMBIA: The new transatlantic trade union, Workers Uniting, formed by the USW (Canada and United Sates) and Unite (United Kingdom, Republic of Ireland) has written to the President of Colombia, Juan Manuel Santos, to protest at the recent killing of Colombian trade unionists.

The letter highlights two cases. First, Mauricio Redondo, leader of the oil workers’ union, USO, killed on January 17, along with his wife, leaving five children. Second, Víctor Manuel Hilarion Palacios, an agricultural workers’ union leader, disappeared on January 9 while travelling to an event near Río Nevado. His body was taken to the CTI (part of the Public Prosecutor’s Office) in the town of Villavicencio. Soldiers claimed he was killed in cross-fire but family and colleagues who saw the body said it bore visible signs of torture.

Hilarión was a member of SINTRAPAZ, affiliated to FENSUAGRO, a national federation of agricultural workers’ unions. In February 2010, Hilarión’s name and photograph appeared on a list of 18 activists accused of being "FARC militants".

Workers Uniting, which represents three million workers, has signed a partnership agreement with FENSUAGRO and states, in the letter to the Colombian president, that it will treat any attack on a FENSUAGRO member as though it were an attack on a union member in Canada, the United States or the United Kingdom.

The letter says it is unacceptable that such killings are carried out with impunity and calls for an immediate investigation into these brutal crimes. It asks for guarantees that those responsible are brought to justice; calls for the release of union members currently in prison; and requests adequate protection for FENSUAGRO and USO leaders.

Finally, the letter points out that more than 25 Colombian trade unionists were killed in 2011 for defending trade union rights and urges the Colombian government to put an end to these abuses.

SWEDEN: The Social Democratic Party of Sweden on January 27 confirmed that Löfven will take over the leadership of the main Swedish opposition party, initially until its ordinary party congress in 2013.

Löfven, born 1957, has been president of Swedish metal and industry workers’ union IF Metall since 2005. He started his career in 1979 as a welder at the company Hägglund & Söner in Örnsköldsvik in northern Sweden. In November 2007, he was confirmed as a new member of its IMF Executive and Finance Committees. Löfven was re-elected at the IMF congress in 2009.
Parliament elections in Sweden are planned for September 14, 2014.

“With his solid union background, Stefan will be an excellent leader for the Social Democratic party. He will give our policies strength and stability,” said Anders Ferbe, vice president of IF Metall.

In a video message to the members of IF Metall Löfven thanked for his time as president: “I have been proud to be president of the union, every single day, every hour, every minute”. He also said that he will keep his union membership, and always carry his union card with pride.

“I will keep my roots, my thoughts about working life and welfare, and I will get a new possibility to promote them now, for the benefit of workers, not least the members of IF Metall.”

“It is important we work together, for a strong, good society for everybody in Sweden. Today we see a society that doesn’t make use of the potential of all citizens. There is too little education, too little development, and too much unemployment. One of my main tasks will therefore be to work for full employment and human development for everybody, to realize every individual’s possibilities, so that we can create a strong society together.”

Stefan Löfven notes that such a society requires solidarity, that people stick together and help each other and cherish everybody’s equal worth. “If we do that, then everybody can also achieve real freedom.”

“It is bittersweet news for us at the IMF. Stefan has been a widely respected member of IMF’s Executive Committee, who has demonstrated a deep commitment to concrete global solidarity and social justice. We wish him best success in leading the Social Democratic Party that together with the people built the Swedish society, to a new rise”, commented Jyrki Raina, IMF General Secretary.

UPDATE: On February 1, 2012 IF Metall Executive Committee decided to appoint Anders Ferbe as President of IF Metall until its Congress in 2014. Anders has been vice President of IF Metall since 2006 and has a long history of cooperation with IMF.

GLOBAL: The ILO also says more than 400 million new jobs will be needed over the next decade to absorb the estimated 40 million growth of the labour force each year.

That means that the world faces the challenge of creating 600 million jobs over the next decade. An additional challenge is to create decent jobs for the estimated 900 million workers living with their families below the US$ 2 a day poverty line, mostly in developing countries.

The jobs crisis continues unabated, said ILO Director-General Juan Somavia. "One in three workers worldwide – 1.1 billion people – is either unemployed or lives in poverty". "What is needed is that job creation in the real economy must become our number one priority".

Some highlights in the report:

• Of the 900 million working poor, about half are living below the US$1.25 extreme poverty line.
• The number of workers in vulnerable employment grew to 1.52 billion in 2011, an increase of 136 million since 2000.
• 50.5 per cent of all women and 48.2 per cent of men are in vulnerable employment.
• In emerging economies in Latin America and East Asia favourable economic conditions have pushed job creation rates above labour force growth, which supports domestic demand.

For more information, see the ILO website here.

CANADA: The company wants to have unlimited contracting out rights, and has replaced full-time, USW-represented workers with subcontracting employees, at considerably worse conditions, when they retire. Subcontracted work in the company is expected to increase from 10 per cent in 2010 to 27 per cent in 2012. The USW wants to create a floor of 750 permanent jobs at the Alma site.

Use of scab or replacement workers during a labour dispute is forbidden in Québec law. According to the company the site is now run at one third of capacity with the help of 200 "management" personnel. USW has lodged a complaint with the provincial labour board.

The IMF and ICEM have sent a strong protest to Rio Tinto’s CEO Tom Albanese; "It is unprecedented in North America for a company to demand that a trade union accept the replacement of all permanent positions when workers retire with contract employees."  

Affiliates are urged to also send letters to Albanese (with copies to IMF, ICEM and USW), making their opinions clear. See a model letter here.

Letters can be faxed to the Rio Tinto offices in London (+44 20 7781 1800) and Melbourne (+62 3 9283 3707), with copies to IMF, ICEM and USW.

See a detailed background to the dispute here.

Contacts:

Clairandrée Cauchy, Syndicat des Métallos /USW Communications, 514-774-4001, [email protected];
Joe Drexler, Syndicat des Métallos/USW Strategic Campaigns, 416-544 6009, 416-434 7907, [email protected].

NORWAY:  National protests across Norway mobilised 150,000 workers, including members of the IMF Norwegian affiliate Fellesforbundet, the third week of January. The protests were staged against the new European Union temporary workers directive. The actions were part of the fight announced at the Fellesforbundet Congress in October last year, when the union decided to urge the government not to implement the European Union Temporary and Agency Workers Directive in Norway.

While welcoming the part of the directive concerning equal treatment of temporary and permanent workers the Norwegian unions are worried that implementation of the directive will remove several restrictions in collective agreements currently obliging employers to agree on any kinds of temporary contracts with trade unions.

The unions believe the adoption of the directive will boost temporary agencies and precarious work in Norway where permanent employment so far is a norm.

NETHERLANDS:  On January 17, 2012 GoodElectronics commented the fact that Apple joined the Fair Labor Association (FLA). FLA works with international brands across all sectors to establish social responsibility systems. FLA has been active mainly in the garment sector. Apple is the first technology company joining FLA. The IMF has concentrated its efforts in the electronics sector on the GoodElectronics network, which aims to contribute to human rights and sustainability in the global electronics sector. IMF is a member of the GoodElectronics network.

While welcoming Apple’s initiative GoodElectronics argues it is too early to tell whether this is a genuine effort by Apple to address labour abuses in its supply chain, or merely a way of improving its credentials without actually delivering. According to FLA’s member obligations Apple is given two years to comply with the FLA Workplace Code of Conduct, based on International Labour Organization standards.

However, Apple is criticised for failing to engage with groups that have pointed to concrete problems with Apple suppliers. Thus in 2011, GoodElectronics and makeITfair conducted a campaign focusing on Apple, ‘Time to bite into a fair Apple’, urging Apple to improve its communication with international stakeholders. In connection to the notorious case of suicides at Foxconn in China, Apple did not establish a proper dialogue with trade unions and labour rights organizations. Instead of improving working conditions, the company  forced workers to promise not to harm themselves.

GoodElectronics argues that improvements can be achieved if Apple pays its suppliers fair prices and applies acceptable delivery times. Manufacturers would then be able to pay workers a decent living wage. So far, Apple has ignored these suggestions. The comment from GoodElectronics also  criticises the FLA for lack of transparency and union representation in its board as well as insufficient demand for union presence in member-companies. Full text of the press-release is available at GoodElectronics website.

EUROPE: Arms trade campaigners say that the EU’s publication of the "Thirteenth Annual Report on Exports Control of Military Technology and Equipment" covering 2010, raises many questions about the reliability of data provided and on the EU’s commitment to make arms export control effective.

The EU report was published on the last working day of the year (Friday, December 30, 2011), and neither highlighted on the website of the Council of the European Union or on that of the European Parliament, which suggests that it is regarded as a mere bureaucratic necessity.

Eight countries, including two of the world’s largest arms exporters, Germany and the United Kingdom, have not provided full data on deliveries, preventing an accurate analysis of the actual arms exports of EU countries.

The total value of arms export licences in 2010 amounted to €31.7 billion according to the report. Exports to countries of emerging and developing economies soared to €15.5 billion, while the value of exports licensed to western countries fell.

Arms exports to repressive regimes in the Middle East and North Africa fell compared to the record levels of 2009, but were still very high at € 8.3 billion.

"The fact that this report was released without publicity on the last working day of the year indicates that when it comes to arms sales the EU has something to hide", said Kaye Stearman of the UK Campaign Against Arms Trade.

"In fact, these figures reveal the hypocrisy of countries who like to proclaim their commitment to human rights and democracy, yet are more than willing to sell deadly weaponry to abusive and authoritarian regimes. EU citizens should tell their governments to stop arms sales to repressive regimes."

In 2012 the EU will review its arms export policy. Such a review must be based on coherent and comprehensive information, the campaigners say. The European NGOs working on arms export control call for a debate in the European Parliament on the EU report, including a thorough analysis of its shortcomings.

Amongst the signatories, along with the Rete Italiana per il Disarmo, are Campaign Against Arms Trade (UK), Campagne tegen Wapenhandel (Netherlands), Justícia i Pau (Spain), Foundation for arms conversion and peace research (Germany), Observatoire des armements (France), Peace Union of Finland, Swedish Peace and Arbitration Society, Tavola della Pace (Italy), and Vredesactie (Belgium).

SPAIN: As part of an annual planning meeting in Aviles, Spain, January 18-19, trade union and management members of the JGHSC in ArcelorMittal reviewed the company’s health and safety performance for 2011. An overall improvement had been achieved but sadly the goal of zero fatalities had not. The JGHSC discussed how to further improve performance in 2012.

One initiative would be a survey of members of local joint health and safety committees throughout the company globally to see how effective they are. The results of the survey would form the agenda for a global safety meeting to be held in the third quarter of 2012. Participants to the meeting would be asked to carry out some pre-work as part of the overall goal.

Rob Johnston, IMF Executive Director commented: "Fatality prevention in the company is improving, but we still have a long way to go. Today we have zero fatalities and I hope we can still say the same at the end of the year. We have proven that cooperation with trade unions does have a positive effect on safety performance. If more companies came forward and accepted a similar approach we could save many more workers’ lives."

The committee also decided to undertake site visits in South Africa, Canada, Ukraine and Algeria in 2012. Dates are currently being proposed to the sites. Follow-up visits would also take place to the sites visited in 2011 to see what progress has been made.

A visit was carried out at the ArcelorMittal site in Aviles. The site employs 4000 workers of which around 60 per cent are blue collar and 40 per cent white collar. Around 8 per cent of the blue collar workers are women. The plant has a high density of union membership and UGT and CCOO are the biggest unions. Around 20 management representatives and union members of the local joint health and safety committee attended a question and answer session. Topics discuss included concerns over accident reporting and availability of capital expenditure during the current European crisis.

The plant itself keeps a very high standard of housekeeping. Some benchmark ideas could be implemented in other sites. Areas identified by the JGHSC for improvement included fire protection equipment and restroom facilities. Further assessment of risk due to possible paint fume exposure should be carried out.

UK: On January 18, the work stoppages halted production of leading food and cleaning products, including Colman’s mustard, Marmite and Persil.

Unilever’s pension system changes will cut workers’ savings by between 20 and 40 per cent. One worker estimates that she will lose £7,000 a year when she retires if Unilever pushes ahead with its plans abolish the final salary pension scheme. Management pensions will not be affected.

Unite national officer Jennie Formby said: "The solid support for this strike is a clear message to Unilever that our members are not prepared to be treated like dirt." "It is now our second day of this ten-day strike action and workers, with strong public support and messages of solidarity coming in daily, are standing firm and will not be bullied into accepting these changes."

"We are ready and willing to meet with Unilever to discuss solutions to the dispute."

On January 17 Unite released the film ‘Unilever – not as clean as it claims’ about Unilever and its treatment of workers. Viewers are urged to send a simple message to Unilever CEO Paul Polman; "It is time for you to talk."
Pickets in support of Unite’s demands are planned January 18-28 at UK Unilever sites in Warrington, Purfleet, Manchester, Merseyside, Leeds, Gloucester, Gwent and Staffordshire.

Read more on the Unite website here.