New Labour Code will undermine workers' rights in Belarus

The planned amendments are mainly based on the Presidential Decrees No. 29 "On supplementary measures to develop labour relations, to strengthen labour and executive discipline" and No. 5 "On strengthening requirements to the executives and workers of organizations". Both decrees have been seriously criticized by the International Labour Organization (ILO) for their non-conformity to the ILO Conventions ratified by Belarus.

In contradiction to the existing Labour Code, Presidential Decree No. 29 introduced a system of widespread short-term contracts. As a result, up to 90 per cent of employees were shifted from permanent to one-year contracts, often without their prior consent. According to the Belarusian Constitution a presidential decree prevails over national laws. In absence of any protection against anti-union discrimination, many workers had to withdraw from independent trade unions.

Later, under pressure from trade unions and the general public, the decree was amended and certain categories of employees saw their contracts increased by up to three or even five years, although their legal status did not change.

The proposed amendments based on decree No. 5 once again shift more power to the employer and stripped workers of their rights.

"The consequences of the decree resulted in transformation of the contract based labour relations, into a legal enforcement tool, which is contrary to ILO Convention 29 – said Nikolay Zimin, Belarusian Independent trade union of Miners, Chemical workers, Oil-refiners, Energy, Transport, Construction and other workers.

Alexander Bukhvostov, Free Metalworkers' Union (SPM) explains that, “Proposed changes to the Labour Code will make the use of forced labour a normal practice among certain categories of workers.”

“All amendments to labour legislation will only worsen workers’ situation. For instance all of chapter 38 has been removed regulating compensations for disability as result of a trauma at work. Also holidays would be reduced by an average of six days," explains Gennady Fedynich, Belarusian Radio and Electronic Industry Workers' Union.

“Unfortunately, trade unions are deprived of the opportunity to make legislative initiatives. We have to ask MPs or contact the National Centre for Legal Information. Our union has studied the issue, made a complete analysis of the proposed changes, involved the legal community, and now we are working with MPs so that they can influence the bill," explains Svetlana Klochok, Belarusian Trade Union of Chemical, Mining and Oil Industries Workers.

Despite the complexity of the situation, the Belarusian trade unions are not giving up. IndustriALL affiliates repeatedly appealed to the legislative bodies of Belarus demanding the abolition of the decree No. 29, and suspension of the decree No. 5.

Kemal Özkan, assistant general secretary of IndustriALL Global Union, says: "IndustriALL is seriously concerned about the proposed changes to the Labour Code. In a time of economic crisis in Belarus, further oppression of working people through national legislation could undermine social stability in Belarus. Under such circumstances, instead of attracting foreign investors to the country, the authorities run the risk of driving them away."

Breakthrough in Bangladesh as unionists and garment workers are freed following international pressure

A tripartite agreement was reached on 23 February between IndustriALL Bangladesh Council (IBC), the Ministry of Labour and the Bangladesh Garment Manufacturers and Exporters Association, providing the release of the arrested trade unionists and garment workers. According to the agreement, those remaining will also be freed and cases against them disposed of.

IndustriALL Global Union General Secretary Valter Sanches welcomes the decision to release the jailed activists:

"We have seen an incredible show of global solidarity and this is an important victory for garment workers in Bangladesh, sending a strong message to the country's industry to enter into a constructive dialogue with the trade unions.

“The issue that sparked the crackdown on unions at the end of last year still remains. We will continue to support the fight for higher wages and will closely monitor the situation until all charges are dropped.”

UNI Global Union General secretary Philip Jennings says:

“Around the world, we have seen an effective global solidarity with protests in dozens of major cities across the globe. From Kathmandu to New York, people stood up to demand that Bangladesh respects human and trade union rights.

“We welcome the release of the imprisoned unionists and hope we can begin to turn the page on Bangladesh’s aggressive crackdown on labour. However, we must remain on guard – the message to Bangladesh is to respect labour rights.”

The agreement sets a precedent as it recognizes the IBC as a formal counterpart in negotiations.

“As a legitimate representative of the Bangladesh garment workers we have a platform. We will continue to fight for our members,” says Amirul Haque Amin, President of IndustriALL Bangladesh Council and the National Garment Workers Federation.

Background

Union leaders and garment workers were arrested and union offices shut down in Dhaka's garment district, following demands for a higher minimum wage in December 2016. The Bangladeshi government and garment factory owners used the wage strike as a pretext to crackdown on the labour movement.

IndustriALL and UNI Global Union launched the campaign #EveryDayCounts, which received massive support from affiliates and other actors in the labour movement. Hundreds of photos from all over the world have been posted on social media, and unions in more than 20 countries have sent letters to the Bangladeshi Prime Minister Sheikh Hasina, calling for the release of the detained garment trade union leaders and worker activists, and that all charges are dropped.

On 15 and 16 February, there were protests and visits to Bangladeshi embassies in over 16 cities, including Berlin, Geneva, London, Brussels, The Hague, Washington D.C., New York, Ottawa, Kathmandu, and Seoul.

LabourStart's campaign to free the jailed activists amassed more than 10,000 signatures.

Pakistan: Shipbreaking accident victims receive compensation

 On 1 November 2016, Pakistan witnessed one of the worst industrial accidents in its history at Gadani Shipbreaking yard in Baluchistan province. The oil tanker blast claimed the lives of 26 workers, while 19 were injured.

After three months and series of protests by IndustriALL Global Union affiliate the NTUF, a total of 45 workers received compensation from the government of Pakistan and the employer of the shipbreaking yard. Families of each of the 26 deceased workers received compensation of PKR 1.5 million (US $14,217). PKR 1.1 million was paid directly by the employer and the Commissioner office for Workmen Compensation paid PKR 4,00,000.

Subsequently, the workers’ welfare board will also pay PKR 5,00,000 (US  $4,739) as a death grant to each of the deceased workers’ families, which will make the total compensation amount PKR 2 million (US $18, 956).

Nineteen injured workers also received three different categories of compensation of PKR 1,00,000 (US $948) paid to eight workers, PKR 50,000 (US $474) paid to ten workers, while one worker received PKR 20,000 (US $190).

The NTUF, which organizes shipbreaking workers, held a series of protests and press conferences highlighting the problems faced by the shipbreaking workers. The NTUF played an important role in ensuring that victims of the accident receive compensation.

Nasir Mansoor of the NTUF said:

“We are disappointed that the compensation is less than we demanded. However, because of our consistent protests, shipbreaking workers were paid, which has never happened in the past.

“We are concerned that even after such a horrific accident, workers at the Gadani shipbreaking yard still work in dangerous conditions. Safety and protective equipment is not provided to workers.”

“No initiative has been taken by the government to provide training to workers on safe working methods. Workers and their families still have no access to safe drinking water, clean food and residential places.

“More importantly, no hospital or medical treatment facilities are available at the Gadani shipbreaking yard. We will continue to work hard to ensure the safety of shipbreaking workers”

The NTUF has developed a draft shipbreaking code, based on existing international regulations and standards. It has called on the provincial government of Baluchistan to hold tripartite meetings along with shipbreaking employers and workers representatives to adopt legislation to ensure safety at shipbreaking yards.
 
Kan Matsuzaki, IndustriALL director for shipbuilding and shipbreaking said:

“This is an important first step to change the situation in the Gadani shipbreaking yard, which is the worst of the worst.

"The provincial government of Baluchistan must act urgently to improve safety and inspection of the shipbreaking yards based on the code developed by NTUF. And it is time for Pakistan to ratify the Hong Kong Convention for the Safe and Environmentally Sustainable Recycling of Ships.”

IG Metall and Opel European Works Council meet with PSA Group

The meeting highlighted a mutual desire for a dialogue in the interest of the future of Opel and its employees. Participants discussed the impact of the potential acquisition of Opel/Vauxhall by PSA on existing labour agreements, site protection and job guarantees.

PSA Group reaffirmed its commitment to respect the existing agreements in the European countries and to continue the dialogue with all parties. The Group announced that it is willing to closely cooperate with the European Works Council and IndustriALL German affiliate IG Metall, to “create together with Opel-Management a European Champion with French-German roots to protect the future of the company and its employees”.

Cooperating with IG Metall, while respecting and implementing existing collective agreements is an important condition for the further process. It is the basis for a possible merger on the employees' terms,

says Jörg Hofmann, President of IG Metall and IndustriALL Global Union.

Wolfgang Schäfer-Klug, Chairman of the Opel/Vauxhall European Works Council, says:

This commitment and the agreement of a further negotiation process provides the basis of further talks with PSA. Tavares communicated convincingly in the talks that he is interested in a sustainable development for Opel/Vauxhall as an independent company. 

IndustriALL's global framework agreement with the PSA Group has a clear commitment to international core labour standards and stresses the extension of the Group's requirements to its business partners. It was first signed in 2006 and will be renewed on 7 March this year.

With the renewal of the GFA we'll strive to secure all the jobs and production sites of PSA and Opel/Vauxhall worldwide,

says Valter Sanches, IndustriALL General Secretary.

The meeting on February 20 was attended by Carlos Tavares, Chairman of the Managing Board of PSA, and Xavier Chéreau, EVP Human Resources of PSA, Jörg Hofmann, First Chairman of IG Metall, and Dr. Wolfgang Schäfer-Klug, Chairman of the Opel/Vauxhall European Works Council.

Union building project brings recruitment boost in India

During 2014 – 2016, affiliates from the steel, mining and energy sectors organized 43,062 new members, while affiliates from the textile, garments, shoe and leather sector organized 19,993 new members, in projects supported by IndustriALL and Union to Union, IF Metall, Unionen, SASK, the Finnish Metalworkers' Union and Pro.

During a meeting in Delhi in February, affiliates met to discuss the challenges of building sustainable unions, providing effective services to members, taking advantage of global framework agreements (GFAs) and union networks.

Atle Høie, assistant general secretary of IndustriALL says that bringing more workers into the union fold is a key objective to fulfill strategic goals.

“It is also important to organize workers in supply chains and increase women’s participation to build union power and a just society.”

While organizing, affiliates faced systemic challenges such as anti-labour political situation, changing labour laws, difficulties in registering new unions, closure of sponge iron units, cheaper steel imports, demonetization and repressive management.

There are also concerns over the difficulty in organizing precarious workers, which deeply affects the sustainability of union structures and the collection of dues.

“The projects are important tools to enhance affiliates’ capacity and to support their efforts to build stronger and sustainable unions,” says Apoorva Kaiwar, South Asia regional secretary.

The steel, mining and energy sector project worked with the Indian National Metalworkers' Federation, Indian National Mineworkers' Federation, the Steel, Metal & Engineering Workers' Federation of India and the Hind Khadan Mazdoor Federation to organize workers in Andhra Pradesh, Telangana, Chhattisgarh, Jharkhand, Odisha and Maharashtra.

A large number of precarious workers were organized, and solidarity was extended to fight for compensation for people who had land expropriated for corporate projects.

Involving women

In 2016, about 20,000 workers participated in various events, including area meetings, gate meetings and rallies. These events also saw increased women participation.

Devika Singh, chair of the India IndustriALL women’s committee, shared the results of mapping exercise of women workers in the sector and called for more attention to address women issues:

“Most women workers in the sector are precarious workers. In many steel plants and in mining areas women workers face problems of low wages, sexual harassment, lack of designated toilets for women, occupational health and safety and absence of crèche facilities.”

The textile, garments, shoe and leather project supported the work of the National Textile, Garment & Leather Workers' Federation, the Self-Employed Women's Association, the Indian National Garment & Leather Workers' Federation, the Indian National Textile Workers' Federation, Workers Initiative and the Textile Workers' Federation of India.

The work was carried out in manufacturing clusters such as Chennai, Coimbatore, Bangalore, Kolkatta and its suburban areas, Delhi national capital region, Kanpur, Ahmedabad and Mumbai. In 2016, over 7,000 workers participated in meetings and workshops.

Adam Lee, IndustriALL director for the base metals sector, said:

“Our Indian affiliates can take advantage of union networks and GFAs in multinational corporations.

“Unions internationally have power at some multinationals and can extend effective solidarity in the sector. Affiliates in India need to identify these multinationals and make use of existing union power to support organizing campaigns in India.”

European Parliament votes in favour of a Just Transition fund

Although not final – the proposal must be defended as it makes its way through other European governance structures – it is an important achievement. If implemented it would be the first time funds have been designated specifically for labour transition measures.

This success is the result of years of work by industriAll European Trade Union and IndustriALL Global Union, as well as others, supporting decarbonisation and the transition to sustainable energy sources as long as there is a solution to the impacts on employment.

“The vote in the European Parliament in favour of establishing a Just Transition Fund for the affected workers and communities is a step in the right direction," said Luc Triangle, General Secretary of industriAll Europe, “However, the proposal will now have to be discussed with the Council. IndustriAll Europe and its affiliates will continue convincing European leaders at member state level of the great necessity to establish the Just Transition Fund and thus to promote a socially-just energy transition in Europe.”

Brian Kohler, Sustainability Director at IndustriALL said “Congratulations to our European brothers and sisters. We are excited by this step taken by Europe, which should point the way to successes in establishing Just Transition programmes in other countries and regions.”

The European Parliament voted to support the proposal on 14 February 2017. 

1,000 miners on strike in Mexico

Negotiations to revise the collective bargaining agreement began on 7 February. After agreeing on the pay and benefit scale, and with only general requests remaining, company management demanded that talks be restarted from zero on 12 February.

IndustriALL Global Union affiliate Los Mineros says that

after agreeing on very important points following after days of intensive negotiations, the Canadian company then backed out.

The strike was unanimously approved at a workers’ general meeting on 14 February, and is supported by the review commissions of locals and by the National Executive Committee.

The company issued a press release saying that although they had not yet succeeded in discussing questions such as profitability and productivity–including its intention to reduce the workforce–they did manage to achieve “good progress on a number of issues raised by the union.”

Los Mineros union has indicated that it remains ready to reinitiate a conciliatory dialogue with Primero to reach a solution, and that they will continue to defend the workers’ interests through protest actions.

Fernando Lopes, IndustriALL director, says:

IndustriALL Global Union supports Los Mineros for a revision of the agreement in Durango, which should ensure progress in rights and working conditions.

First regional mining workshop held in Morocco

The workshop saw active participation from 33 representatives from Mauritania, Morocco and Tunisia. A key focus of the workshop was on safety and health in mines.
 
Participants came from these affiliates and potential affiliates:

The workshop discussed using ILO Convention 176 on Safety and Health in Mines as an instrument for improving conditions. The participants committed to campaigning for the ratification of the convention in Mauritania and Tunisia, and ensuring it is enforced in Morocco, where it has already been ratified.
 
Brian Kohler, health, safety and sustainability director for IndustriALL Global Union, gave a detailed presentation on the global campaign to end death and injury on mines.
 
He said: “The stronger the union, the safer the mine. Ultimately, all accidents are preventable. The first step to making mining safe and sustainable is worldwide ratification and implementation of Convention 176.
 
“I am very please to see the unions in this region developing joint work. This is an important first step in transforming the industry.”
 
The workshop participants spent time identifying their needs, and developing plans for joint work. Union leaders and health and safety officers will need training on both the technical and legal aspects of Convention 176.
 
Unions also identified a need to learn from other countries, particularly with regard to chemical safety in Europe, and the experience of South African mineworkers in improving safety through the integration of the convention in domestic legislation.
 
A major focus of the discussion was on developing strategies for integrating subcontractors into union work. Subcontracting is a growing feature of the sector, and it undermines terms and conditions as well as safety.
 
Participants identified some positive steps that will need to be taken, including:

The participants will develop an action plan at national levels to address the needs they identified.
 
Convention 176 requires governments to create a legislative and regulatory framework that protects workers’ safety and health, with a responsibility on both employers and workers to comply with certain requirements. The authorities are expected to supervise and inspect mines, report accidents and maintain statistics.

The mining industry in Morocco and Tunisia is dominated by phosphates, while Mauritania predominantly produces iron ore.
 

4,000 Korean metalworkers protest against restructuring of world’s biggest shipbuilder

Korean analysts and unions believe that Chung Mong-Joon, HHI’s controlling shareholder and part of the Hyundai chaebol dynasty, is restructuring the company to transfer ownership to his son Chung Ki-seon. It is a move that would be illegal under Korean law.

HHI announced last October that it would split into six units: Robotics, Global Services, Electric & Energy Systems, Construction Machinery, Green Energy, and Heavy Industries. HHI is putting the restructuring plans on the agenda of a shareholders’ meeting scheduled for February 27, 2017. HHI workers plan to strike from 22-27 February in order to block the meeting.

IndustriALL Global Union affiliate, the Korean Metal Workers’ Union (KMWU), pledged to standby HHI workers, who voted to join KMWU in December 2016. KMWU brought together thousands of plant-level union officers from across the country for the rally, which coincided with a 4-hour work stoppage. Speaking at the rally, KMWU President KIM Sang Gu said, “The struggle against the restructuring is not only the fight of Hyundai Heavy Industries workers. I proclaim right here that it is the struggle of 170,000 workers of the KMWU.

“The KMWU will stop this restructuring, which is an attempt by Chung Mong-joon and the Park Geun-hye government to shift the responsibility for the shipbuilding industry downturn onto the backs of workers.”

Baek Hyeong-rok, a union leader at HHI said, “The Hyundai Heavy Industries spin-offs will lay the foundations for the third-generation succession of management by Chung Mong-joon and his family. They aim to monopolize all the wealth built from the hard work of the workers. We cannot approve of a shareholders’ meeting that is for the benefit of Chung Mong-joon only. We will stop this.”

HHI has refused to recognize the KMWU as collective bargaining representatives, even though KMWU is recognized by Hyundai Motors.  KMWU Hyundai Branch Chair Park Yu Gi pledged support for HHI workers at the rally, “The workers of Hyundai Motors stand with the comrades at Hyundai Heavy Industries. We will fight together until we win this struggle against unilateral restructuring.”

*This article was updated on 20 February 2017. 

Global protests grow over Bangladesh crackdown against trade unions

Trade unionists, workers and NGOs have gathered together to stage actions outside Bangladesh embassies and consulates around the world. They are calling for wrongly jailed union leaders and workers to be freed immediately and the crackdown against unions to stop.

In last few weeks at least 34 union leaders and garment workers have been arrested and detained over false allegations connected to demonstrations over low wages. As recently as February 10 a group of nine union leaders were arrested in Chittagong. As of today many remain imprisoned and none of the charges have been dropped.

UNI Global Union Deputy General Secretary, Christy Hoffman said, “This crackdown is about denying workers in the Bangladeshi garment industry the right to organize unions and collectively bargain for decent wages. We call on the Bangladesh government and the BGMEA to put a halt to this harassment and respect the workers who create wealth for their country while receiving a pittance.”

IndustriALL Global Union Assistant General Secretary, Jenny Holdcroft, who delivered a letter of protest to the Bangladesh Consulate in Geneva said, “The Bangladesh government must understand the implications of the widespread protests this week in Europe, the United States and Asia. There’s no sustainable future for the industry without respect for labour rights."

Pressure on the Bangladesh government and industry is continuing to mount. Leading garment brands, including H&M, Inditex, C&A and Tchibo, have said that they will not be attending the industry’s Apparel Summit in the Bangladeshi capital Dhaka on February 25, citing the current climate of repression against unions as incompatible with activities to promote the industry.

The absence of global brands at the Apparel Summit, an international event which will be inaugurated by Bangladesh Prime Minister Sheikh Hasina, sends a clear message to the Bangladesh garment industry that so long as workers and trade unionists are being arrested and intimidated for speaking up for the rights of garment workers, there will be no ‘business as usual’.

Background

The situation in Bangladesh has continued to deteriorate with the government cracking down hard on organized labour. Trade union offices have been ransacked and vandalized, leaders arrested and imprisoned and organizers have gone in to hiding for fear of retribution. 

IndustriALL Global Union and UNI Global Union have been at the forefront of improving worker rights and safety in the garment industry in Bangladesh following the 2013 Rana Plaza factory collapse, which killed more than 1,100 garment workers. They were the drivers of the Bangladesh Accord, a legally-binding agreement signed by more than 200 global brands, to inspect 1,600 garment factories for fire and safety hazards. More than 74 per cent of identified safety issues in the 1,600 factories have been reported and verified as fixed. 

Sign the LabourStart petition. 

See the actions on social media:

Facebook: https://www.facebook.com/IndustriALLGlobalUnion/

Twitter #EveryDayCounts