Unions urge LafargeHolcim: "No feast in a time of plague!"

Due to the pandemic, leading building materials group LafargeHolcim announced that this year its AGM would not take place, and allowed votes only via an independent proxy. Due to the impossibility of addressing shareholders face to face, IndustriALL Global Union, together with its sister organizations the Building and Wood Workers International (BWI) and the European Federation of Building and Woodworkers (EFBWW) appealed to the shareholders via a statement. 

The three organizations criticized the exorbitant dividends offered to LafargeHolcim shareholders while their workers are struggling to survive.

In their joint statement, IndustriALL, BWI and EFBWW, insisted that the company must ensure that “collective bargaining agreements, national laws and recommendations of the public authorities are fully respected and properly implemented. This applies especially to occupational safety and health measures, particularly the measures against Covid-19, the organization of working hours and entitlement to wages or wage compensation.”

Despite this appeal from the unions, the board of directors at LafargeHolcim received a green light from their shareholders, who voted in favour of the exorbitant dividends of 2 CHF per share. LafargeHolcim will pay out:

In their statement, IndustriALL, BWI and EFBWW strongly criticized this company proposal and informed shareholders that “LafargeHolcim workers who need to stay at home are being obliged to use up all their available annual leave entitlement for 2020 and for 2021 in order to continue receiving their basic wage. Contractors’ employees are receiving no support at all from LafargeHolcim.”  

Further, the three organizations demanded that LafargeHolcim put in place health and safety measures aimed to combat Covid-19, as well as respect fundamental workers’ rights.

It was revealed today that unfortunately LafargeHolcim shareholders turned a deaf ear to the unions’ demands and supported all the proposals of the board of directors.

Kemal Özkan, assistant general secretary of IndustriALL said,

“Permanent and contract workers at LafargeHolcim operations are facing extraordinary challenges during this Covid-19 pandemic. It is shocking to see that LafargeHolcim is paying exorbitant dividends, which are not even subject to taxes.”

“It is completely unacceptable that 37 LafargeHolcim workers lost their lives in 2019 alone. We strongly urge LafargeHolcim to stop this feast in a time of plague and invest more in social dialogue, protect the health and safety of all the employees and guarantee their incomes in difficult economic situation.” 

“We repeat our slogan: Respect workers’ rights – put people before profits!”

South Korean pharmaceutical workers condemn Zoetis

Zoetis management in South Korea has blocked the effort of employees to form a union, committing several instances of intimidation and harassment, and undermining of the union since June 2019. The violations have been taken up by the Ministry of Labour, which has identified unfair labour practices.

 

IndustriALL today wrote to the Zoetis CEO, Kristin Peck, at the company’s headquarters in New Jersey, USA, to demand a fair resolution to the labour rights violations in South Korea.

The details of the case pertain to a group of Zoetis employees in South Korea who formed a union in 2015. In 2018 the company began discriminating against union members by prioritizing non-union members in promotions. Management’s hostile behaviour in negotiations for a collective bargaining agreement (CBA) included strong restrictions on union leave, while at the same time unilaterally declaring a wage increase outside of bargaining.

In June 2019, new HR managers began to intimidate anyone connected to the union. The CBA was not implemented and union officers and members were threatened with sanctions, accusations and charges. This moved the union to take partial strike action on 25 and 26 June. The employers responded by completely shutting down the workplace for 28 days.

 

The Ministry of Labour intervened, and witnessed the employer’s unfair labour practices. These included punishments for union membership, harassment and bullying, and contacting family members with the letter of disciplinary action against union members.

In a further escalation of management’s unlawful attack on the union, in October the local union chair was sanctioned with a three-week suspension and 14 members were disciplined. This was ruled unfair by the labour relations commission, and moved the union to take partial strike action again, from 20 November 2019.

On 10 January 2020, the Ministry of Labour transferred the case of unfair labour practices to the public prosecution service, with charges of negligence in collective bargaining, discriminating against union members, and illicit lockout.

On 13 March 2020, management ordered the local union chair to stay at home, to stop all contact with other employees, including union members, and to stop using company electronic systems. On 10 April, the local union chair was sacked. Management has either already sanctioned or is currently running a disciplinary procedure against 18 trade union members.

The employer refused a union request on 26 March for paid annual leave to be used when employees have flu symptoms, as Korea does not provide a legal system for sick leave.

IndustriALL pharmaceuticals director Tom Grinter said:

“Our KCTF sisters and brothers continue to picket and protest locally against these shocking violations. IndustriALL demands an urgent intervention from global headquarters of Zoetis to require South Korean managers to act in line with the law, international labour standards, and the company’s own core beliefs.”

Zoetis is the world’s leading animal health company, employing 10,000 people worldwide, and making US$6 billion per year in revenue. The company researches and manufactures pharmaceutical products for animals, including veterinary vaccines, medicines and diagnostic products, as well as a range of products used in livestock farming. Zoetis was previously part of the large multinational Pfizer, until becoming an independent company in 2013.

South East Asian unions turn online to defend workers’ rights

Union leaders are using online communication platforms to explain how workers’ rights are protected under national labour laws or to discuss Covid-19 policy response. Some unionists have used the phone for negotiating with employers to not cut wages.

In Myanmar, although the government has not imposed a nation-wide lockdown, the leadership of Industrial Workers’ Federation of Myanmar (IWFM) has taken precautionary steps by holding online meetings with union leaders at factory-level.

“Many employers are attacking trade unions, hiding behind the impact of Covid-19. They either cut down wages or refuse to pay wages all together, and some union members have been fired without termination benefits. We brief them on what employers can or cannot do according to the laws,”

says IWFM president Khaing Zar, who is also a member of IndustriALL Global Union’s Executive Committee.

In the Philippines and Malaysia, movement control is severely restricted. As any physical activity is near impossible, unions in the two countries held online forums on the impact of Covid-19 on workers in conjunction with May Day.

“How unions can deliver an efficient service post covid-19 has become a challenging question,”

says Gabriel Aranzamendez, national president of the Confederation of Filipino Workers (CFW).

“We are confident that unions are able to swiftly adapt to a new normal and improve our communication strategy. It it is imperative for labour organizations to have a more collaborative working relationship with the government to accelerate the healing process of our nation.”

The general secretary of Malaysian union National Union of Transport Equipment and Allied Industries Workers, N. Gopalkishnam, presented ten demands from the Labour Law Reform Coalition at a Covid-19 forum. He called on the government to consult with unions by using teleconference platforms on workers’ issues, including labour law reforms.

Having made frequent phone calls to negotiate with employers over unreasonable wage reductions during the country’s lockdown, Gopalkishnam says:

“Seven companies claimed they could only afford to pay 50 to 70 per cent of wages in April. Since travelling and physically meeting with employers is impossible, we negotiated over the phone.”

IndustriALL raises questions ahead of Shell AGM

On 13 May, Shell will hold an online shareholder’s engagement meeting ahead of the 19 May AGM. Shareholders were invited to submit questions two weeks before the engagement meeting. Shell will respond to questions by email instead of at the public meeting.

IndustriALL Global Union has ongoing concerns about conditions at Shell workplaces around the world, and has consistently campaigned against the very high level of casualization at Shell. IndustriALL has previously raised questions and also joined demonstrations outside the Shell AGMs in The Hague in 2018 and 2019.

IndustriALL’s primary concern is Shell’s behaviour in resource-rich developing countries, where the company’s large footprint perverts the development of the local economy and entrenches an extractive industry that is heavily reliant on foreign companies.

A prime example is Nigeria, where Shell’s presence has led to decades of environmental degradation, corruption, human rights abuses and union busting. Nigerian unions call for the sustainable industrialization of their country, and a programme of beneficiation that will see the country’s oil wealth raise standards of living for everyone.

 

But 82 per cent of Shell’s workers are contract workers who live in poverty with no job security, poor healthcare and little regard for health and safety. Workers who attempt to unionize, raise health and safety issues or report injuries are dismissed. Because Shell is the largest company in the Nigerian oil sector, its actions set a precedent, and many other companies in the sector show similar behaviour.

The children of a deceased Shell contract worker, visited by IndustriALL in 2018

Unions in Nigeria report numerous cases of workers dying or becoming permanently disabled because they have been too afraid to raise safety concerns. Last year, IndustriALL reported Shell’s treatment of contract workers to the UN Human Rights Council.

IndustriALL’s primary demand is that Shell engage in social dialogue at a global level with workers’ representatives. So far, Shell has categorically refused the offer of international dialogue.

In questions submitted ahead of the AGM, IndustriALL raised the contradictions between the principles that Shell claims to adhere to in publications like its Sustainability Report, and well-documented evidence that Shell fails to meet these standards. IndustriALL submitted the following questions:

  1. Why Shell does not exercise due diligence on contractors to ensure that they are socially responsible?
  2. Why Shell does not control and provide proper health insurance for all their workers and contractors?
  3. Will a representative of Shell agree to meet with IndustriALL Global Union to establish dialogue with the aim of addressing and resolving these violations?

Energy director Diana Junquera Curiel said:

“We have consistently raised these issues with Shell, and we have never had an adequate response. However, there is real suffering at Shell workplaces, and we are determined to change this. We remain committed to dialogue and working with Shell to resolve these issues.”

CFMEU wins appeal against BHP Operations Services

IndustriALL affiliate CFMEU Mining and Energy appealed with Australia’s industrial relations tribunal Fair Work Commission against the approval of two enterprise agreements covering workers employed by BHP’s labour hire subsidiary Operations Services.

The full bench agreed with several of the CFMEU’s grounds of appeal, including whether there was genuine agreement by workers and whether the agreements pass the ‘better off overall test’ compared with the Mining Industry Award and Black Coal Mining Industry Award.

CFMEU national president Tony Maher says that the decision is an important win, but that the fight is not yet over.

“This decision is a setback to BHP’s strategy to cut wages by employing people on non-union agreements through an in-house labour hire provider. BHP already has good enterprise agreements in place at its coal operations and their Operations Services employees deserve the same pay and conditions as those directly employed workers alongside them.

“Our message to Operations Services workers is that we are committed to bringing your pay and conditions up to par with BHP employees. Same work, same pay.”

Operations Services worker are currently deployed at BHP’s Mt Arthur coal mine in the Hunter Valley and a number of BMA coal mines in Central Queensland. The union is receiving reports about lower pay, a very high turnover and short-staffing at mines where Operations Services has been deployed.

“We congratulate our union brothers and sisters in Australia who are fight back against BHP’s greedy behaviour for which the workers are forced to pay the price.

“This is an important win and shows BHP that their disrespect for workers’ rights cannot continue.”

Mining giant BHP has a policy of outsourcing jobs; in comparison to an industry average of 30 – 40 per cent, at BHP managed sites 60 per cent of the workforce on average are contractors.

Series of industrial accidents rocks India as work resumes post-lockdown

The series of accidents on 7 May started in the early hours with the gas leak at LG Polymers plant located near Vishakhapatnam in Andhra Pradesh.

Other incidents the same day include a boiler explosion at unit 6 of the Neyveli thermal power plant, which injured eight workers. Seven workers fell ill after inhaling poisonous gas at Shakti paper mills in Tetla village near Raigarh, and a fire broke out at a pharmaceutical packaging factory at Satpur area near Nashik city, with no reported injuries.

The styrene gas leak accident occurred at around 2.30 am as LG Polymers employees were preparing the plant for reopening after a 40 day nationwide Covid 19 lockdown. The gas quickly spread in the atmosphere over a radius of about five kilometres and formed a thick fog affecting visibility.

Styrene monomer is normally in a liquid state and is safe below a temperature of 20 degrees Celsius. According to initial reports, a malfunction in the refrigeration unit lead to a temperature increase beyond the safety level, resulting in the chemical converting to gas and leaking into the atmosphere. Another report by Down to Earth stated that lack of maintenance, a defunct volatile organic compound detection system and management negligence may have caused this accident.

The leak affected at least five villages around the plant near Vishakhapatnam. As people attempted to escape in vehicles many fell unconscious in the streets. Large numbers of livestock were reported dead. Currently a total of 305 patients are undergoing treatment at the hospitals and about 128 people have recovered and been discharged. None are said to be critical. The government announced it will cover all expenses for the treatment to the gas leak patients. 

Rescue teams from National Disaster Response Force and National Environmental Engineering Research Institute supported the local administration in the evacuation of victims. According to the WHO International Agency for Research on Cancer, styrene is a suspected human carcinogen and is highly toxic. Reproductive and neurological risks are presented to those who are exposed to it.

IndustriALL director for the chemicals industry Tom Grinter said:

 “The environmental sustainability of LG Polymers must be reviewed. All those exposed to styrene should receive medical assessments and free treatment now.  LG Chem should take responsibility not only for the current, but also the future health complications that may arise for victims. It should uphold transparency and disclose full details of chemicals used and the remedial measures it is planning to take to improve safety.”

Police registered criminal cases against the LG Polymer plant management. The Andhra Pradesh government formed a committee to investigate the incident. The state government announced compensation of INR 1 crore (US $132,799) to each family of the deceased, INR 10 Lakh (US $13,380) to each patient undergoing treatment on ventilator support, and INR 25,000  (US $332) to out-patients. Further, each of the about 15,000 population in the villages affected by the gas leak will be paid INR 10,000 (US $133). The government also announced compensation for the lost livestock.

LG Chem issued a statement of apology and stated that the company will mobilize all its technological capabilities to prevent further problems, investigate the accident and share the information. Locals demand that the company be shut down permanently.

Apoorva Kaiwar, regional secretary of IndustriALL South Asia, said:

“This series of accidents on a single day highlights shortcomings of safety regulations and raises serious questions on the impact of prolonged Covid-19 lockdown on Industrial establishments. The government of India should activate its inspection system and send warnings across the country to take precautions and avoid such accidents as factories begin to resume work.”

Kinross Gold Corporation must ensure workers’ health and safety during Covid-19 crisis

Workers are demanding that the company complies with the Mauritania’s labour law, especially regarding staff representatives, legal duration of work, overtime, weekly rest and the respect for the 2019 collective agreement.

In addition, staff representatives are stressing the need to follow the safety instructions established by the authorities related to Covid-19 on quarantine and isolation for 14 days for anyone arriving on site.

On 18 April, staff representatives sent a letter to management stating their demands and concerns, but the company failed to respond.

On 4 May, staff representatives convened a meeting with the company management to negotiate, but when no agreement was reached, the workers went on an indefinite strike.

Laghdaf Dia Sanghare, general secretary of IndustriALL affiliate  Fédération nationale de l'énergie, des hydrocarbures, des mines et de l'industrie (FNEHMI) says:

“The FNEHMI is urging Kinross to show flexibility during this pandemic and to engage in negotiations with the union with the aim to find a solution to their legitimate claims. The FNEHMI is inviting the government to play a role in finding a way forward in this conflict which has gone on for too long, and help reach a durable solution.”

In a letter to Kinross CEO, J. Paul Rollinson, IndustriALL is urging the company to immediately intervene and respond to the workers’ demands, guarantee workers’ health and safety, and strictly abide by the labour law provisions.

IndustriALL assistant general secretary Kemal Özkan says:   

“We stand in solidarity with our affiliate and support the demands. Health and safety measures must be respected during this pandemic and management must enter into negotiations in good faith over the workers’ legitimate demands. It is imperative that Tasiast immediately complies with safety instructions in the workplace.”

Headquartered in Toronto, Canada, Kinross Gold is one of the leading gold mining companies in the world with mines and projects in the United States, Brazil, Chile, Ghana, Mauritania, and Russia employing approximately 9,000 people worldwide.

Veolia Moroccan subsidiary flouts labour laws and underpays wages

Amanor, a subsidiary of French multinational Veolia, operating in water and waste management, and energy services, is responsible for mass dismissals, including of the union leader, non-payment of contractual benefits, an all-out attack on the union, and now a blocking of state aid for 500 workers because management refuses to register the workers to receive social security during the pandemic.

IndustriALL Global Union Sector Director Tom Grinter says:

“Sacking workers for demanding their unpaid benefits? Openly refusing to respect the national labour law? Vindictively blocking workers from receiving pandemic state aid? Disgusting. Veolia must fix this immediately.”

Workers at Amanor are unionized under Union Marocaine du Travail (UMT) and covered by a collective bargaining agreement (CBA), signed in November 2017. That CBA was breached in October 2019 when management stopped paying the shift rotation benefit of 571 dirhams (US$57). The following month management stopped paying the 250 dirhams (US$25) transport benefit, at a time when negotiations were advanced for a renewed CBA.

The cuts in benefits were deemed illegal by the official Labour Inspector during a process in which the general manager openly stated that he does not recognise Moroccan labour law.

After exhausting all possibilities of dialogue with management, the union began protesting in December 2019. Warning strikes were conducted with two demands: the restoration of the removed benefits, and the official integration into the parent company Veolia.

Intervention and mediation from the Tangier Governor, and the national UMT could not stop the anti-union attacks by management. The company level union general secretary was dismissed without reason on 20 January, sparking an indefinite strike in all parts of the company and wide protests.

Management continued sacking workers trying to break their struggle, dismissing ten union reps and supporters at the end of January.

The company has since refused to reinstate all those dismissed, meaning that the indefinite strike now continues into its third month. With Morocco facing the global pandemic, the 500 affected workers and their families are facing dire hardship. Protesting workers are present at the company head offices in Tangier-Tetouan and Rabat, demanding justice.

Moroccan state aid is offered to workers throughout the country to get through the pandemic crisis. But this aid does not reach the 500 Amanor workers and their families because company management refuses to register them with the national social security office.

Parent company Veolia has very strong global commitments on human and trade union rights, with a public target of expanding access for its employees to “labour relations mechanisms”.

Strengthening social protection in Indonesia

In mid-April, the Indonesian Coordinating Ministry for Economic Affairs revealed that 2.8 million workers had lost their jobs due to temporary closure of businesses amid the Covid-19 outbreak, 1.4 million workers applied for the pre-employment card scheme to receive training and monetary subsidies.

The staggering increase in unemployment is posing a big challenge to Indonesia's social protection system in Indonesia. Accorfing to ILO’s World Social Protection Report 2017-2019, the percentage of the country’s social protection expenditure (excluding health) per GDP has been gradually decreasing since 2000.
 
Kusmawan recommends the government to provide monthly cash aids for workers, instead of getting workers to attend trainings under the pre-employment card scheme. He says that the most critical needs now are food, clothes, and shelters:

“The government must strictly monitor layoffs and terminations, employers are morally obliged to give all termination benefits stated in labour laws. Brands in the textile, garment, shoe and leather sector should also set up a corporate social responsibility fund to help workers.”

The President of Indonesian Trade Union Confederation (KPSI) and the Federation of Indonesian Metal Workers' Union (FSPMI) Said Iqbal, is urging the Workers’ Social Security Agency (BPJS) to set up a special fund from the deposit interest of workers’ fund to buy face masks and hand sanitizers.

"The personal protective equipment should be distributed to all Indonesian workers for free."

Iqbal also called on the government and employers to stop dismissals to protect the well-being of workers. He suggested employers to halt production and provide 100 per cent paid leave to workers as a mean to reduce operational cost.

"We support the call for 100 per cent paid leave for Indonesian workers. South East Asian governments must take steps to strengthen social protection systems during this unprecedented period,"

says IndustriALL regional secretary Annie Adviento.

From underground activist to general secretary

How did you become involved in trade unions?

"While working in an electronics factory in Kuantan, a lot of shop floor workers were unhappy with working conditions and how management handled workers’ issues.

"After several informal discussions on how to change the situation, we contacted a leader of National Union of Petroleum and Chemical Industry Workers. That person recommended us to contact Bruno Periera from Electronics Industry Employees’ Union western region (EIEUWR). This was a period of underground activism without alerting the company."

Learning to become a trade unionist – what did your education process look like?

"Bruno brought us the trainings held by one of IndustriALL’s founding organizations, International Federation of Chemical, Energy, Mine and General Workers' Unions, in Kuala Lumpur. From there we got the basic idea of trade unionism; workers’ rights, collective action and work-life balance.

"That built up our momentum to organize and educate workers at our workplaces. My job as a clerk enables me to move around the factory and to talk to workers from every department. We registered the union and received recognition in 2010.

"In the past 10 years, EIEUER has expanded the coverage from one factory to three factories."

What is your role as general secretary of EIEUER?

"I was elected general secretary in 2017. My responsibilities include negotiations with employers and to fight for the best terms and conditions for workers in collective agreements. We still attend the collective bargaining agreement training provided by IndustriALL; learning is a continuous process.

"At the workplace, I am as union representative and handle a range of issues, like workplace disputes, disciplinary matters, and cases that referred to the industrial court."