Indonesian unions reject emergency regulation replacing Omnibus Law

The controversial Omnibus Law, officially known as Law of Job creation, was passed in Parliament in October 2020, but declared unconstitutional by the Indonesian constitutional court.

At the end of December 2022, President Joko Widodo issued an emergency regulation on Job Creation to replace the Omnibus Law, with the pretext of addressing global recession risks in 2023 and for attracting more foreign investment at the expense of workers’ rights.

The Indonesian Trade Union Confederation (KSPI), Confederation of All Indonesian Workers' Union (KSPSI), Confederation of United Indonesian Workers (KPBI) and others, along with the Indonesian Labour Party, have rejected the new regulation.

Unions and the party claim that some provisions in the regulation have given governors discretionary power to determine minimum wage. For instance, the insertion of the word "may", the vague variable index, and the power of the governor to adopt a different formula could exclude particular industries from the minimum wage regulation and infringe workers’ rights.

"The emergency regulation fails to meet the unions' demands. We reject the contents based on nine unfavourable terms and conditions, including outsourcing, severance pay, recruitment of foreign workers and criminal sanctions against employers which will disadvantage workers,”

says Iwan Kusmawan, IndustriALL Indonesia council chairperson.

Unions and the Labour Party are planning a rally at the Presidential Palace on 14 January. The Confederation of Indonesia Prosperity Trade Union (KSBSI) has taken the Perppu to the Constitutional Court.

“We urge the Indonesian government to repeal the emergency regulation condemned by Indonesian unions. The government should respect the ruling of the constitutional court and take workers’ concerns into consideration,”

says Shinya Iwai, IndustriALL regional secretary:
 
“Indonesian affiliates have campaigned against the Job Creation Law since its introduction, holding numerous demonstrations, filing judicial reviews at the constitutional court and lobbying parliamentarians for support. IndustriALL will continue to support our Indonesian affiliates' fight against anti-labour regulations detrimental to workers’ rights.”
 
IndustriALL’s 3rd Congress passed a resolution urging the Indonesian government to cancel the Job Creation Law.

 

53 trade unionists graduate from IndustriALL MENA leadership academy

“IndustriALL is very proud of the outcome of leadership training academy in MENA and we would like to congratulate the 53 trade unionist who graduated in December 2022,”

says Atle Høie, IndustriALL general secretary

Since 2018, over 150 trade unionists from the Middle East and North Africa have graduated from the leadership academy. The academy started initially in collaboration with the youth and Sarah Flores, IndustriALL youth officer. Now, it also focuses on engaging more women and on cross sectoral issues.

IndustriALL regional secretary for the MENA region, Ahmed Kamel, explains that traditionally, trade union training focuses on organizing.

“We wanted to go a step further and speak on specific issues like sectors, supply chains, Industry 4.0, GFAs, Just Transition and the future of work. It was difficult to find people trained on this in the union, which is why we developed the academy.”

The training is structured around four main areas:

  1. Basic union education (ILO standards, national laws)
  2. Social security and collective bargaining
  3. Organizing through the supply chain
  4. Supply chains and the future of work (industry 4.0, digitalization just transition, gig economy)

The course, which lasts for two years, starts with 12-15 days training. Then participants develop a graduation project on a topic related to their union, using the knowledge from the course.

After presenting the project, it is taken to the respective union where IndustriALL and the union discuss the integration of the project into their union. It could be through an organizing campaign, developing a leaflet, developing training materials for their union, etc.

In 2019, several unionists from the textile union in Tunisia, Fédération Générale du Textile, de l'Habillement, Chaussure et Cuir – FGTHCC-UGTT, joined the academy. The union established committees and ran a massive campaign on organizing, managing to organize 7,000 workers in one year. 

“Since the academy started, we have seen so many young union activists becoming more involved in their unions and increasing their participation in union activities. We have several cases of young activists and women getting leadership positions within the national union structures. This is an encouraging outcome, and we are grateful to the experts and trainers from who have made this possible”

says Ahmed Kamel.

The Academy and related activities are supported by Dutch FNV, Swedish Union to Union and German FES. 

 

 

Striking workers in Turkey achieve 84 per cent wage increase

The successful achievement is the result of strike action that started on 22 December last year, when 400 workers stood in front of the Bekaert factory demanding a fair wage increase to compensate the skyrocketing inflation in Turkey.

After a long strike with support from trade unions across Europe, as well as industriAll Europe and IndustriALL Global, Bekaert agreed to grant its workers a pay rise of 84.83 per cent on average for a duration of six months.

Over the last years, inflation in Turkey has skyrocketed, resulting in a huge decline in workers’ purchasing power with wages far from enough to make ends meet. Bekaert refused to give workers a fair wage increase. Fully within their legal rights, workers at the Bekaert factory in Izmit, represented by Birleşik Metal İş, called a strike on 13 December after negotiations on a collective bargaining agreement failed.

However, President Erdoğan issued a decree citing national security concerns, forcing the strike to be postponed for 60 days. It is assumed that the decree was initiated by Bekaert management. The postponement of the strike is tantamount to a ban. Birlesik Metal-Is and the workers rejected the ban and continued to strike.

Trade unions from across Europe and opposition politicians in Turkey condemned the ban while expressing support for Birleşik Metal-İş and congratulating the workers on their determination to stage the strike despite Erdoğan’s decision.

A determination which brought an 84 per cent wage increase in the collective agreement, backdated to September 2022 for a six-month period. In March this year, there will be another increase in line with the official six-month inflation rate plus two per cent.

“We congratulate the workers and their union on standing up against an employer trying to avoid responsibility and going on strike, fully in accordance with the law, and achieving such a significant union win.

"The determined and concerted action by Bekaert workers is an excellent example of what the working class throughout the world should do at a time when wage earners are losing purchasing power. The world needs a significant pay rise immediately."

says IndustriALL assistant general secretary Kemal Özkan.

IndustriAll Europe general secretary Luc Triangle, says:

“This a great result that compensates the unreasonably high inflation in Turkey. It is also time that politicians put in place adequate policies to tackle inflation and increase purchasing power to decrease the level of poverty among ordinary people. Once again we condemn the decision to deny workers their fundamental right to strike. We congratulate workers at the Bekaert factory in Izmit, represented by Birleşik Metal İş on their huge success.”

Photo credit: Birleşik Tarım-Orman İşçileri Sendikası

North America cement workers join for network meeting in Pittsburgh

United Steelworkers’ union hosted the meeting on 5 December in their headquarters in Pittsburgh, Pennsylvania, USA. Delegates from United Steelworkers US and Canada, International Brotherhood of Boilermakers, Teamsters Canada and Unifor participated in the meeting.
 
While this year saw a very positive development of inclusion of the right to occupational safety and health as fundamental principle and right at work at the International Labour Conference in June 2022, the participants noted with regret that this year was very challenging for workers around the globe.
 
According to ITUC Global Rights Index monitoring the situation with trade union rights in 148 countries, 113 of them excluded workers from their right to establish or join a trade union, an increase from 106 countries in 2021. 41 per cent of countries denied or constrained freedom of speech and assembly, while workers experienced arbitrary arrests and detentions in 69 countries. 77 per cent of countries denied workers the right to establish and join a trade union. 87 per cent of countries violated the right to strike. In Belarus, Egypt, India, Myanmar, the Philippines and Sudan strikers and union leaders were arrested or faced with violent repression. In thirteen countries trade unionists were killed.
 
The two first biggest companies are of Chinese origin China National Building Material and Anhui Conch Cement. The third in the row Holcim changed its name back (previously LafargeHolcim) finished the year 2021 with 350Mt/y capacity, but in 2022 decreased cement capacity by 23 per cent from 270 Mt/y. In India the company divested 70Mt/y capacities to Adani Group for $6.37bn, which allowed the latter to enter the ten top producers of the world. This was the biggest deal since acquisition of Italcementi by HeidelbergCement in the sector.
 
The fourth biggest group HeidelbergCement in 2021 sold their Kuweit, Sierra Leone and US West Region cement businesses. In September the company removed "cement" from their name and became Heidelberg Materials, and most likely may follow similar approach as Holcim diversifying their portfolio from cement to other building materials and solutions.
 
The delegates noted problems with implementation of sustainable health and safety practices at work such as problems of lockout-tagout in some Holcim cement operations in US resulted in a series of near miss incidents.
 
Participants noted an increased pressure during their bargaining from the side of employers who use different tactics of delaying and pushing off grievances and try to undermine workers and their unions in their capacity to negotiate decent working conditions and improved living standards. Understaffing at workplaces is another problem felt by many in the post pandemic period.
 
Unifor reported details about the end of 16-month lockout at Joliet Ash Grove in Quebec, Canada. Workers returned to work in October 2022.
 
In the same time, the delegates reported of an increasing interest on the side of union members to give a stronger focus on Just Transition, green upgrades to decrease carbon dioxide emissions, carbon taxation and other.
 
Alexander Ivanou, IndustriALL materials director, said: 

“Information is power, and this network allows us to continue our exchange of information and update each other on fights and struggles in our unions. The delegates agreed to maintain the communication within the network and continue the activities of the network in the next year.”

IndustriALL stands in solidarity with affiliates in Peru

In a letter addressed to the country's authorities, general secretary Atle Høie repudiated the criminalization of social protest and the violence carried out by the police and armed forces that has already caused more than 20 deaths.

Høie also expressed his support for the demands of social organizations to put an end to the crisis.

In letters addressed to President Dina Boluarte and Congress president José Williams, Høie supports proposals calling for:

IndustriALL is urging authorities to open dialogue and build commitments with social movements and Peruvian society in order to create a fairer and more inclusive society.

Solidarity with Bekaert workers in Turkey

400 striking workers stood in front of the Bekaert factory in Izmit. Strike action started 10 days ago following failed negotiations towards a new collective bargaining agreement. 

Over the last years, Turkey has faced massive inflation and consequently a huge decline in workers’ purchasing power. Wages are not enough for workers to make ends meet.

Bekaert has refused to give a fair wage increase. Workers asked for an increase that compensates the inflation and reflects the good financial results that have been made by workers in the Turkish Bekaert company.

The government decree refers to ‘national security’ as reason to ban the strike, although the sector has no connection to anything relating to national security. Birlesik Metal-Is, the representative trade union in Bekaert Izmit and workers rejected this ban and continued their strike.


The president of Birlesik Metal-Is, Adnan Serdaroglu, said:

“The only way for workers to demonstrate their rights is for them to strike. This ban is illegal and therefore we stand here today, in front of the Bekaert factory, to demand that our voices are heard and our rights are respected. 
“We want to warn Bekaert management that the international management of the company must intervene to solve this problem and grant workers their basic rights.
The general manager of the factory has sent workers emails, threatening to dismiss them for their legitimate strike action and threatening them with damage costs which they would have to pay out of their own pockets.”


General secretary of industriAll Europe, Luc Triangle, told the Bekaert workers:

“You have our full support and solidarity. What Bekaert is doing in Turkey is totally unacceptable. We all know that inflation is skyrocketing in Turkey, and you deserve a good collective bargaining agreement. It’s a sign of weak management, if management must hide behind the Erdogan regime to block a strike. Employers need to negotiate, and you have the right to strike! The Bekaert group needs to take its social responsibility seriously, not only in Belgium but everywhere else, including Turkey. Together will be following this case closely and will widely publish the proceedings if this issue is not resolved fast. The new collective agreement must be signed as soon as possible. We are with you in this fight!”


IndustriALL Global Union asistant general secretary Kemal Özkan added:
 

“The right to strike is an essential part of a democratic society and a fundamental social and economic right. Its recognition and protection must be the rule and any restriction might be the exception. Therefore, the Turkish legislation is in a contradiction of these internationally recognized standards. As a matter of fact, the committee of freedom of association of international labour organization already expressed its regrets several times on the systemic practices of the Turkish government in banning the strikes on grounds of national security. This is completely unacceptable as far as trade unions are concerned and it brings us to a situation in Turkey where the right to strike is not in place practically. We urge the central and local management of Bekaert not to hide behind the presidential decree but instead recognise the right to strike and sit down with the union representatives of Birleşik Metal İş for a good faith bargaining without any delay.
Our struggle will continue until justice arrives on the plant.”

Sanofi trade union network building constructive relationship with management

At the IndustriALL Global Sanofi Trade Union Network meeting at the company offices in Paris on 16 December, Sanofi employee representatives from Asia, Latin America and Europe invited management to discuss the company’s policies for respectful operations regarding people and the environment.

While IndustriALL affiliates in some countries are facing challenging issues at Sanofi, the full network welcomed the constructive management message about building a relationship with IndustriALL and the Union Network.

Aline Eysseric, Chair of the IndustriALL Global Sanofi Trade Union Network said:

“Sanofi employees around the world are seeing their living costs rise and are working to increase their wages to keep up with inflation. Our Network includes worker representatives reporting a range of realities, from mature industrial relations, to deadlocked negotiations. We are committed to working together to improve the lives of Sanofi employees everywhere.”

Sanofi is a world leading pharmaceuticals company, headquartered in France. The company’s recent financial performance has been very strong, posting nearly 38 billion euros in sales last year, and growth this year of over 17 per cent. The company’s global workforce has reduced over the last six years from 106,000 to 95,000, with most of the cuts made in sales positions.

The company has 69 industrial sites in 32 countries, and 21 research and development sites in 7 countries.

IndustriALL affiliates in different Asian countries are dealing with Sanofi reducing or selling their operations. These cases in particular require follow up between management and the global network.

IndustriALL Pharmaceuticals sector director Tom Grinter said:

“This is progress for the IndustriALL Sanofi Trade Union Network. Management is working constructively with us, and we will be following up on the priority issues of the group. Our network has strong unity, an experienced Chair, good flowing communication between the members throughout the regions, and a common commitment to work together to solve issues facing Sanofi workers.” 

PROFILE: Ukrainian union works throughout the war

Union Profile

From Global Worker

no 2 November 2022

  

Country: Ukraine

Union: Nuclear Power and Industry Workers of Ukraine     

Text: Nazmia Leite

A nine-month Russian occupation and the bombing of nuclear plants has led many workers to lose their jobs, or even their lives. IndustriALL affiliate, the Nuclear Power and Industry Workers of Ukraine, Atomprofsilka, has not without challenges still managed to serve its workers during this destructive time. In a conversation with the Ukrainian union president Valeriy Matov and international officer, Lesia Semeniaka, we are exposed to how the union has been operating during a war.

Nuclear workers are suffering. Over 200 workers have been kidnapped and many have been tortured to death. Russian soldiers have occupied nuclear plants and workers are under everlasting physical and psychological pressure. Before the war, the Zaporizhzhia nuclear power plant (ZNPP) had over 11,000 employees and now has less than 10,000 workers. 

“This Russian war takes so much from us, nine months ago we had a beautiful city. The power plants were constructed where energy workers lived. Families were able to live together, and children could go to school. Workers had good wages and they were able to support their families. That is all gone now,”

says Lesia.

Atomprofsilka continues to operate during the war. Depending on bombing threats and shelling, unionists either work in their office or staff will operate remotely, depending on electricity supply and internet service. The daily trade union work has shifted, and the first goal is to assist members who have been affected by the war. 

“Sometimes, we can connect with members in Kyiv via cellphones. Members struggle to give us information. We have been stripped of basic trade union rights, operating under martial law, which means we can’t strike,”

says Lesia.

The union has collected money from their wages to assist Ukrainian armed forces.

“We have used external aid to accommodate displaced people who are fleeing to Western regions of the Ukraine. A portion of the money is to help the army and provide medical treatment,” says Valeriy. 

The union has tried very hard to service its members during this calamity. “Weeks ago, we purchased clothing for 167 people, military and civilian prisoners, who were able to return from Russian captivity. We are providing accommodation for women with small children who had an opportunity to leave Enerhodar city. We have had so much support from our employees. They have volunteered their time, and the employees at the Rivne Nuclear Power Plant transferred three per cent of their monthly salary to assist,” says Valeriy.

The war is worsening by the day. In March, the ZNPP was captured by Russian forces. Station workers are not allowed to leave Enerhodar and the ZNPP. This nuclear plant is subcontracted to a Russian nuclear company and workers are pressurized to sign contracts with them. 

“Our people are under so much strain, they are scared. Enerhodar has no power, no heat. Winter is coming and many people will die. Problems are growing and there seems to be no end. Workers will be asked to retire early, salaries will be reduced, the lack of tax income will give the Ukrainian budget a huge knock. There is just no end,”

says Valeriy.

Solidarity is important during these times. People flee from war, lose their jobs and trade unions need to support their members. 

“We are so grateful for the financial assistance that IndustriALL and affiliates have provided. We are also appreciative that IndustriALL is supporting our demands to the international community to make a war free zone around ZNPP and liberate workers,” says Valeriy.

Atomprofsilka serves workers in the nuclear sector, in uranium production (Eastern Mining and Processing Complex, SkhidGZK), Chornobyl Exclusion Zone, workers in the national parks of Ukraine, public sector workers, and a small portion of health workers.  At the end of 2021 they had over 50,000 members, which includes pensioners, youth, and women. The daily bombings make it difficult to know the current membership. Many plants have been damaged and equipment destroyed. Rebuilding jobs and lives will take years.  

KMWU demands labour law reform

The union leaders from IndustriALL Global Union affiliate Korean Metal Workers’ Union (KMWU), the central confederation KCTU and public and transport workers’ union are calling on South Korea’s government to enact revisions to Articles 2 and 3 from the revised Trade union and labour relations act in order to implement ILO Conventions 87 and 98, ratified in April 2021.

KMWU is demanding that the Korean government expands the definition of worker and employer to ensure that subcontracted workers are guaranteed a legal basis for negotiating with the principal employer. The Act must also be amended to respect workers' right to strike.

As a result of the current draconian labour law, five elected officials from KMWU Shipbuilding Subcontracted workers' Local are being sued by the principal employer for KRW 47 billion (US$36 million) in damages for striking this summer.

"We remember the self-immolation of labour martyrs Bae Dalho and Kim Joo-ik after employers sued them for strike damages, the damages claims suit for the 2009 Ssangyong Motors workers’ strike and the strike damages Daewoo Shipbuilding subcontracted workers faced in 2022. Countless workers have been driven to death and democratic unions have been destroyed,”

says Yoon Jang-Hyeok, KMWU president, and one of the unionists on hunger strike.

“With ILO conventions 87 and 98 ratifies, this must end. We call on the Korean government to revise the Act for effective recognition of the right to collective bargaining and strike.”

“The astronomical damage claim for going on strike is despicable. IndustriALL calls on Daewoo Shipbuilding and Marine Engineering and Hanwha Group to immediately drop the lawsuits against unionists, and on the Korean government to bring law and practice in line with international standards. We will raise the lack of implementation of Conventions 87 and 98 by the Korean government at the ILO,”

says Atle Høie, IndustriALL general secretary.

The unionists and activists on hunger strike are Yoon Jang-Hyeok, president of KMWU, Yoo Choi-ahn and Lee Kim Chun-taek from KMWU Shipbuilding Subcontracted Workers' Local, Park Hee-Eun, KCTU vice president, Yu Seong-wuk from the KFSU CJ logistics drivers union, Chung Yongjae, vice president of Korean Public and Transport Workers’ Union, Yang Kyung-soo, KCTU president and human rights activist Park Lae-Goon from a coalition of 130 organizations called “Movement Headquarters to revise articles 2, 3 of the trade union law to prohibit damages claims and for principal employers responsibility”.

 

Presidential decree blocks Bekaert workers in Turkey from exercising their right to strike

However, President Erdoğan issued a decree citing national security and public health concerns, forcing the strike to be postponed for 60 days. It is assumed that the decree was initiated by Bekaert management. The postponement of the strike is tantamount to a ban.

Bekaert Turkey produces steel wire for tyres. National security concerns are clearly a pretext to prevent the strike and violate workers' rights. Issuing a Presidential decree to ban strikes and circumvent workers’ fundamental rights happens every so often in Turkey.

International trade union solidarity and press event, 22 December 2022

European workers' representatives, IndustriALL Global Union and industriAll European Trade Union will hold a solidarity event with Bekaert workers in Turkey, including a press conference, on 22 December at 10:00 CET.

The hybrid event will take place in front of the factory gate in Izmit and online.

Representatives of the European Works Council of Bekaert, IndustriALL Global’s deputy general secretary Kemal Özkan, industriAll Europe’s General Secretary Luc Triangle and workers representatives from Belgium, Spain and Slovakia have confirmed their participation.

N.V. Bekaert S.A. is a global company headquartered in Belgium. It operates in 45 countries and employs 28,000 workers worldwide.

Photo credit: DISK