Malaysian union files ILO complaint against HICOM

In February 2016, HICOM dismissed 32 NUTEAIW members for attending a union briefing after working hours, outside of company premises. The briefing was about a deadlock in the collective bargaining, and the company accused the workers of “tarnishing the image” of the company and “drawing unwanted public attention”.

After mediation meetings at the industrial relations department, 27 union members were reinstated. However, the company refused to reinstate the remaining five local union leaders. NUTEAIW has exhausted all domestic legal avenues, all courts have failed to uphold the unionists’ right to participate in legitimate union activities.

“HICOM has no right to regulate workers’ personal activities after working hours. The Malaysian government and courts are failing to protect our members’ freedom of expression and assembly enshrined in the Constitution,”

says NUTEAIW general secretary N. Gopal Kishnam.

"The government has violated article 1(2)(b) of ILO Convention 98, stating that workers shall enjoy adequate protection against dismissal because of participating in union activities outside working hours.”

HICOM has a notorious record of union busting in Malaysia. In 2013, HICOM and its sister company Isuzu HICOM dismissed 18 NUTEAIW members for exercising their political rights.

The unionists were punished by the company for submitting – after working hours with their company uniform – a memorandum on workers’ rights to an opposition candidate during the general election. The workers won termination compensation in court, but failed to gain reinstatement.

Annie Adviento, IndustriALL South East Asia regional secretary, says:

“We stand in solidarity with NUTEAIW by taking up the case to ILO’s Committee on Freedom of Association. IndustriALL calls on Volkswagen, Mercedes-Benz and Mitsubishi to convene dialogue with HICOM to facilitate reinstatement of the 5 local union leaders.”

Bangladesh garment workers suffer as factories reopen during Covid-19 lockdown

With a lack of transportation, workers returning to work after Eid holidays faced immense hardships and Covid infection risk.

Workers were forced to hurry back to work using whatever transport they could find

On Friday 30 July, government officials issued a notice allowing garment export factories to resume operations on 1 August, following constant pressure from garment manufacturers and exporters to allow factories to function. The sudden announcement created panic among workers as the majority had left Dhaka and returned to their villages and small towns for Eid holidays and subsequent lockdown.

Workers were forced to hurry back to work using whatever transport they could find

The government announced resumption of transport services only on the evening on 31 July.  By this time, garment workers had already embarked upon a difficult return journey to report to work, fearing job loss and the non-payment of wages. Ferries, trucks and goods transporters which were only operating for emergency services transported thousands of garment workers in overcrowded and dangerous travel conditions. News outlets reported that around 90 percent of garment workers reported to work. However, garment workers continue to suffer with lack of access to transport services and are paying more than the normal price for their commute to work.

On 2 August, 15,989 new Covid cases were reported in a country with 150,407 active cases. The pandemic situation continues to be a cause for  concern in Bangladesh, and the country’s directorate general of health services recommended the extension of the lockdown across the country. Strict movement restrictions are still in place across the country.

Salauddin Shapon, senior vice president of the IndustriALL Bangladesh Council said,

“We are disappointed that hundreds and thousands of workers were forced to return to work in unsafe travel conditions. The government and employers should ensure strict safety measures and health guidelines are adopted the workplaces to safeguard from the infections.

"In the current circumstances, no worker should be laid off for not reporting to work. All workers should be paid their wages for the lockdown period. We will continue to raise our demand for Covid risk allowances for garment workers.”

Apoorva Kaiwar, IndustriALL South Asia regional secretary said,

“It is not acceptable that garment workers are forced to take such risks in order to meet business targets. Opening factories during the lockdown and asking workers to report for work when all transport was suspended is inhumane.

"The government of Bangladesh and employers should ensure that workers don’t face wage losses if they haven’t been able to report for work in the middle of the pandemic. Factories should continue to follow all preventive and protective measures. Global brands should ensure that their suppliers do not undermine workers right to occupational health and safety and workers should not be forced to work in unsafe working conditions.”

Albanian cement workers celebrate signing a collective agreement in Elbasan

The agreement considerably improves the working conditions and pay of all 560 cement workers at the factory in Elbasan district of Albania. The agreement is valid for two years.

The SPMSH president Gezim Kalaja who together with the shop steward Skender Ndregjoni signed the agreement from the union side, said:

“This victory is the result of the power of collective bargaining and the power of our trade union in Albania. By signing this collective bargaining agreement SPMSH tackles the financial crisis caused by the COVID-19 pandemic.”

Gezim Kalaja emphasized some key elements of the collective agreement, including:

Elbasan Cement Factory’s major shareholder is the Lebanese transnational cement trading company Seament Holding via its Albanian subsidiary.

Tanzanian union addresses gender-based violence in textile and garment factories

During the visit, the union learnt from workers that supervisors were targeting young women workers for sexual harassment leading to stressful conditions that affected performance. To bring this to an end, TUICO organized a five-day conference, 22-26 July, at Sunflag in Arusha to sensitize workers on how to stop GBHV at the factories.

The conference was attended by 101 participants, of whom 53 were women. The training programme emphasized that workers’ rights were protected by national labour laws, and international labour standards. These included the rights to maternity protection which were the most violated as workers were denied maternity leave.

Discussions emphasized the importance of the International Labour Organization Convention 190 on eliminating violence and harassment in the world of work, as one of the tools to fight GBVH. The workshop discussions and group work defined forms of harassment that included inappropriate language, gender discrimination, threats, and inappropriate jokes. Further, C190 and Recommendation 206 broadened the world of work to include hotels where meetings took place, changing areas at workplaces, training venues, marketplaces and during travelling to work.

TUICO is campaigning for the ratification of C190 by Tanzania. In Sub Saharan Africa the convention has been ratified by Namibia, Mauritius, and Somalia.

TUICO says it has set up mechanisms for reporting GBVH which includes encouraging affected workers to inform their colleagues, report at the union branch office at the workplace, investigations by the gender desk, reporting to the police, and taking the matter to courts or for mediation.

“It is powerful to talk to workers about sexual harassment and gender-based violence. We are expecting big changes to be made at this factory so that the grievances by workers are addressed. The union targeted this factory after receiving reports of abuses. We met with workers, forepersons, supervisors, heads of units and departments of Sunflag,”

said Maria Bange, TUICO’s head of women, the disabled, occupational health and safety and the environment.

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

“Sensitizing workers to demand their rights and demand workplaces free of GBVH is important especially in the garment factories where sexual harassment is common. IndustriALL will support TUICO to extend the training and awareness campaigns to other manufacturing sectors.”

The conference was held with support from the IndustriALL regional office for Sub Saharan Africa and the NITO project. NITO is a Norwegian trade union organization for engineers and technicians and supports IndustriALL Tanzanian affiliates through an organizing project that addresses gender, youth and union building efforts.

General Motors India illegally retrench 1,086 workers

General Motors India workers refused to accept the VSS offer it was forced upon them by the company. The workers are represented by the General Motors India Employees Union, which is a constituent of IndustriALL Global Union affiliate Shramik Ekta Mahasangh (SEM). 

Earlier, the company set a 4 July deadline for accepting the VSS and about 30 percent of the total workforce accepted this plan. Union members reported that for the most part, workers who transferred after the closure of GM’s Halol plant in Gujarat in 2017 and relocated to the Pune plant accepted the VSS offer. On July 12, the company retrenched 1,086 workers who had not accepted the VSS, unliterally paying meagre compensation directly into their bank accounts and calling it a full and final settlement. No prior permission of the State Government, as mandated by Indian law, was taken prior to the action, making it illegal.

The union has challenged the company’s decision at the Maharashtra Industrial Court on July 15 and called on the court to issue a stay order for retrenchment and the sale of the factory. On the next day, the court held an urgent hearing and the management committed not to proceed with the sales process until 3 August, by which time it will file a formal reply. GM management has stopped production at the Pune plant since December 2020.

Dilip Pawar, president of SEM said,

“The GM workers in India are facing very difficult situation due to the illegal retrenchment done with the intention to force workers to accept lower compensation. We have been demanding the General Motors management to provide appropriate separation compensation or continue employment with the prospective buyer of this plant. These workers spent most part of their working life to this company, and they are demanding a dignified resolution. The GM India workers will pursue all legal means to get justice”.

Apoorva Kaiwar, IndustriALL South Asia regional secretary said that,

“The ongoing industrial dispute at the General Motors Talegaon plant is very worrisome. The issues should have been discussed with the union before any such action was taken. Such unilateral decisions go against established principles of industrial relations  and the management should find mutually acceptable solution in consultation with the trade unions.”

Indian auto workers face growing precarity and industrial relations crisis

The meeting assessed technological transformation in the automobile industry and the impact of the Covid-19 pandemic on workers’ rights. The Indian automobile industry faced a double blow as poor economic growth was already affecting industry sales before the sharp increase in Covid-19 cases when the second wave hit India in April and May 2021. While the general lockdown was observed by provincial governments, many manufacturers were allowed to operate, and tier one suppliers operated their factories.

Continuing to work regularly at automobile plants risked workers’ lives and many workers suffered infections. In many auto plants, workers launched protests to call for shutdowns and improved Covid-19 safety measures on the shop floor. Many companies used the pandemic to deny wage increases agreed in the collective bargaining agreement. Some companies reduced workers’ wages, claiming that the company is facing losses.

A large number of contract workers, apprentices and trainees were relieved from work and not paid their wages for the days when companies were closed due to the pandemic. Many lost their jobs and returned to their home towns. When companies resumed work after lockdown, they retrenched contract workers who had worked in the company for a long time and hired new, young contract workers on low wages. The National Employability Enhancement Mission (NEEM) is used as a pretext to use students for cheap labour in the auto industries. Auto companies across the country have almost stopped recruiting regular employees. 

Georg Leutert, IndustriALL automotive director, said:

“The technological transformation towards building emission-free battery run, autonomous and connected vehicles in the automobile industry across the world is happening rapidly. The trends suggest that auto workers will face imminent threats of job losses in the near future. The pandemic seem to have accelerated this process with implications for workers’ rights. It is important that unions prepare for this transition, build international solidarity and strengthen union power to defend workers’ rights.”

Apoorva Kaiwar, IndustriALL South Asia regional secretary, said:

“During the pandemic health and safety has become a key area of concern for auto unions in India. Covid-appropriate standard operating procedures should be followed to safeguard workers. The economic slowdown has already affected industry deeply. The government and employers should ensure that the negative impacts of the economy and the pandemic are not used as excuse to trampling upon workers’ rights. Trade unions need to work together and evolve collective strategies.”

The meeting saw participation from IndustriALL affiliate union representatives of Bosch, TATA motors, Ashok Leyland, Tenneco, SEG and other automotive first tier suppliers. 

Picture: Tata Nano factory. CC El Auto Perfecto

Striking Myanmar miners hurt military revenue

The miners’ strike has taken a toll on Myanmar’s copper exports. In February, copper exports to China fell 55 percent on a year-on-year basis. While the copper exports to China increased to 37.6 percent in March, markets believe that the Chinese-owned multinational mining company Wanbao Mining Copper was selling its inventory.

The striking miners are affiliated to IndustriALL Global Union through the Mining Workers’ Federation of Myanmar (MWFM). They work at Wanbao Mining Copper, Myanmar Yang Tse Copper, Sinohydro Power China and Pay Pauk Aukshin.

Both Wanbao Mining Copper and Myanmar Yang Tse have a revenue-sharing agreement with the military-owned Myanmar Economic Holdings Limited (MEHL). The US state department has recently included the two companies in its sanctions list.

The two companies are part of the huge conglomerate network of China’s North Industries Group Corporation (NORINCO), a state-owned manufacturer of military equipment for the People’s Liberation Army.

Maung Maung, the president of the Confederation of Trade Unions in Myanmar (CTUM) says:

“The miners’ strike has effectively cut off part of the military regime’s revenue. I urge the international community to support the struggle of the 4,800 brave miners. Their resistance is very much dependent on undivided international solidarity.”

Valter Sanches, the general secretary of IndustriALL, says :

“This long-lasting strike is a clear demonstration that the mineworkers represented by MWFM won’t allow the illegitimate military government to use the revenues from exports of minerals to crack down on the Burmese people carrying out the civil disobedience movement. We commend the bravery of the sisters and brothers from MWFM and will continue to mobilize international solidarity until the Burmese people restore democracy in the country.”

Myanmar military general Min Aung Hlaing staged a coup on 1 February, which sparked a strong wave of civil disobedience in the South East Asian country. The military ruthlessly repressed the movement, killing 931 people, including  MWFM member Chan Myae Kyaw.

IndustriALL has called on multinational companies and brands to ensure respect for human and labour rights in their supply chains in Myanmar, mobilizing IndustriALL members to contribute to a global strike fund and working with other global unions to challenge the legitimacy of the military regime at the International Labour Organization.

The labour movement of Myanmar is calling for comprehensive economic sanctions and a boycott of the country to starve the regime of resources.

Myanmar trade unions call for comprehensive economic sanctions

Interview with Khaing Zar

“There are no trade union rights without political freedom”, explained union leader Khaing Zar, president of IndustriALL Global Union affiliate the Industrial Workers Federation of Myanmar (IWFM), and an executive committee member of the CTUM.

“Our unions cannot operate. Many of our leaders have been arrested or are in hiding after arrest warrants were issued. Collective bargaining agreements have been cancelled, and employers are passing the names, pictures and personal information of trade union members to the military. Employers use the situation to get rid of permanent workers and employ casual workers at less than the minimum wage, in unsafe factories with no Covid protections.

“Global brands investing in Myanmar have not acted enough to protect workers. Workers’ lives will not improve until we remove this regime. To do this, we need to cut off all their access to resources. If they have no money, they cannot buy arms to shoot people, and they will lose control.”

The CTUM initially issued the boycott call in a May Day message to the international trade union movement, calling for support to “starve and drive out the regime”.

Global unions challenged the legitimacy of the military regime at the International Labour Conference, and in June the ILO adopted a resolution calling for a return to democracy. IndustriALL affiliates participated in a number of solidarity actions and the executive committee adopted a solidarity resolution in April.

Myanmar adopted a new constitution in 2009 and had a civilian government from 2012 until the military coup on 1 February 2021. Under civilian rule, despite serious challenges, unions made significant progress. The CTUM negotiated through tripartite social dialogue structures, and won significant improvements in the minimum wage and working hours.

In November 2019, the IWFM and IndustriALL negotiated freedom of association guidelines that were endorsed by ACT member brands, covering 200 factories and 130,000 workers. This provision has been extremely useful for the IWFM’s organizing and making employers respect the right to peacefully demonstrate.

The military staged a coup on 1 February, claiming electoral fraud and arresting the president, party officials and other public figures. This provoked massive resistance, with a civil disobedience movement effectively shutting the country down. The military responded with brutal oppression. More than 900 people have been killed, over 10,000 have been arrested, and many more are in hiding. About 250,000 people have been internally displaced. As the pandemic has spread, the military has monopolized oxygen supplies, creating a health crisis.

The trade union movement in Myanmar believes that a combination of internal resistance and external solidarity and pressure is necessary to remove the regime. The international community must isolate the regime, end diplomatic and business relationships, and recognize the National Unity Government as the legitimate representative of the people of Myanmar.

IndustriALL general secretary Valter Sanches said:

“The spirit and actions of the people of Myanmar, who are risking their lives daily to overthrow the military dictatorship, are inspiring. To win this fight, the demands of the Myanmar trade unions need to be taken seriously and implemented internationally.

“The military dictatorship must be removed from UN bodies and the international community, as it was at the latest ILC, and the National Unity Government must be recognized. This must be implemented immediately, at the upcoming UN General Assembly, by all international governments that respect democracy and basic human and trade union rights.

“It is also crucial to cut off the dictatorship’s revenue stream to through comprehensive sanctions.

“We will continue to promote solidarity action, along with our affiliates and the global unions, until the people of Myanmar restore democracy and respect for human rights in the country.”

IndustriALL holds successful test event for online Congress

Congress was initially scheduled to be held in Cape Town, South Africa, in 2020, but was postponed due to the Covid-19 pandemic. The test event was held in a studio at Palexpo, at Geneva airport, whith remote participation.

IndustriALL general secretary Valter Sanches said:

“The pandemic has propelled trade unions into the future, forcing them to adopt online systems for holding meetings and conducting business. This has been a huge culture shift for our movement. It has been difficult, but one positive aspect is that we have greatly increased participation. Our meetings are more transparent, more accessible and more representative.

“We have helped our affiliates expand their digital capacity, and we’ve been working to develop a number of innovative systems to ensure that participants in our Congress have the best possible experience. We’re using technology that will allow union delegates to vote in our decision-making processes, and feel part of our great movement from wherever they are in the world.

“This is going to be a dynamic Congress that will shape the future of this powerful organization at a time when the union voice is needed more than ever. We look forward to welcoming you.”

Here are some social media posts that provide a teaser:

Kenya unions support proposals for unemployment insurance fund

The proposed fund, which will become operational in 2022, will also benefit workers who have lost their jobs because of the Covid-19 pandemic. According to the Kenya Bureau of Statistics over 1.7 million jobs were lost at the beginning of the pandemic last year.

The fund, which will be under the department of social protection of the Ministry of Labour and Social Protection, will pay workers part of their wages for up to six months in the event of retrenchment. Kenya is also implementing cash transfer schemes for poverty alleviation.

According to reports, the fund will be like South Africa’s Covid-19 Temporary Employer/Employee Relief Scheme (TERS) which has so far paid over $4 billion to workers whose jobs were affected by the Covid-19 pandemic. TERS is part of the Unemployment Insurance Fund in which workers and employers contribute. Workers can claim benefits from the fund when they lose jobs. In addition to UIF, South Africa provides universal old age and disability pensions, and child grants.

Social protection policies benefit workers who in most cases provide not only for their own families but for relatives as well. Social protection, which includes income security, has been identified as one of the strategies to attain the United Nations Sustainable Development Goals.

Rose Omamo, Amalgamated Union of Kenya Metalworkers general secretary says:

“Unions have long fought for income security and unemployment benefits for retrenched workers. We support the setting up of the unemployment insurance fund and will continue to engage the government in the negotiations towards the launch of the fund. We have made demands for such schemes through collective bargaining and in social dialogues platforms that we are involved in as labour.”

 “Income security is important in the context of the Covid-19 pandemic that has caused massive job losses. Millions of workers have lost jobs in Kenya and other African countries. With limited income security because of low wages and inadequate basic healthcare, most of the workers are forced into poverty as they fail to provide for their livelihoods. In this respect, the proposals to introduce an unemployment fund will provide some much-needed income security to the retrenched workers,” says Paule France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa.

IndustriALL affiliates in Kenya are the Amalgamated Union of Kenya Metalworkers, Kenya Engineering Workers Union, Kenya Glass Workers Union, Kenya Petroleum Oil Workers Union, Kenya Shoe and Leather Workers Union, Kenya Union of Hair and Beauty Workers, Tailors and Textile Workers Union.