Notorious labour law adopted in Ukraine

Martial law in Ukraine already greatly restricts workers’ rights, although these restrictions are clearly time limited. Workers are among the hardest hit by the Russian aggression and the ILO estimates that 4.8 million jobs have already been lost.

The adoption of law no 5371 will exclude workers of small and medium-sized companies from legal protection by setting a new "contractual regime for regulating labour relations", where all working conditions are determined by an employment contract instead of by labour law.

Dismissals will be at the employer’s discretion, as the employment contract would determine the grounds for dismissal instead of the current strict list of grounds provided by the labour code.

Trade unions have been excluded from the development of the law. According to the Confederation of Free Trade Unions in Ukraine, the law eliminates the role of unions in representing and protecting workers and labour rights, in direct violation of Ukraine’s constitution and ILO Conventions 87 and 158.

Valeriy Matov, chairman of Atomprofspilka and member of IndustriALL’s Executive Committee says:

“The law makers use insidious tactics not taking into account the proposals and developments prepared by unions, which are the main social partners, and the main experts in the field of practical labour law.

“The law makers have included changes that they failed to adopt earlier and thus distort the law itself, the integrity of labour code, violate international norms, resulting in a deterioration of labour rights for millions of Ukrainian workers."

Mykhailo Volynets, chairperson of the Confederation of Free Trade Unions of Ukraine, says:

"We won’t tolerate disrespect to workers’ rights, international labour standards, and European values.  We insist that the effectiveness of rebuilding Ukraine and its success in the future depends on the level of protection of workforce rights.

We're grateful IndustriALL for solidarity and appeals to Ukrainian authorities on the concerns regarding the promotion of the law N5371.  It helps us to defend workers' rights."

The change to the labour legislation received negative expert opinions long before the war started, including from the ILO. In 2021, the ILO said that the contractual free will is very likely to translate ‘at the employer’s discretion’ in practice.

“This is an appalling development. We find it unacceptable that at a time when the country needs unity and solidarity, the Ukrainian Parliament considers modification of labour legislation as a priority,”

says IndustriALL general secretary Atle Høie.

In a recent letter to the European Union, IndustriALL and IndustriAll Europe expressed concern about the recent developments of the labour legislation and stressed that labour and trade union rights are properly respected and implemented in line with the EU standards.
 

REPORT: From manufacturing to mobility – unions prepare for the mobility sector of the future

REPORT

From Global Worker No 1 June 2022

Theme: Mobility

Text: Georg Leutert

The future has already begun with the uberization of mobility; platforms connecting drivers and riders, with precarious working conditions for their drivers and other service personnel. What changes we can expect and what will be the impact on labour and unions?  

The facts

Main elements of future mobility concepts:

  • The quantity of cars in urban areas needs to decrease to get out of the gridlock and to reduce greenhouse gas emissions.
  • To maintain or even improve the level of mobility despite an important reduction of individual mobility (mainly by car), shared services have to significantly expand. This relates to both existing forms of public transport (trains, subways, trams, buses etc.), as well as to new ridehailing and ride-sharing services (buses, taxis, motorcycles, bicycles, scooters etc.).
  • Digital platform operators will allow the combination of all kinds of transport modes by introducing flexible intermodal/multioptional transport solutions.
  • The collection and usage of big data in artificial intelligence systems is a key component in all projects to digitize mobility concepts. 
  • The new technology will also allow the introduction of autonomous vehicles (e.g. ‘robotaxis’), requiring the installation of a variety of digital devices (internet, sensors, radar, lidar etc.), allowing proper communication between vehicles and between vehicles and the (road) infrastructure.
  • Autonomous vehicles allow access to rural areas by public transport. The elimination of labour costs would make it more profitable to service customers in sparsely populated regions.
  • Currently, it is mainly tech companies that have entered the mobility market as they have the software, the technology and the products required for the digitization of the sector, and the implementation of new services and transport modes.
  • Those tech companies base their economic action on different business models than traditional mobility providers. The credible presentation of a business concept to get access to venture capital is paramount. Quarterly balance sheets and short to mid-term profitability become of secondary importance.
  • The tech companies will not simply replace traditional mobility providers. There will be multiple forms of cooperation and networks. The open question is who will create most of the value added, who will set the working conditions etc.
  • The reform and digitization of transport systems will lead to job losses in the traditional public transport and automotive industry. It will create new jobs, particularly in IT, the service sector and in digital transport infrastructure. It is highly likely that the amount of new jobs will compensate for the jobs lost.
  • Among the new jobs there will be highly qualified and well paid positions and there will be other jobs, mainly in the service areas, that are often characterized by precarious working conditions.

The challenge

 

 

Although the quantitative analysis of job losses and gains seems to be less of a problem, the skill gap between today’s and tomorrow’s employment is a severe challenge. 

Here are just a few examples:

Arturo, 52

Has been working as a turner on CNC machines in a transmission plant of a large automotive company in Argentina for the past 31 years. His plant is going to close in the coming years as electric vehicles don’t need a (complex) transmission. Over the past three decades, some of the main skills that Arturo has acquired are: high precision metal machining, operation of a numerically controlled machine, maintenance activities, quality control, understanding of a complex manufacturing process, teamwork and shift work.
What will it take to up- and re-skill Arturo so that he can find a new job? How about adding new skills in the field of electronics and mechatronics to enable him to install digital road infrastructure required to the safe operation of autonomous vehicles?

Christine, 43

Has been working as ticket seller and later as station supervisor to ensure safety and cleanliness in a French underground system. She lost her work as ticket seller more than ten years ago to a machine. Artificial intelligence will also make her job as supervisor redundant in the course of the next five years. Her main skills today relate to the supervision of a rather complex transport system, vigilance systems, basic computer skills, teamwork and shift work.
What will it take to up- and re-skill Christine so that he can find a new job? How about some new computer skills so that she can monitor the introduction of robo-taxi fleets in the future?

Kiara, 28

Has been employed by a business-to-business call center in India for the past eight years. She was mainly in charge of book keeping operations for a large US company. A new software will soon make her activity unnecessary. The skills she acquired lie in the fields of book keeping and related computer programmes, basic controlling and customer relations.
What will it take to up- and re-skill Kiara so that he can find a new job? It probably requires some serious and on-going IT up-skilling for her to find a new job with a longer perspective.

The research

 

 

Two German researchers in the field of transport systems, professor Dr. Andreas Knie and Dr. Weert Canzler, have looked at labour impact of future mobility systems. (The related research will soon be made available here)

The discussion

A strategic debate is needed to make sure trade unions are well positioned to defend workers’ rights and to assert decent work and pay going forward.

Some core topics:

The project

 

 

Together with the International Transport Workers’ Federation (ITF), UNI Global Union and the German Friedrich-Ebert-Stiftung, IndustriALL Global Union is running a three-year project (2021-2023) on future mobility concepts to ensure decent work and pay. 

Mobility – IndustriALL

Main elements of the project:

  • Development of a detailed understanding of the mobility concept/market of the future: structure, transport modes, players, employment, business models, role of union

  • Analysis of the labour impact, the future skills requirements and the training needs

  • Evaluation and inclusion of all genderrelated aspects

  • Set a truly global perspective with equal input from the south and the north

  • Commissioning of studies by external experts

  • Launch of a strategyoriented debate between the unions in the sector

IndustriALL condemns termination of Belarus’ independent unions

Labelled “extremist organizations”, the government resorted to a sham court process to forcefully liquidate the Belarusian Independent Trade Union (BITU or BNP) and the Union of Radio and Electronics Workers (REP) on 12 July, after a trial at Belarus’ supreme court.
 
On 14 July, there were hearings in the supreme court on the liquidation of the Free Trade Union of Belarus (SPB). SPB chairperson Mikola Sharakh testified in court and in another outrageous move by the authorities, Sharakh was arrested when returning to his hometown, accused of an administrative violation. The following day, Sharakh was found guilty and sentenced to 15 days of arrest.
 
The Free Trade Union of Metalworkers (SPM) was also in court on 14 July. An official decision has yet to be announced by the supreme court, but it is safe to say that the regime in Belarus has effectively abolished all free, democratic trade unions in the country, with no right to appeal.

“The trials are an absolute scandal and have no place in a state which is governed by the rule of law. Belarus clearly defines itself outside any internationally recognized standard,”

says IndustriALL general secretary Atle Høie.

“IndustriALL condemns the rulings in the strongest terms. Our support for Belarus’ independent, democratic unions is unwavering and we will continue to fight for their rightful existence.”

The hearing of the Belarusian Congress of Democratic trade unions (BKDP) is scheduled for 18 July, but with all constituent members being liquidated, there is no legal reason for BKDP’s existence.
 
Acting BKDP chairperson Maksim Pazniakou says that an International Bureau of BKDP will be established.

"With the main goal to re-establish BKDP, the International Bureau is foreseen to maintain the independent trade union agenda, offer worker-friendly ideas to the workers of Belarus about how Belarus should look like, keep contact with workers in Belarus, provide mandatory solidarity support for the repressed as long as it is needed, and keep the work with international organizations."

As reported earlier, at least 15 BKDP leaders have been arrested, some of which are already imprisoned and some are awaiting trial.
 
There was some good news on 14 July, when Aliaksandr Mialeshka, SPB board member of the local union at the Belarusian research center for pediatric oncology, hematology and immunology, was released after seven days in jail.
 
If you haven’t already done so, please help put pressure on the authorities; sign and share the LabourStart solidarity campaign

Young workers in MENA join forces

The network decided to concentrate its effort to demanding and ensuring that youth becomes part of union decision-making bodies, to ensure youth involvement in all negotiations concerning their future and that young workers get equal pay and equal rights.

The young leaders discussed how to best translate the demands into reality. Initial possible strategies were shared focusing on what is feasible and the role of their unions.

The MENA youth network work was launched after IndsutriALL’s 2nd Congress in October 2016, young members intervened, demanding increased youth participation and representation. Since then, the network has met on a yearly basis, exchanging challenges and opportunities in the world of work for young workers in their region.

Initially, the network had a high turnover of participants. But by empowering young leaders through a project funded by Union to Union, young leaders have emerged in most of the participating countries and they are regularly participating in network meetings.

Participants have started working on a platform for young workers that would bring and allow more sustainability in defending and representing the voice of young workers and their interests. A MENA youth steering committee was formed, and nominations have to be submitted by 1 August. Two more meetings will be convened this year to continue and finalize the role and objective of the steering committee, as well as the youth resolution implementation roadmap.

Atle Høie, IndustriALL general secretary, who joined the meeting and congratulated participants on Eid, said:

“We are looking forward to seeing efficient youth structures that can the influence the policy discussions and the policies themselves.”

Union wins in wage negotiations in South Africa

According to Statistics South Africa, inflation peaked at 6.6 per cent in May.
 
SACTWU signed some of the agreements in the bargaining councils that were set up as part of the country’s industrial relations mechanisms. For instance, in the footwear sector the union settled for 6.8 per cent effective from 1 July to 30 June 2023 after negotiations and a wage dispute. The collective agreement was signed in the National Bargaining Council of the Leather Industry of South Africa on 11 July. Employers were represented by the Southern African Footwear and Leather Industries Association.
 
Similarly, in the leather tanning sector, the union and the South African Tanning Employers Organisation signed a 7.25 per cent wage increase deal in the National Bargaining Council of the Leather Industry, which will benefit 2500 leather tanning works in 24 factories. The agreement, signed on 8 July is for a year.
 
In yet another agreement on 6 July, the union says it signed for a 7.5 – 8 per cent with the worsted textile employers which will be for two years. The negotiations took place under the National Textile Bargaining Council, with employers represented by the National Association of Worsted Textile Manufacturers.
 
Additionally, the union negotiated for benefits that include the family responsibility leave as per the Basic Conditions of Employment Act.
 
SACTWU, affiliated to IndustriALL Global Union, also sent the agreements to the department of labour for extension to non-unionized factories and workplaces. South African labour laws allow for collective agreements that meet certain requirements to be extended to non-party employers who in turn will pay agency fees.
 
Andre Kriel, SACTWU general secretary says: 

“The signed collective agreements for the footwear sector, leather tanning, and worsted textiles, will be submitted to the minister of employment and labour, with a request for gazetting and extension to non-party employers. Agreements have also been signed in the woven and crochet textile, the cotton textile, and the general goods and handbags sub-sectors.”

“The strategic ways in which SACTWU’s collective bargaining teams approach negotiations allow for the maintenance of living wages and better working conditions in the textile, garment, shoe, and leather sectors and should be emulated by other unions. Extending the agreements allows non-union members to benefit as well strengthening solidarity and building union power,”

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

EU must end preferential trade arrangement with Myanmar military

The EU’s EBA trade scheme provides Myanmar with beneficial trading tariffs, in blatant disregard of the EU Generalised Scheme of Preferences’ (GSP) own regulations, which state that beneficiary countries must respect the principles of fifteen core conventions on human and labour rights.

Most trade unions in Myanmar are banned, union leaders have been arrested or are in hiding. The jobs facilitated by EBA are in no way decent jobs, respecting fundamental labour standards, and IndustriALL’s affiliate, Industrial Workers Federation of Myanmar (IWFM), compares the conditions to modern slavery. Unfortunately, real human rights due diligence is simply not possible in these conditions.

Shockingly, last month, the regime announced its intention to execute political opponents. By maintaining theEBA arrangement, the EU is creating a situation where European companies stand to profit from gross human rights violations and European citizens may unwittingly support the regime by buying products made in Myanmar under these terrible conditions.

“Myanmar is facing profound and well-documented violations of UN and ILO Conventions included in the GSP/EBA regulations, by multinational companies and brands, among which 61 EU well-known fashion brands,”

says Khaing Zar, IWFM president.

“Respect for the Conventions are conditions for maintaining the EBA and the workers’ rights need a prompt and effective response by the EU.”

The garment industry remains a vital source of foreign exchange for the regime. IndustriALL’s campaign demands that brands cease production in Myanmar, pointing out the discrepancy between their immediate withdrawal from Russia after the invasion of Ukraine, and their continued presence in Myanmar.

Despite the dire human rights situation in Myanmar since the coup in February 2021, most garment brands continue to source from the country; we believe often in breach of their own codes of practice. The brands claim their presence does not benefit the military and provides employment, but they provide important foreign exchange, as well as income to the regime in the form of taxes and duties.

“There is no decent work in a country ruled by a military regime and where unions cannot operate,”

says IndustriALL General Secretary Atle Høie.

“There is no way to do business in Myanmar without doing harm to the people and workers. We are urging the European Union to immediately suspend the EBA arrangement with Myanmar.”

Luc Triangle, General Secretary for industriAll Europe added:

‘’The message from garment workers in Myanmar to the EU is clear. Take action, suspend the EBA agreement, and cut off vital funds to the terrible military junta. We expect the EU to act responsibly and to act now.’’

Baseline expectations for asset managers on fundamental labour rights

Global asset managers invest capital on behalf of workers’ retirement savings funds. Pension fund trustees who sit on the boards of these funds and participate in the CWC network expect that their managers will uphold their responsibilities to mitigate adverse labour rights impacts in their investments, and positively address labour grievances when raised. Likewise, other types of asset owner vehicles, including foundations and religious investors, also have growing expectations of their managers.

“Global asset managers can hold sizeable stakes in public and private market investments where fundamental labour rights, such as the right to freedom of association and collective bargaining, are violated. Asset owners can now use the Baseline Expectations to drive actions by asset managers to use their influence and ultimately drive impact on the ground for workers whose rights are violated,” says said Paddy Crumlin, president of the International Transport Workers’ Federation and chair of the CWC’s Asset Manager Accountability Initiative Working Group.

The baseline expectations progress from baseline into good practices and are divided in four categories from which to assess an asset manager’s level of commitment to respecting and upholding fundamental labour rights:

(1) Stewardship framework
(2) Stewardship practices in public equities (proxy voting and shareholder engagement)
(3) Stewardship practices in private markets
(4) Policy advocacy

The framework is anchored in the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises which lay out investor responsibilities to carry out due diligence and prevent or mitigate adverse environmental and social impacts. 

"Global investors, especially pension fund investors, invest our money and we demand the same respect for basic trade union rights from these investments as we do in our own workplaces. There is no compromise on the right to organize and bargain collectively. These baseline expectation need to be taken seriously by all investors,”

says IndustriALL general secretary Atle Høie.

The baseline expectations were developed collaboratively by trade union officials and pension fund trustees affiliated to unions, including: the Australian Council of Trade Unions (Australia), AFL-CIO (USA), Comisiones Obreras (Spain), FNV (Netherlands), the International Trade Union Confederation, UNI Global Union, the International Transport Workers’ Federation and the Trade Union Advisory Committee.

Workplace safety still a major concern in Pakistani mines

Since several mines in the country are unlicensed and illegally run. few miners are covered by national laws governing the health, safety, and welfare of mining and quarrying employees. This makes it difficult for injured workers or deceased workers’ families to claim compensation in case of an accident. The inadequate compensation and the absence of government department inspection of mines act as an incentive for employers to forego investing in safety infrastructure in mines as mandated under the law.

Sultan Khan, general secretary of IndustriALL affiliate Pakistan Central Mines Labour Federation, says:

“The unregulated mining industry and the lack of implementation of existing laws kill miners every day. The government must commit to strictly enforcing the existing policies related to mining, and register all miners under social security schemes. We also demand that mine owners should maintain an attendance register of workers going underground.”

Nine coal miners, including a twelve-year-old boy, were killed on 6 July after rains inundated Pakistan's Sindh province's coal mine. The rainwater had accumulated 50 to 60 feet inside the mine when about 40 workers were engaged in mining work.

Despite heavy rainfall causing havoc throughout the country, coal mining has continued in Pakistan, worsening already bad working conditions. Surging food and fuel prices force miners to continue working in such hazardous conditions. There is also an increased pressure on miners in Pakistan to increase output as the country is facing an energy crisis due to a shortage of foreign reserves to purchase natural gas or oil from the international market to run its power plants. Instead, Pakistan has to rely on domestic coal production and coal imports.

Apoorva Kaiwar, IndustriALL South Asia regional secretary, says:

“The working conditions in mining sites in Pakistan are appalling. Employers must ensure that safety protocols are implemented in mines. IndustriALL calls upon the government of Pakistan to ratify the ILO Safety and Health in Mines Convention 176 and stop the killing of mineworkers."

Strengthening the Essilor union network in South East Asia

Twenty-one Philippine unionists from the local Essilor union and Optodev Inc union met in Laguna on 17-18 June to exchange information on company policies, practices, union initiatives and collective agreement provisions.
 
Issues like wages, contract work, closed shop provision and organizing were discussed in the meeting.
 
Occupational health and safety, in particularly chemical hazards, was identified as a main concern among lens manufacturing workers.
 
“We have identified more lens manufacturing facilities across the Philippines and both the Essilor union and the Optodev Inc union will formulate organizing plans. It is crucial to form an industry-wide union network to advance workers’ rights in the sector,” said Arvin Lambino, union president of Optodev Inc union in Laguna.

 

 
"The Essilor union wants to work with IndustriALL to reach out to Essilor unions in other South East Asia countries, like Vietnam, Indonesia, Malaysia, Thailand and Japan. Transnational workers’ solidarity is key to balance the power of multinational companies," said Manuel Mallonga of the Essilor union in Bataan.

"This company employs members of IndustriALL unions around the world. Management does not respect fundamental rights in an equal manner everywhere. The IndustriALL Philippine and South East Asia union networks strengthen our global organizing at the company. Solidarity forever!”

said Tom Grinter, IndustriALL chemicals and pharmaceuticals director.

The two unions also issued a statement in solidarity with Essilor workers in Ukraine, who have been severely affected by the Russian invasion.
 

Saint-Gobain workers in Mexico reject employer protection contract

A total of 1,539 workers at the Saint-Gobain glass factory in Cuautla, Morelos, voted in the direct, free and secret ballot on 5 and 6 July. According to the Federal Centre for Conciliation and Labour Registration, 700 workers voted in favour of the existing agreement, 814 voted against it and 25 ballots were spoiled.

Joaquín Guzmán, general secretary of the Independent Union of Free and Democratic Workers of Saint-Gobain Mexico, welcomed the outcome. He said that the union would now focus on obtaining the right to represent workers in negotiations for a new collective agreement that would protect the employees and help them to improve working conditions and wages.

"We, the workers, have voted and made history. Through our courage, bravery, drive and determination, we have demonstrated that if we are united and organized we can bring about great change. Thank you to everyone who showed solidarity and trusted in us. We are now going to seek to represent workers in the negotiations for a new collective agreement,"

said Guzmán.

For a long time, workers had been subject to an employer protection contract signed with a union that was part of the employer-friendly CTC union. This put employees in a unfair situation and created poor working conditions, as the union negotiated behind the employees’ backs and did not represent their interests.

Under Mexico’s recent labour reform, all workers have the right to elect their union leaders and choose which union will represent them in future collective bargaining processes. In addition, all existing employment agreements must be put to a ballot by 1 May 2023.

In the days leading up to the vote, workers told IndustriALL that they had been intimidated and pressured into voting for the agreement. In response, IndustriALL’s general secretary Atle Høie wrote to Régis Blugeon, director of social affairs and human resources at Saint-Gobain Group.

In the letter, he asked Blugeon to ensure that the local management team complied with Mexico’s labour reform and ILO conventions on freedom of association, showed respect for labour-related human rights and the voting process, and allowed for a free and fair ballot to take place.

After hearing the outcome of the vote, Høie said:

"Employer protection contracts are a curse in Mexico and should be abolished. 80,000 contracts are pending approval in the coming year. IndustriALL will support all efforts to ensure that fair collective agreements are negotiated, with workers represented by independent unions, as we have done with Saint- Gobain. We congratulate the workers for their victory in this first step of their struggle."