IndustriALL-Brazil aims to unionise 10,000 workers

From 1 to 3 August, union leaders from Brazil’s industrial sector met in São Paulo for a workshop on the development of a process and a strategic plan to organise workers in 400 companies in Brazil’s industrial sector, as part of a project supported and implemented by IndustriALL Global Union, IG Metall and IndustriALL-Brazil.

During the three-day gathering, the participants developed a work plan for each participant to train ten other union representatives in their grassroots union organisations. By so doing, some 400 union leaders will be involved in organising activities and campaigns.

The participants discussed strategies to identify and promote union leaders who can help increase unionisation in Brazil. They also worked in groups to identify the problems, strengths, weaknesses, and opportunities for organising in their respective factories and unions.

Edson Dias Bicalho, general secretary of FEQUIMFAR and a member of IndustriALL’s Executive Committee, stressed the importance of unionisation, and said:

“Brazil’s labour reform in 2017 has allowed negotiations between individual workers and the employer. Since then, we have seen a loss of collective rights, because there cannot be strong unions without the mass participation of workers. That’s why we need to reach out to the industry, using modern communication strategies, giving greater visibility to our common struggle, union proposals and the fight for better pay.”

IndustriALL-Brazil’s president, Aroaldo da Silva, who was also present for the three days of discussions emphasised the need to strengthen the organisation of workers in the workplace, said:

“We need to increase our union membership and representation, to give us more power both in collective bargaining in the workplace and at the negotiating tables of collective bargaining agreements with employers, regional and national governments. If we are not part of the union, we will not the power to face our challenges.”

The participants also discussed the role of the union, how to develop a successful organising campaign and learned about organising strategies in Germany and the United States.

Sexual harassment blocks young women’s training in Kenya’s automotive industry

“As a young woman you have the urge to acquire skills, and you are eager to learn, as you are new to the field. However, the opportunities for the artisan training are found in the established garages in the informal sector where most male trainers demand sex from young women as a condition for undergoing training. This causes most young women to change from one workplace to another in search of a suitable place for their learnerships where they can obtain skills and knowledge without being sexually harassed. Imagine you are lying on your back fixing a car, and a man starts groping you anyhow. This dampens your learning experience,” narrated Wambui at the workshop attended by 30 participants including 11 women.

“At one garage I worked for months without touching a spanner: without being given skills learning opportunities. I ended up washing cars simply because no one was willing to mentor me as a trainee. Obviously, I was being punished for refusing sexual advances. In other instances, the male technicians will try to lure you with money by giving you large sums of money for doing minor repairs. But when you reject their advances; they start ignoring you.”

“Women are vulnerable during the beginning of their careers in the auto sector as most of them are not paid wages when undergoing training. What is worse is that there are no support mechanisms for young women who enter the industry, and in most cases, they are on their own. It is only after joining the Amalgamated Union of Kenyan Metal Workers (AUKMW) that I realised that unions could offer support to the young women artisans.”

Wambui says sexual harassment is common in the male dominated informal sector known locally as Jua Kali “hot sun” in Swahili as most of the auto repairs are done in the open roadside garages and workshops.

Rose Omamo, general secretary of the AUKMW and IndustriALL Global Union vice president says:

“Shop stewards must lead on the dialogue on gender-based violence and harassment in the automotive sector and the Jua Kali. The union must advocate for the ratification of Convention 190 to eliminate gender-based violence and harassment (GBVH) in the world of work and for the implementation of Recommendation 206 so that gaps in the current laws are closed. All workers – women and men – should be sensitized on GBVH.”

Explained Paule France Ndessomin IndustriALL regional secretary for Sub Saharan Africa who participated at the meeting.

“Our mindsets must change as unionists if we are to effectively deal with gender-based violence and harassment. Workers must know their rights and existing mechanisms to stop GBVH and must reports violations and act against the perpetrators.”

The AUKMW, an affiliate of IndustriALL Global Union, and the IndustriALL Sub Saharan Africa regional office, organized the workshop. The AUKMW which organizes workers in the automotive sector, has formed partnerships with the Jua Kali automobile sector to protect workers’ rights.

Union wins as Indian court reinstates 150 unfairly dismissed garment workers

On 6 August, an industrial tribunal awarded reinstatement of the 150 workers illegally locked out by the management, along with payment of back wages and seniority benefits.

The management of SLAM Clothing, which has a factory near Chennai, locked out workers to stop workers from entering the factory following the union’s demand for the payment of outstanding wages. Instead of engaging with the union or approaching the government for permission to close the factory as is required under law, the management chose to block workers from entering the factory. This means the factory was unilaterally shut by the management who also forged workers’ signatures on the resignation letters.

GAFWU raised the matter of the illegal lock-out with the Labour Commissioner’s office. Due to the management's refusal to participate in the conciliation process, there was no agreement reached between the management and the workers. Thus, the Labour Commissioner's office referred the matter to an industrial tribunal for adjudication.

The court order granting payment of back wages will help the union fight for the recovery of wages against SLAM Clothing.

Palani Bharathi, General Secretary of GAFWU said:

“Our fight will only intensify from here. We have won the battle in the courtroom but management that arrogantly chose to sit out the entire proceedings still needs to be held accountable for the serious violations of workers’ rights.”

“We applaud the workers’ court victory against the anti-union antics of the management at SLAM Clothing, and hope that this comes as a lesson to some employers that more can be achieved in building industrial peace by listening to workers’ grievances and paying their wages on time,”

says Apoorva Kaiwar, IndustriALL regional secretary for South Asia.

Global brands purchasing practices linked to abuse of garment workers in South Asia

There are several reports of gross violations of workers’ rights in garment manufacturing units in South Asia where most of the production for global apparel brands takes place. Women, who make up more than 80 per cent of the workforce in the sector, experience sexual harassment at work daily. IndustriALL affiliates in the region have repeatedly highlighted the issue, which has worsened over time as production catered for the fast-changing needs of the sector.

The abuse of women is systemic, where deeply rooted patriarchy plays a vital role in ensuring the control of women on the shopfloor. The abuse by men in authority is manifested in the form of gender-based violence and harassment. The abuse ranges from groping, touching, leaning, hitting, punching, slapping, pulling hair, offensive comments about their body, sexual jokes, obscene gestures, and offensive text messages, among others.

Violence is also used as a tool by management to ensure productivity. Women are constantly mocked — for not working fast enough to meet the production target but also for taking washroom breaks, their attire, menstruation, and pregnancy. A member of an IndustriALL affiliate in India reported that her supervisor threatened her with rape if she failed to complete the work.

Affiliates in Sri Lanka and Bangladesh shared that production managers and supervisors frequently seek sexual relationships with workers promising benefits like pay raises, and reduced workloads. Workers who refuse these offers risk punishment, including being fired, due to the power hierarchy between male supervisors and women workers. Threats of dismissals are also frequently used to ‘discipline’ workers on the shopfloor.

Anton Marcus, general secretary of IndustriALL affiliate Free Trade Zones and General Services Employees Union, says:

“Workers are sexually harassed and abused not only on the shopfloor but also while commuting to work, and in their hostel accommodation. We have seen that compared to their male counterparts, female machine operators are subjected to greater criticism and abuse from their supervisors.”

The stigma associated with reporting sexual harassment and laxity in the implementation of the rule of law deters workers from reporting the abuse. This in turn emboldens perpetrators to continue the harassment. In cases where women report abuse, they are often penalized by management to set a precedent for other workers to toe the line. Either they are retrenched on flimsy charges, or they find themselves in the spiral of continuous abuse where their targets are increased, leave denied, wages deducted on arbitrary charges. Sometimes they are transferred to precarious jobs. As a result, affiliates in the region find it extremely challenging to respond to cases of sexual harassment.

Rampant sexual harassment reported by our affiliates poses a risk not just to the workers experiencing it, but also to brands sourcing from these workplaces. They are ultimately responsible for working conditions in their supply chains and hence need to ensure that the women working are safe at their workplaces.

There are mechanisms now in place such as the RMG Sustainability Council complaint mechanism in Bangladesh and the national monitoring committees set up under the global framework agreement that IndustriALL has with H&M which can deal with issues of sexual harassment, apart from the legal recourse available. The affiliates are educating their membership to use these mechanisms to address sexual harassment. Brands will have to do their part by getting their suppliers to respect and follow these mechanisms.

Apoorva Kaiwar, IndustriALL regional secretary for South Asia says:

“The fight against sexual harassment and gender-based violence is an integral part of the fight for decent work in the supply chains. The responsibility for dealing with this toxicity in the garment supply chain ultimately lies with the big retail brands that profit from the supply chains. Collective action is needed to ensure that brands take responsibility.”

Indonesian unions sign zero-tolerance policy on violence and harassment with companies

Under the leadership of the women’s committee of the IndustriALL Indonesia Council, five social dialogue meetings were held with employers, and 38 companies signed a zero-tolerance policy on violence and harassment with the respective trade unions.

According to the zero-tolerance policy, employers and trade unions commit to reject any forms of violence and harassment in the world of work, covering permanent workers, contract workers, outsourced workers, and others.

Furthermore, employers and trade unions agreed to form a team to handle complaints on sexual violence and harassment. The team’s role is to stress that victims of violence and harassment have the right to lodge complaints and should be provided full protection in terms of safety, privacy, and psychological support.

“This zero-tolerance policy is a good starting point of collaboration among employers, unions, and the government. We believe that the joint committee will lead us to better protection for our members in the world of work, although it is still a long way to go,”

said Ira Laila Budiman, the chairperson of the women's committee of IndustriALL Indonesia.

“This policy that encourages the establishment of joint complaint mechanisms is a good example that hopefully could be replicated by trade unions in other countries. Joint prevention and complaint procedures and mechanisms involving trade unions are proven to be more effective and impartial, and more trusted by the workers who felt better protected,”

said Armelle Seby, IndustriALL director of gender and non-manual workers.

In 2019, the Indonesian government supported the adoption of ILO Convention 190 at the centenary International Labour Conference. However, despite various calls from trade unions and civil society organizations, the government is yet to ratify the convention. The ILO website shows that the Indonesian government has submitted the Convention 190 to the competent authority for consideration.

Indian unions demand better occupational safety and health for workers

The roundtable was organised by IndustriALL Global Union which was represented by its leadership and that of the Indian affiliates. Participants were drawn from officials of the ministry of labour and employment including the chief labour commissioner of India, the directorate general of mines safety and representatives of the public sector coal mining and steel manufacturing companies along with the Confederation of Indian Industry.

According to data collected by IndustriALL in 2021, at least 429 accidents occurred in the manufacturing industries, including chemical and pharmaceuticals, mining, and steel, in which more than 352 workers lost their lives and over 700 workers were injured. In the first half of 2022, at least 78 industrial and mine accidents have been reported, killing at least 199 workers and injuring more than 348. It is from this background, and to focus attention on the dangerous state of industrial safety and the steps that need to be taken to prevent industrial accidents, that the roundtable was held. Such ‘accidents’ are vastly underreported in the country. Affiliates demanded that governments and employers must release the information on industrial accidents and make it accessible to trade unions for scrutiny.

Inadequate hazard identification process and risk assessment, lack of training especially for precarious workers, the inadequate number of health, safety and factory inspectors, absence of safety audits of industrial establishments, and government-sanctioned slackness in management’s commitment towards safety at workplaces, among other reasons, contribute to industrial incidents’ occurrence in the country.

The state of health and safety further deteriorates as production moves down the supply chain to small and medium enterprises which face the brunt of cost-cutting by large corporations to maximize their own profits. Meagre fines encourage small and medium enterprises to ignore health and safety standards at the workplace. The passing of the new Occupational Safety, Health and Working Conditions Code 2019 has changed the role of the factory inspectors.

“The situation is only set to worsen with the new labour code in which the earlier mandatory provisions to ensure workplace health safety have been removed. Now principal employers cannot be subjected to criminal action in case of workers’ death,”

said Sanjay Vadhavkar, general secretary of Steel, Metal and Engineering workers Federation of India (SMEFI) and a member of IndustriALL executive committee.

Government officials and mining and steel industry representatives shared that they have several bipartite and tripartite committees on occupational health and safety that meet on a regular basis. They said that they will work to incorporate the demands made by the trade union representative in this roundtable.

Kemal Özkan, Assistant General Secretary, IndustriALL Global Union who chaired the roundtable said

“Self-certification under the new labour codes is going to majorly undermine workplace safety in India. We must not forget that workers are the real experts on the matter as they face the risks. Workers have the right to know workplace hazards, the right to refuse or shut unsafe work and the right to fully participate in decision-making and implementation of health and safety policies. Therefore, we demand that governments and employers must engage with unions as equal partners to better health and safety conditions at workplaces.”

At the recently concluded International Labour Conference, delegates adopted a resolution to add the principle of a safe and healthy working environment to the International Labour Organization’s Fundamental Principles and Rights at Work. India, as a member of the ILO, will need to take steps to ensure better safety at workplaces.

South African mineworkers discuss strategies to prevent injuries and deaths from mine accidents

The campaigns and strategies are aimed at accident prevention in the mining industries and other workplaces that the union organizes. One of the strategies discussed at the meeting is to demand an effective labour inspectorate in the national department of mineral resources and energy. The NUM says the labour inspectors are not consulting with the union therefore making unilateral decisions on Section 54 notices of the Mine Health and Safety Act which stop operations at mines for health and safety reasons. In some cases, inspections are not done, accident reports are not issued as prescribed in the law, and the inspectors have not been seen in some mines for long periods of time.

The NUM strategies empower and strengthen the capacity of occupational health and safety and trade union committees at workplaces to play essential roles in reporting accidents and emphasising on the right to stop dangerous work. Further, the union wants the government, and mining companies to provide more labour inspection services.

The provision of suitable personal protective equipment for women miners continues to be an outstanding issue. Additionally, the union says heat stress management is being used as an excuse to retrench some women miners and want this unfair labour practice to be stopped.

Masibulele Naki, the NUM national secretary for health and safety said:

“Despite the challenges, we are joyful in that the fatalities related to the fall of ground are getting less. This makes us confident that achieving zero harm and zero fatalities is possible. We continue with our campaigns and training on health and safety and so far, we have trained 500 workers, in addition to the regular training that we provide to the health and safety shop stewards.”

Falls of ground – rockfalls, rock bursts and strain bursts – have caused most of the death of mineworkers in South Africa. According to the Minerals Council of South Africa there have been no fall of ground accidents in the first seven months of this year.

Speaking at the meeting, Glen Mpufane, IndustriALL director for mining and occupational health and safety lead said:

“The NUM must not lose sight of the gains it has made in making South African mines safer for mineworkers. The union’s success stories are a global model for the mining industry. Importantly, the union must continue to protect the lives of workers through health and safety campaigns that help to prevent fatal accidents and emphasize on health and safety as a fundamental right at work. Mining companies must always be reminded to adhere to mine safety standards and ILO conventions.”

He cited Convention 155 (Occupational Health and Safety Convention), Convention 176 (Safety and Health in Mines), and related recommendations.

The IndustriALL regional office for Sub Saharan Africa has set up a platform to address the health and safety deficits on the continent. With most African economies relying on the lucrative export of minerals, there are more occupational health and safety challenges in the mining sector where fatal accidents are common and largely unchecked with some mining companies not having accident prevention policies. Although health and safety laws exist, implementation and enforcement remain a challenge. In some countries failure to enforce the legislative framework is often attributed to lack of financial resources to employ enough labour inspectors.

Unions want social dialogue on the Just Transition for workers

The initiative, which is organised by the International Trade Union Confederation (ITUC), LO Norway and IndustriALL Global Union held a workshop on country cases and is a platform for unions globally to exchange information on the Just Transition in the oil and gas value chain.

In Australia, the new labour government is now likely to agree to unions demands for the creation of a national Just Transition Authority. The longer-term role of natural gas in the energy transition is still being shaped.

ITUC General Secretary and former Australian Council of Trade Unions President Sharan Burrow said:

“There is cause for optimism with the new government. Australian unions are doing a lot to make sure that they are part of this process and are pushing government to focus on investment and a Just Transition for workers.”

Indonesia, whose government will host the G20 this year, has a net zero roadmap to phase out coal fired power by 2060. However, unions are concerned that there is no clear plan on how to reach these targets or what they mean for the 1.2 million workers in coal mining. Unions want a tripartite social dialogue to shape this plan and to include discussions on the future of the oil and natural gas industries.

In Iraq transition plans and investment have come to a halt due to instability in the country, while government remains hostile to union collaboration. Hashmeya Alsadawe, International Secretary of the Iraqi electricity sector unions, said:

“There is so much opportunity for renewable energy in Iraq, yet there is flaring of gas all over the country. Climate change and global warming are universal problems, and we need global pressure on the Iraqi government.”

Japanese unions reported on the country’s ambitious roadmap to tackle climate change. Cooperation between unions and the government is strong. With tight electricity supply and high natural gas prices, the government and unions see roles for solar power and nuclear energy. To maintain security of supply, the Japanese government is seeking for natural gas suppliers.

New Zealand is the first country to announce a phaseout of offshore oil and gas drilling with an inclusive Just Transition plan for workers and communities. Further, there is support from unions on plans to achieve net-zero emissions by 2050. But the E tu is optimistic.

“We have the right framework and there are many positive developments. We are still learning; the transition process is not perfect… If there is a change of government, we are concerned about what it might mean for the process.”

said Irina Freilekhman, researcher at E tu.

“Just transition in the energy sector should not throw any worker under the bus, the human aspect is important”

said Ayuba Wabba, President, ITUC and Nigeria Labour Congress who insisted that social dialogue, social protection, decent sustainable jobs, investment and innovation are key to ensure that workers see a real Just Transition no matter where they are in the world. In Nigeria, trade unions are part of a tripartite social dialogue process on delivering the country’s commitments to the UN climate process, but more needs to be done especially on what unions can do collectively to have a seat at the table.

Afolabi Olawale, General Secretary of the Nigerian oil workers’ union NUPENG, said:

“We will not support an unconditional transition without decent jobs.”

He explained that despite the energy transition plan with many renewable energy jobs, the government still invests heavily in oil and gas exploration. Oil and gas exports account for 65 per cent of Nigeria’s national revenue. While oil jobs are below 5 per cent of direct employment, they are the best quality jobs available.

In South Africa COSATU and its affiliates have developed a Just Transition Blueprint for Workers for the coal-energy value chain, agriculture, and transport. The Blueprint provides policy, collective bargaining, and other tools for unions to ensure that workers can drive the agenda of a radical transformation of the economy. South Africa’s energy mix going forward is under discussion after recent announcements by the government. There will be more renewables, and potentially a greater role for natural gas.

Spain's Just Transition strategy for the energy sector is part of a larger decarbonization effort for the whole economy. Social dialogue is a big part of this process and unions are closely involved. Union confederations CCOO and UGT reported a complex yet positive start to the process, which started with a coal phaseout and a rapid buildup of renewable energy and last year expanded to include a ban on new oil and gas drilling.

The next workshop on country cases will be on 31 August 2022.

Garment workers hospitalised after another gas leak at Brandix factory in India

On 2 August, the women workers complained of difficulties in breathing, suffocation, nausea, coughing and headaches while some of them also fainted before they were hospitalised. The incident took place when more than 4,000 women were working in the factory.

This is not the first time that the poisoning is happening. A similar incident occurred in this factory on 3 June. And no action was taken by Brandix to prevent the recurring of the incident, further exposing the garment workers to another noxious gas leak. According to recent press reports, this time the government has ordered a temporary closure of the manufacturing unit to allow for an inquiry to be carried out.

Most of the women are contract workers who make up the majority of the workforce in SEZs. Since trade union recruitment and organizing in SEZs is restricted, it becomes difficult for workers to speak out against plant owners’ negligence that is threatening their health and safety which is protected by labour laws. Although Brandix’s corporate social responsibility expresses commitment to women’s health, the contrary is happening to the contract workers.

Apoorva Kaiwar, IndustriALL Global Union South Asia regional secretary says:

“It is shocking that such an incident has taken place in the same factory in less than two months. This should have been prevented by the management after the last gas leak. Neither employers nor government departments are concerned about workers’ lives. Trade unions should be given access to SEZs to protect workers’ rights to health and safety at work.”

Union takes Zheng Yong garments to court over dismissal of 20 workers in Eswatini

The five-week strike took place from April 5 to May 9 with the main demand being wage increases of at least E15 per hour or E2983 (US$179) per month. However, the employers awarded a paltry 7.25 per cent increase or E12 per hour.

The union says instead of engaging on the workers demand, the employers teamed up with the government and used strike breaking tactics and violence against the workers including teargassing them in their homes and threats of violence. According to the ITUC Global Rights Index for 2022, Eswatini is amongst the “10 worst countries for working people.”

Further, it’s been over three months since the garment manufacturer gave the dues that it is collecting from 1247 workers to the union. By not surrendering the dues as per the labour laws, Zheng Yong, which employs about 4000 workers, is flouting national labour laws, says ATUSWA which is affiliated to IndustriALL Global Union. The union says withholding the dues is a form of union busting as it violates Section 43 of the Industrial Relations Act which states that an employer “shall promptly remit” union dues after collection. ATUSWA argues that the employer’s actions can be construed as punishing workers for going on strike which is against the law.

To resist the push back, ATUSWA is taking Zheng Yong to the Industrial Court to challenge the dismissals and for violating workers freedom of association. Additionally, the union says the employer must respect trade union rights.

Wander Mkhonza, ATUSWA secretary general says:

“Zheng Yong and other employers must improve working conditions in the garment and textile sector and not always resort to threats and legal action. Employers must engage with the union when there is a dispute instead of taking drastic action such as dismissing workers for striking for living wages.”
“Adopting an anti-union stance is detrimental to promoting industrial harmony between ATUSWA and Zheng Yong. The employer must pay living wages especially after recent increases in the cost of living. We recommend approaches that promote social dialogue and mediation and arbitration to resolve the dispute,”

says Paule France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa.