Kenyan unions campaign against workers’ rights violations at Style Industries

KUHABWO has recruited 3,811 workers out of a workforce of 6,000 of whom 85 per cent are women, but the company only remits union dues for 70 workers. According to the union, to discourage workers from joining the union, 150 workers were dismissed last month. Those who have remained union members have been threatened with dismissals.

Since 2015, Style Industries, a manufacturer of synthetic hair made of fine plastic fibres that look like human hair, has refused to recognize the union. The dispute was deadlocked at conciliation, and the case went to the Employment and Labour Relations Court which issued a restraining order against the company in 2017. The order instructed Style Industries to stop “victimizing, intimidating, coercing, harassing, and indulging in unfair labour practices” and allow for the case to be finalized in court. 

Further, the court said the company must stop terminating contracts and dismissing union members because of their union membership. The court further stated that the company’s actions are meant to “disorganize the union.” However, despite the firm approach by the courts, the company’s union busting tactics have continued ,resulting in the unions launching the campaign.

Margaret Ndiritu, KUHABWO deputy general secretary, says:

“The management of Styles Industries is anti-union and workers are being dismissed without fair hearings because they are union members.”

Speaking at a press conference after a campaign meeting of the affiliates on 7 June, Julius Maina, chairperson of the IndustriALL Council of Kenya said:

“Style Industries management threaten workers with victimization if they join the union. When they join the union, they are sacked. When union officials come to recruit workers during breaks or lunch time, the employer uses the police to harass and arrest the workers to stop them from exercising their rights at the workplace.

“The management must respect workers’ rights to freedom of association to join, form and participate in union programmes as outlined in the Kenyan Constitution, the Labour Relations Act, and International Labour Organization Conventions 87 (Freedom of Association and Protection of the Right to Organize) and 98 (Right to Organize and Collective Bargaining).”

“We support KUHABWO in its long fight for a recognition agreement and collective bargaining rights at Style Industries, and we applaud the Kenyan affiliates for the unity and solidarity that they are giving to the union,” says Paule France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa.

IndustriALL affiliates in Kenya are the Amalgamated Union of Kenya Metal Workers (AUKMW), Kenya Engineering Workers Union (KEWU), Kenya Glass Workers Union (KGWU), Kenya Petroleum Oil Workers Union (KPOWU), Kenya Shoe and Leather Workers Union (KSLWU), Tailors and Textile Workers Union (TTWU) and Kenyan Union of Hair and Beauty Workers (KUHABWO).

Albanian hydroelectric workers protest unfair dismissals

The hydroelectric plants are among four acquired by Turkish-based Kürüm Holdings from the Albanian government in a privatization deal in 2013. Since buying the power plants for €110 million, Kürüm has reduced the workforce by 120, leaving only 43 workers. The power plants are the only major source of employment in the region, a scenic area with national parks and lakes.

The company promised that there would be no more dismissals and further staff reduction would be through attrition, not replacing those who retire. Most of the workers at the power plants have 30 years of service, and many are close to retirement.

However, on 22 May 2021, the dismissal of 20 mechanics and electricians was finalized, in violation of their collective agreement.

Union members block the access road to the plant

The workers have staged daily protests, picketing the plants and sometimes blocking roads. The say that because the restructuring “leaves them without bread”, they will escalate the protest to a hunger strike if necessary. The company responded by persecuting the union committee and suspending those who took part in strike action.

The workers are represented by IndustriALL Global Union affiliate, the Trade Union Federation of Industrial Workers of Albania (FSPISH). Trade union activists have travelled from across Albania to join the pickets. The general secretary of the FSPISH, Taf Koleci, said:

“We call on the owner to come and sit down with the union and agree to immediately cancel the workers' dismissal.”

The general secretaries of IndustriALL Global Union and industriAll European Trade Union, Valter Sanches and Luc Triangle, wrote to the Albanian Prime Minister Edi Rama, saying:

“We call on the Government of Albania to intervene immediately at Kürüm International to guarantee the implementation and full respect of the collective agreement signed in 2019 by our affiliate, the Trade Union Federation of Industrial Workers of Albania, and the company, and achieve the reinstatement of all the workers, who have been unfairly dismissed.”

Kürüm is primarily and iron and steel producer, with extensive operations in the Balkans and southern Europe. The hydroelectric plants, which date from the 1950s and operate profitably

Indonesian women workers convince government to set up women’s protection houses at workplaces

At the protection houses, which are established on company premises or in industrial zones, women workers can report gender-based violence, discrimination and non-compliance with maternity protection. Government agencies provide physical, mental and rehabilitation support.

Since the Indonesian Ministry of Women’s Empowerment and Child Protection enacted regulation No. 1 Year 2020 concerning preparation of protection houses for women workers at workplaces, the women’s committee of IndustriALL Global Union’s Indonesia Council have actively engaged the ministry to set up more protection houses for manufacturing workers.

 

In a meeting with the deputy assistant of the Women Workers’ Protection Department, Rafail Walangitan, in Jakarta on 27 May 2021, the government official welcomed the proposal of the women’s committee and expressed willingness to coordinate the setting up of the protection houses in industrial zones identified by the women’s committee.

The ministry committed to invite employers and local government officials to a dialogue to start the process. Currently, the ministry has established six protection houses in the Cilegon, Karawang, Pasuruan, Bintan, and Cakung industrial zones.

The women’s committee chairperson Suzana Purba says:

“The women's committee is spearheading the establishment of women workers’ protection houses. We hope all parties, be it the government, employers and trade unions, to work hand in hand to end violence and harassment in the world of work and realize maternity protection.”

IndustriALL regional secretary for South East Asia Annie Adviento says:

“I commend the great effort of the women’s committee for initiating the process of setting up of the women workers’ protection houses in their workplaces. IndustriALL will provide support to eliminate violence and harassment at work and campaign for ratification of ILO Convention 190.”

Reinstate 37 Thai unionists at Yachiyoda Alloy now!

The company suspended operations on 16-31 May 2020 due to the pandemic, forcing workers to apply for a remedy fund granting 62 per cent of the wages. Most workers reluctantly accepted and were forced to get loans from the company when the social security office failed to pay on time.

The company requested that workers to apply for the remedy fund again for 15-30 June 2020. The Yachiyoda Thailand Labour Union advised all workers to follow the instruction.

On 25 June last year, the company dismissed 32 union members who had refused to apply for the remedy fund. On 7 September, the company dismissed the leaders of Yachiyoda Thailand Workers’ Union, Pichetsak Kansorn and Sakchai Sritanai, accusing the union for instructing members to contaminate the products and blatantly told them that the owner did not want a union.

The union busting continued until January 2021. In total, 37 union members including five leaders have been dismissed and locked out. The Yachiyoda union members dismissed by the company are affiliated to IndustriALL through the Confederation of Industrial Labour of Thailand (CILT).

IndustriALL has sent letters to the company, demanding that all 37 unionists are reinstated with back pay and benefits, but the letters fell on deaf ears.

Prasit Prasopsuk, CILT president, says:

“We are outraged by the anti-union discrimination at Yachiyoda Alloy. The workers’ union has been very cooperative and advised members to apply for remedy funds during the suspension. Yet the company used the excuse of product contamination to destroy our local union.”

Valter Sanches, IndustriALL general secretary, says:

“The unfair dismissals have violated Thai labour law prohibiting the termination of employment of a worker because of his or her union membership. Yachiyoda’s behaviour is in blatant violation of international core labour standards.”

Ansell, IndustriALL and FTZGSEU settle Sri Lanka labour issues

Joint statement:

ANSELL, INDUSTRIALL AND FREE TRADE ZONES AND GENERAL SERVICES EMPLOYEES UNION SRI LANKAN LABOR ISSUES FULLY SETTLED

Ansell Limited (Ansell), IndustriALL Global Union (IndustriALL) and local Sri Lanka union Free Trade Zones and General Services Employees Union (FTZU) jointly confirm that employee claims arising from a strike in 2013 at the Ansell Lanka plant and subsequent termination of workers have been fully settled.

The settlement follows the parties entering into an MOU in August 2016 to settle outstanding claims involving 283 former or subsequently re-employed workers (Former Workers).  Since entering into the MOU, the parties held numerous discussions as to the implementation and interpretation of some provisions of the MOU.

IndustriALL and FTZU explicitly pledged that the settlement resolves all disputes in respect to the MOU and the Former Workers and that the Former Workers’ claims against Ansell have been completely satisfied.

Under the terms of the settlement, IndustriALL and FTZU acknowledged and agreed that:

IndustriALL and FTZU acknowledge that Ansell has engaged with the workers and the unions involved in this matter in good faith and treated the organisations and people involved with respect.

Ansell confirms it is committed to and abides by its Global Code of Conduct, Human Rights Statement, Labour Standards Policy and world class safety protocols.  Throughout its 125-year history, Ansell has always adopted an open attitude towards trade unions. Ansell recommits to respect the right to freedom of association and collective bargaining in all our businesses across the world.  95% of Ansell’s total production worker population is represented by a union or independent workers’ committee. 55% of Ansell’s workforce is covered by a collective bargaining agreement. Ansell is proud of its track record of maintaining healthy industrial relations and a meaningful social dialogue across all our manufacturing plants, where workers’ representatives are not discriminated against an no forms of intimidation, violence or retaliation are tolerated.

IndustriALL and FTZU confirm that neither union is involved with and/or endorses any action in respect to the termination of 11 other workers associated with the 2013 strike and that this matter will be determined in due course by the court.

Signed by Ansell Limited, IndustriALL Global Union, Free Trade Zones and General Services Employees Union

South East Asia cement workers prioritize organizing

Although the impact of pandemic on employment has not been so severe  in the industry across the sub-region, cement sector unions continue to  fight for better working conditions, with a particular on health and safety through healthcare protocols to protect workers’ lives.

In the Philippines during the first few months of pandemic, workers faced with a decline in working hours. The fact that construction sector remained stable thanks to  state support, cement plants have kept running during the crisis. Philippine cement workers  demand employers to extend paid quarantine leave from 14 to 28 days.  Unions have negotiated with employers to include occupational disease and workers’ benefits in the next collective agreement.

The situation in Indonesia’s cement industry remains worrisome. An oversupply of cement products flooding the national market is the result of unfair trade, particularly from China. IndustriALL Global Union affiliate, the Federation of Indonesian Cement Workers' Union (FSP ISI) has called on the government to save the national industry from global overcapacity in order to protect  jobs. FSP ISI has urged the government to impose a moratorium on national cement production at 42 million tonnes to cut inefficiency. IndustriALL has expressed its solidarity with FSP ISI in demanding sustainable cement industry in Indonesia.

Cement workers in Thailand are facing the challenge of restructuring, which will result in a decrease of permanent workers and an increase of contract workers. In an effort to increase power, cement unions planned to merge  under a single, stronger and sustainable union, for which a procedure so far has been postponed due to  the pandemic.

The Vietnamese unions reported  that the government supported cement plants during the pandemic, allowing nearly all of them to function without disruption.

Lena Yuliana, FSP ISI and co-chair of IndustriALL materials sector, reported on difficulties faced  by women in union activities. There is a traditionally low presence of women in the industry due to a lack of equal opportunities between  women and men.

“Our unions should put a lot more efforts in women organizing,” said Yuliana.

Annie Adviento, IndustriALL regional secretary said:

“The cement industry is an important sector of the economy in South East Asia, facing a lot of challenges aggravated by Covid-19. It is important that all actors in the sector must work together to ensure that the industry remains sustainable with workers’ rights and entitlements guaranteed.”

Alexander Ivanou, IndustriALL materials officer, said:

“The meeting has been an important opportunity for the affiliates to discus current challenges in bargaining, organizing and women representation in the cement industry in South East Asia. This has given  a clear direction about what IndustriALL  should focus for further actions in the sub-region.”

Union win for garment workers in Nicaragua

Tegra Global announced the closure of its New Holland Apparel plant and the termination of its 966 workers. The company claimed to comply with legal obligations and to provide the employees with additional benefits.

NUPA, part of FESITEX, affiliated to IndustriALL Global Union, called for talks with Tegra Global to secure additional benefits for the workers. After three days of negotiation between a committee of local and global Tegra directors and a union committee made up of representatives from NUPA, FESITEX and IndustriALL, a settlement was reached on 4 June. The agreement was signed following consultation with the workers, who voted by a majority to accept the deal.

FESITEX’s general secretary, Pedro Ortega, says:

“The agreement is a trade union win. It was achieved thanks to the unity shown by the New Holland workers, the sustained talks we held with Tegra and the unconditional support of the international organisations backing the Nicaraguan workers’ legitimate demands.

“This win will give strength to the struggle of Central American textile workers and build working class consciousness in the region. We have shown that, as long as we are united and organized, we can win economic and social demands, even if the company is leaving the country. We have achieved this thanks to international solidarity.”

In the agreement, Tegra pledges to:

NUPA, for its part, has pledged to actively support the company during the time it takes to conclude the production phase due to be completed within the next few weeks.

NUPA union representative Ileana González says:

“We were faced with serious socioeconomic hardships, having lost our jobs, so we decided to stand up for our rights with the help of the union. We thought it was a lost cause, because Tegra had already announced its withdrawal from Nicaragua. But we managed to hold talks with the company and to sign the agreement. We are very pleased with the results and international support played a crucial role.”

Marino Vani, IndustriALL regional secretary, says:

“This agreement is a very important step forward. We regret the closure, but appreciate Tegra Global’s openness to dialogue with the union and its efforts to meet the workers’ needs. We congratulate FESITEX, NUPA and its members, who mobilized and stood together to achieve the best possible agreement.”

ILC focuses on Belarus’ systematic violation of trade union rights

The Committee noted that there has been no meaningful progress towards full implementation of the 2004 Commission of Inquiry recommendations. The situation has dramatically deteriorated for workers and civil society after the rigged presidential election in August 2020, with ongoing repression and attacks on civil liberties and trade union rights.

Since August 2020, hundreds of union members and leaders have been intimidated, repeatedly subjected to administrative arrests and fines. Workers have been dismissed for using the right to strike and to peacefully protest; some have received heavy prison sentences for exercising their rights.

The Committee is urging the government to take measures to release all unionists who remain in detention and drop all charges related to participation in peaceful protests and industrial actions, referring to the 2004 recommendation which considers that adequate protection or even immunity against administrative detention should be guaranteed to trade union officials in the performance of their duties or when exercising their civil liberties, including the freedom of speech and freedom of assembly.

Over the years, up to 90 percent of Belarusian workers were shifted to one-year employment contracts, widely used to put pressure on workers who participated in peaceful actions and as a result many workers were laid off after August 2020. Together with a systematic denial to register independent unions, the use of short-term contracts seeks to eliminate the presence of independent union leaders and activists.

Since 2000, at least 100 independent unions have been denied registration; only one independent union has been registered.
On 28 May, Belarus adopted regressive amendments to the labour code, further restricting workers’ rights and freedoms, including a ban on strikes.

IndustriALL assistant general secretary Kemal Özkan spoke on a few of the many trade union rights violations at three IndustriALL affiliates: the denials of the BITU local unions registration and prison sentences for three BITU members for a strike in August 2020; the layoff of over 100 SPM union members for joining a union of their choice; and the police raids of the REP office.

“In light of these continued and systematic violations denying workers’ rights and freedom, stronger measures need to be applied in order to secure compliance of the Belarusian Government with the ILO Convention 87.”

109th Session of the International Labour Conference is taking place online. The Committee will decide on further measures on Belarus at the end of the session on 19 June.

IndustriALL Hyundai/Kia trade union network – a platform for global solidarity

The list of ILO member states that have yet to ratify ILO core labour standards is not too long, but contains a number of prominent countries like China, India, Iran, Qatar, Saudi Arabia, Thailand, USA. The highly industrialized Republic of Korea is no longer on that blacklistas it has recently ratified Conventions 29 (forced labour), 87 (freedom of association) and 98 (right to collective bargaining), which will enter into force in April 2022.

Kim Ho Gyu, president of IndustriALL affiliate the Korean Metal Workers' Union (KMWU), said:

“The ratified conventions are important legal guideposts for a comprehensive labour law reform to end union busting, to bring law and practice in line with freedom of association and to guarantee union rights for industry-level unions.”

The global Hyundai/Kia network exists since 2009 and has constantly supported the implementation of these basic rights in all factories of the group around the globe. In addition, IndustriALL affiliates from Brazil, Czech Republic, Germany, India, Korea, Slovakia, Turkey and the USA have made several unsuccessful attempts to convince the company to enter into negotiations on a global framework agreement to promote those fundamental rights and to open a channel of regular communication between the unions and the company at global level.

The network is hoping that Korea’s ratification of ILO conventions will have a positive impact on relations with the world’s fifth largest automotive group. Kim Yunsam and Choi Sun from the KMWU branch unions at Hyundai and Kia concluded that:

“Based on the fact that 70 per cent of the company’s business activities take place outside Korea, it is not only desirable but also logical to come up with high universal labour standards and a formal structure of social dialogue at global level.”

Delegates decided to deepen cooperation by improving the network’s internal database, aiming to strengthen their bargaining power and to identify cases of blatant injustice, like the high number of low paid trainees and other precarious workers in the Hyundai plant in Chennai, India.

“It is high time to end the exploitation of more than half of the Indian workforce earning less than 20 per cent of permanent workers,”

said Gowri Shankar, general secretary of Hyundai motors india employees union.

For more frequent contacts, a platform will be created enabling and promoting regular dialogue.

Participants used the meeting for an expert discussion on systems of pre-determined time standards, in particularly MODAPTS. Colleagues familiarized themselves with the overall concept and exchanged on related trade union responses.

“Such systems seem to be applied to transform human beings into robots. By understanding the system, we can significantly improve our bargaining power,”

said Patrik Fupšo, chairman of OS KOVO union at the Hyundai plant, Czech Republic.

Attendees debated the company’s strategy to develop into a mobility provider, including aspects like digitalization and electric vehicles. Based on calculations, they analyzed the labour impact of that policy in the Korean operations and concluded that it would be important to exchange on good practices to ensure the transformation is managed in a socially responsible way protecting the employability of the existing work force.

Georg Leutert, IndustriALL automotive director, stated:

“The major challenge is to manage the process of re- and upskilling to make sure no worker is left behind.”

IndustriALL and affiliates thanked the Friedrich-Ebert Foundation for their important support at this meeting and in the past.

Call for tender – specific research on the labour impact of new mobility concepts