IndustriALL joins working group to develop mining standard

The Global Sustainability Standards Board (GSSB) has appointed the Mining Working Group to develop the GRI Mining Standard.
IndustriALL has a record of sustainable development engagement across the global mining industry, with a specific focus to promote and ensure workers’ rights.

“The mining sector has been under considerable scrutiny in the human rights due diligence discourse given its position in the global supply chain and its history and current negative impacts across the economic, environmental, social and governance (EESG) matrix. We welcome the appointments of IndustriALL mining director Glen Mpufane and Peter Frövén, national OHS officer at Swedish union IF Metall, to the GRI working group,”

says Kemal Özkan, IndustriALL assistant general secretary.

The GRI sustainability reporting guidelines are widely used and allow companies and organizations to report on their EESG performance. With the GRI aligned with the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Business Conduct, the voice of workers has become critical to holding companies across their supply chains accountable.

The announcement by the GRI to undertake the development of a GRI global mining standard is an important milestone that brings the force of international human due diligence to the global mining sector.

“A rigorous standard that will ensure transparency, accountability and access to remedy for workers and communities is an important consideration, as ensuring that human rights and environmental due diligence are embedded in the mining standard,”

says Glen Mpufane, IndustriALL director for mining, diamonds, gems, ornaments and jewellery production.

The Global Reporting Initiative is an independent, international organization helping businesses and other organizations to take responsibility for their impact.

ENGIE renews agreement with three global unions

The agreement was signed virtually this morning

The agreement commits the company to a just energy transition, to sustainable employment and social protection for workers.

The renewed agreement represents a decade of international social dialogue, which is embodied in several agreements and conventions, both at European and global level. It lays out the company’s commitment to social responsibility and fundamental rights, and provides a standard set of guarantees for all 170,000 ENGIE employees around the world.

Crucially, the concepts of sustainable development and Just Transition are integrated into the agreement, as is French legislation on due diligence, which the company commits to apply globally.

The company also commits to comply with fundamental international labour standards wherever it operates, including ILO Convention 190 on violence and harassment in the world of work. To facilitate equal pay analysis, there will be a transparent and gender-disaggregated remuneration system, and enhanced fiscal transparency with country-level tax reporting.

There is a commitment to sustainable employment and social protection for workers, with 14 weeks of fully paid maternity leave, and four weeks of fully paid paternity leave. There is a minimum coverage of one year of incapacity benefit, a health benefit covering hospital costs at a minimum of 75 per cent, and death coverage for all workers, which includes the payment of a minimum of 12 months of gross salary.

There is also a commitment to digital transformation and lifelong learning for employees.

The monitoring and implementation plan for the GFA includes appropriate training and is backed by a world forum, held at least once a year, and bringing together employee representatives from all regions, with the signatory unions and company management.

The forum will hear reports on benefits coverage, the gender pay gap and plans to eliminate it, global risk mapping, minimum wages and social benefits, training, and the implementation of the agreement itself.

This will be supported by social dialogue at local level, at least once per year.

IndustriALL Global Union general secretary Atle Høie said:

“At IndustriALL, we are pleased to sign the renewed global framework agreement with ENGIE. As a multinational utility company which operates in the energy sector, it is key that ENGIE commits to sustainable industrial development and a Just Transition with the global union federations that represent its workers worldwide. Likewise, the commitment to comply with French due diligence law globally is very important.

"We hope that the world forum, which will meet at least once a year, can effectively move forward to implement the points in the agreement.”

Photo: ENGIE

Increasing harassment against union leaders and members in Belarus

Nearly all SPM local chairs were fired from major companies, including Minsk Automobile Plant (MAZ), BELAZ, Minsk Tractor Works (MTW), BKM Holding, Minsk Motor Plant (MMP), Minsk Wheel Tractor Plant, and Minsk Electrotechnical Plant.

On 17 November, the local SPM chair at MAZ, Artyom Zhernak was detained by the state security committee and, his apartment was searched twice. Zhernak still remains in custody.

A search was also conducted at home of Alla Tsvirko, an SPM activist at MAZ. Under the threat of criminal prosecution, she was forced to flee Belarus, as was the SPM press secretary at MAZ, Sergey Gultsov.

Repression has intensified against SPM union members at MMP. On 21 October, Nikolai Shibeko was detained, his home searched and equipment seized. On 22 October, state security officers took SPM members Pavel Gaiduk and Daniil Vosinsky from work. They were sentenced to ten and 15 days of arrest respectively and fired from MMP after their release.

On the same day, union member Alexander Mogilevich was taken to the state security committee for interrogation. On 3 November, Viktor Verovsky, a member of SPM whose contract with MMP had been not extended during the summer, was detained and sentenced to 45 days of arrest. State security officers searched the home of Andrei Komlik-Yamatin, a former MMP worker and SPM member, and he was forced to flee the country.

The home of SPM activist at BELAZ, Alexander Smolsky, was searched three times and he had to leave Belarus under the threat of criminal prosecution. At the end of 2021, after prolonged pressure and threats, BELAZ did not extend the labour contract of Alexey Gubich, the SPM local chair. After his dismissal, four members of SPM local union were deprived of bonus payments.

On 7 December, SPM member Viktor Mikhalchik was detained in Grodno for two days and later fined with BYN800 (US$310).

The harassment of union members is also leading to discrimination with SPM union members excluded from the lists of workers entitled to various additional payments and incentives under collective agreements.

Writing to the chairman of the Investigative Committee and the Prosecutor General of the Republic of Belarus, IndustriALL general secretary Atle Høie says:

“We urge you to immediately release all union leaders and activists who are illegally detained, including Artyom Zhernak, and to stop the continuing violations of international obligations in accordance with ILO Convention 87, ratified by Belarus.”

SPECIAL REPORT: What will it take for the Hong Kong Convention to come into force?

SPECIAL REPORT

From Global Worker No. 2 November 2021

Countries: Pakistan, Bangladesh and India

Text: Petra Brännmark

The industry has a responsibility to provide, and workers have a right to expect, safe, healthy, clean and sustainable jobs. One way to achieve that is through the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. 

The Convention aims to ensure that, when being recycled, ships do not pose unnecessary risks to human health, safety and to the environment. It addresses issues like hazardous substances such as asbestos, heavy metals, hydrocarbons and ozone-depleting substances, and concerns about the working and environmental conditions at many of the world's ship recycling locations.

The Convention itself does not provide specific space for organizing, but clearly states that education and training, especially on occupational health and safety, is crucial. 

“This has to be developed not only together with the employers, but also with the workers. We want to use this and help unions to motivate workers to join; the Convention can be used to increase membership, and bring the unions opportunities to develop social dialogue with the government and employers,”

says Kan Matsuzaki, IndustriALL assistant general secretary who has worked with the shipbreaking sector since 2010. 

From a technical perspective, to come into effect the Convention needs 

not less than three per cent of gross tonnage of maximum annual ship recycling volume in the recent ten years

To date, 17 countries have ratified it: Norway, Congo, France, Belgium, Panama, Denmark, Turkey, Netherland, Serbia, Japan, Estonia, Malta, Germany, Ghana, India, Croatia, Spain

Approximately 10 per cent of the tonnage and 0.4 per cent of the recycling volumes need to be added before the Convention can enter into force.

With a large proportion of shipbreaking taking place in Bangladesh and Pakistan, ratification by these countries is important. And there is movement in the right direction; in 2018, Bangladesh that recently became the world largest shipbreaking country, set up a new ship recycling act, which mentions that the country will ratify the Convention by 2023. 

“There is progress, but we need to accelerate the process of ratification as there is a constant stream of serious accidents and the occupational health and safety situation is disastrous. There is a strong demand to make shipbreaking safer and sustainable. Shipowners and stakeholders want their ships to be recycled in safe and environmentally friendly ways. In the end, countries that haven’t ratified the Convention will lose business,”

says Kan Matsuzaki. 

“We expect the Hong Kong Convention to fulfil its requirements for effect by 2023 and it will set out a minimum and first step towards creating a level playing field for a sustainable future.” 

Successful organizing leads to safer workplaces

IndustriALL has run an organizing project among shipbreaking workers in India since 2003. Funded by Dutch FNV, the project started in the yards in Mumbai as IndustriALL affiliate SMEFI already had union membership in the neighbouring shipbuilding yard, providing easy access to the workers. From the start, the organizing drive met with strong resistance from the employer, union busting was rampant and the police refused to help when the mafia got involved. 

But the organizers refused to give up and kept informing workers of their rights, that their lives were important and that the union can help to make the work safer. With a union identity card, the workers could not only identify themselves, the card also told the blood type, crucial information in case of an accident. 

In 2006, the organizing drive was expanded to Alang, at the time the world’s biggest shipbreaking yard where working conditions were harsh. Again, the employer and local government tried to resist the union organizing.  

Before the project started, the majority of the workers in Alang were poor, undocumented, informal workers, contracted by agencies. If a worker died, his body would simply be thrown into the sea. But through the project, a union was formed, The Alang Sosiya Ship Recycling and General Workers Association (ASSRGWA). The union has contributed to improving wages, social security measures and occupational health and safety. With the union identity card, workers can now claim social insurance and open a bank account, and the union has a record on what worker works where. Occupational health and safety education and training materials developed by ASSRGWA-FNV-IndustriALL are now widely used by the yard owners and the local authority, Gujarat Maritime Board-GMB. 

India ratified the Convention in 2019. Since India started complying with the standards of the Convention, facilities have been upgraded and safety has improved. 

Bangladesh's safety crisis in shipbreaking continues

In one week alone in September, two workers were killed and three were injured due to the deplorable lack of safety in Chittagong’s shipbreaking yards. According to IndustriALL’s accident survey, at least ten shipbreaking workers have been killed and 23 have been injured in Bangladesh’s shipbreaking yards since January 2021. Most of the victims have been young, undocumented, agency workers without proper safety equipment.

There are more than 100 shipbreaking yards in Bangladesh, but only one fulfils the requirements of the Convention. There is no final recycling system; hazardous materials are either dumped somewhere or kept in the yard until proper facility is built. But the government has promised to build recycling systems right before or right after the Convention is ratified. 

Where ships go to die

In November 2016, 29 workers were killed when an oil tanker caught fire while 250 workers were dismantling it. The blast occurred due to the presence of inflammable and toxic gases inside the fuel tank of the ship. Workers were forced to start the dismantling process before the fuel tank could be cleaned of leftover fuel. 

Sometimes labelled worst of the worst, IndustriALL affiliate NTUF is organizing workers and try to increase conditions and social benefits through social dialogue, with the employer recognizing the union as a negotiation partner. 

FACT BOX

The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships was adopted at a diplomatic conference in 2009.

Regulations in the new Convention cover: the design, construction, operation and preparation of ships so as to facilitate safe and environmentally sound recycling without compromising the safety and operational efficiency of ships; the operation of ship recycling facilities in a safe and environmentally sound manner; and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements.

Ship recycling yards will be required to provide a "Ship Recycling Plan", specifying the manner in which each ship will be recycled, depending on its particulars and its inventory. Parties will be required to take effective measures to ensure that ship recycling facilities under their jurisdiction comply with the Convention.

 

GM workers in India win interim relief in retrenchment case

In July last year, GM illegally laid off 1,086 workers at its Talegaon plant near Pune, after workers refused to accept a voluntary separation scheme and meagre compensation as a final settlement, unilaterally decided by management.

The union, General Motors Employees Union, affiliated to IndustriALL affiliate Shramik Ekta Mahasangh (SEM), filed a complaint with the Industrial Court for unlawful retrenchment and challenged that the scheme was forced upon the workers.

On 5 January, the court ruled in favour of the union and directed GM to pay 50 per cent of the wages to all 1,086 workers unlawfully retrenched, effective from 1 April and until the complaint is resolved.

Dilip Pawar, president of Shramik Ekta Mahasangh union, said:

“The battle is not yet over and we will continue this fight on the ground and in court. It has become a trend with multinational companies to tread over workers’ rights in India. This victory shows that workers will put up a fight, and in unity we will emerge victorious.”

GM management has been looking for buyers for the 300 acre land where the factory operated, as well as the machinery. General Motors Employees Union had requested a stay on the sale of assets, as it would lead to difficulties in obtaining workers’ dues. However, the Industrial Court declined to intervene in the matter as a related case is pending before the High Court.

“IndustriALL welcomes this court order. We will continue to stand with the workers struggling against the violation of their rights,”

says Apoorva Kaiwar, IndustriALL regional secretary.

Canada Goose workers vote to join a union

According to reports, there had been issues with terminations and discipline, and some workers felt the piece-rate system was unfair. The union win on 1 December last year will result in 1,200 garment workers at Canada Goose’s two factories having representation and a voice in their workplace. 

"This is a wonderful moment for our workers. We work so hard to make this company a success. Now we feel we have a real voice in the company to share in that success,"

said Alelie Sanvictores, a sewer who has worked for the company for five years and is a leader of the union effort.

The organizing campaign was led by a diverse and large committee of Canada Goose workers who spent hours after work talking to their co-workers about forming their own local union. Students, community leaders, and immigrant rights group also joined the campaign to urge Canada Goose to respect workers’ right to organize.

"I want to congratulate the workers of Canada Goose for this amazing victory. I also want to salute the company. No employer wants a union but Canada Goose management stayed neutral and allowed the workers the right to exercise their democratic vote,"

said Richard Minter, international organizing director for Workers United. 

Atle Høie, IndustriALL general secretary, says

“Organizing in the garment supply chain is a priority for IndustriALL and this great union win is a testament to our affiliates’ continuous efforts to fight for workers’ rights.”

Workers United, an SEIU affiliate, represents 10,000 workers across Canada. In the United States and Canada, Workers United represents more than 86,000 workers in the apparel, laundry, food service, hospitality, non-profits, warehouse distribution and manufacturing industries. 

Edgar Romney, secretary treasurer of Workers United said,

"I want to congratulate the workers of Canada Goose for this amazing victory.  It shows that when workers stand together to fight, we win!”

Photo: Canda Goose 2021

Turkish metalworkers win after united fight

After demonstrating their resolve and unity through a series of united actions, the three unions received an invitation from MESS to talks on the evening of 11 January 2022. A long session of negotiations ended on a positive note in the early hours of 12 January with the signing of a two-year agreement. 

Before the final round of negotiations, MESS withdrew its demands for concessions. According to a joint press statement from the three unions, workers have won an average 65,67 per cent increase in the companies covered by MESS. 

This translated to a 27,44 per cent increase for the first six months of the agreement and 30 per cent for the second half. If inflation rises during the second six-month period, the gap will be covered by the employers so that union members receive a real increase. In the third and fourth six-month periods, wages will be adjusted to reflect the inflation rate.

From right to left (Presidents): Adnan Serdaroğlu (Birleşik Metal-İş), Burak Akkol (MESS), Pevrul Kavlak (Türk Metal), Yunus Değirmenci (Özçelik-İş)

Workers will also get a 35 per cent increase in social benefits for the first year of the agreement, while for the second year the increase will be based on the inflation rate. 

Turkey is currently experiencing an economic crisis, with runaway inflation and fall in the value of the currency, meaning that inflation-linked increases are essential to maintaining workers’ spending power.

“We congratulate our three affiliates for their determination in reaching this important result,”

said Kemal Özkan, IndustriALL assistant general secretary.

“Under the current economic circumstances in Turkey, metalworkers have shown a great example on how workers can and should stand for their rights. Bravo!

“The struggle continues!”

Related Article

Unions in Sri Lanka sign landmark agreement in global apparel supply chain

The MoU, signed on 23 December last year, details the establishment of a bipartite dispute resolution mechanism by the unions and JAAF. Any grievance raised by the unions will be forwarded to JAAF’s executive committee and the trade union collective for review. JAAF and the respective union will then collaborate to resolve the issue within a month, or mutually extend the timeline and seek an independent external investigation to help reach a resolution.

The agreement also contains provisions for bipartite health committees with equal representation from workers and employers in every garment/apparel factory to improve health and safety, mitigate risks posed by Covid-19 and ensure adherence to guidelines issued by the Ministry of Health at the workplace.

“This agreement with JAAF is a recognition that trade unions are an integral part of the garment industry. We will work together to ensure that the agreement is implemented and that workers benefit from it,”

says Palitha Atukorale, NUMMS general secretary.

The unions and JAAF have signed a second agreement ensuring that workers will receive 50 per cent of their monthly wage or Rs.14,500 (US$71), whichever is higher, if having to take time off for Covid-19.

“We welcome this landmark agreement promoting workers’ right to freedom of association and ensuring health and safety in the global apparel supply chain. The agreement paves the way for unions and employers working together to mitigate the effects of Covid-19 on workers, and for permanent health and safety committees in Sri Lankan companies,”

says Atle Høie, IndustriALL general secretary.

Photo: ©ILO/M.Crozet

Kazakhstan must respect democracy and fundamental rights

Kazakhstan is known for a systematic violation of core human and workers’ rights, as well as general lack of democracy in the country. Social dialogue is virtually non-existent, and instead of developing laws on conflict resolution, including collective labour disputes, authorities adopted a regressive law on trade unions in 2014.

The law effectively eliminates free and independent unions. In June 2021, for the fourth time, union rights violations in Kazakhstan were in focus at the ILO Committee on the Application of Standards during the International Labour Conference.

The Kazakh law on strikes prevents workers from resolving issues quickly and efficiently at the workplace. Authorities have dissolved independent trade unions and as a result, most workers’ protests have become spontaneous.

Three trade union officials from the Fuel and Energy Trade Union of Kazakhstan; Kuspan Kosshygulov, Takhir Erdanov and Amin Eleusinov, went missing after participating in protests in Aktau on 6 January. Following the urgent intervention by IndustriALL and the ITUC, they were later released.

To achieve respect for human and workers’ rights, social dialogue and democracy, IndustriALL Global Union once again calls on Kazakhstan to:

There is a lesson to be learned from the mass protests. It is policies, and not external forces, that have provoked the social and labour conflicts, strongly suppressed by the police and the security forces. The main lesson is that dialogue with relevant parties, a commitment to openness and democratic values, social dialogue with workers represented by trade unions, are needed to build a sustainable society in Kazakhstan.

New work roster a big win for Mongolian miners

“We welcome the labour code revision which guarantees 14/14 roster work for miners. I urge mine companies to comply with the new labour code and not to decrease their salaries. The government must ensure compliance by carrying out regular inspections,”

says Khuyag Buyanjargal, MEGM president and general secretary of Confederation of Mongolian Trade Unions (CMTU).

The government had initially proposed 20 working days and 10 days off for miners working on shifts at remote mine sites.

But with mine accidents increasing in 2018 and 2019, the MEGM submitted a petition, signed by 3,400 miners, calling on the government to change the roster work to 14/14. The union argued that longer working days would deprive the miners of rest time and compromise safety at mines.

The MEGM also cautioned the government about social issues arising from the longer work shifts, like increasing divorce and suicide rates.

In addition to the work roster, a new provision giving the workers the right to refuse unsafe work has been inserted. Workers do not need to return to work until the employers have eliminated the dangerous elements.

“This is an important victory for protecting miners’ safety and health and shows the important role of unions in shaping sustainable industrial policy and decent employment,”

says IndustriALL mining director Glen Mpufane.

A company with 20 or more workers needs to set up a labour dispute resolution commission, composed of employer and trade union representatives.

If a commission is not established, workers can refer the dispute to a local tripartite labour rights dispute settlement committee. If consensus is not reached, a complaint can be filed at the civil court.