Fighting anti-union legislations in South East Asia

IndustriALL Indonesian affiliates have fought the Omnibus Law since its announcement in October 2019. Through legal challenges, the constitutional court deemed it conditionally unconstitutional, upheld 21 of 71 union petitions and ordered the government to enact a new law within two years.

IndustriALL Asia Pacific exco co-chair and the chief of international department of FSPMI Prihanani Boenadi said:

“The international solidarity actions through expert presentation at constitutional courts had been very helpful as judges took the statements seriously. We will continue to advocate for union-friendly labour laws before the government introduces the new law within two years.”

 
The outsourced workers provision in Omnibus Law which permits indefinite contract periods has been reversed, but the similar labour-only contracting feature has remained unchanged in the Philippine Labour Code.
 
After then President Rodrigo Duterte vetoed the Security of Tenure Bill in 2019, four new bills were introduced in the Philippine Congress to prohibit contractualization, allowing tripartite councils to decide outsourcing and regulate job contractors with at least PHP10 million (US$178,571) in capital.

Paul Gajes, legislative officer of the Trade Union Congress of the Philippines (TUCP) and deputy speaker Raymond Democrito C. Mendoza said they will push for the Security of Tenure Bill by using ILO and ITUC reports on worker rights violations, leveraging international trade agreements and building coalitions with national and global unions.

In Thailand, the Confederation of Industrial Labour of Thailand (CILT) has been campaigning for ratification of ILO Convention 87 and 98 for three decades. The confederation initiated an ILO 8798 Convention driving network consisting of 26 unions and worker organizations in 2023. The network engaged European Union trade representatives and IndustriALL Europe several times, demanding the inclusion of ratification of the two ILO conventions in the EU-Thailand free trade agreement negotiations.

In contrast, the enforcement of Malaysia’s Trade Union (Amendment) Act in September 2024 means trade unions can organize workers from multi-sectors and are allowed to form a second union to compete with each other democratically. IndustriALL Malaysia council and the labour law reform coalition welcome the greater freedom of association and commit to the unfinished journey of law reform as many provisions of the labour laws are still deemed anti-unions. 

ITUC Asia Pacific senior director of organizing and projects, Patuan Samosir, said:

“While significant progress has been made in some areas, workers continue to face challenges related to legal protections, working conditions and union rights. Strengthening labour laws, promoting worker rights and empowering trade unions will be key to improving the lives of workers in the region.”

 
IndustriALL assistant general secretary Kemal Özkan said: 

“We are living in a time of class struggle. The global attack on trade unions and workers' rights leads to more exploitation. We must mobilize workers to support the struggles against anti-union reforms in the four countries, let’s give support to each other, including our brothers and sisters who are struggling in Cambodia, Myanmar and Korea.”

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Affiliate in Bangladesh signs CBA with Hop Lun

Under the agreement, effective from December 2024, workers will receive a 10 per cent increment on their basic wage. The union initially demanded an annual wage increment of 20 per cent of the total wage. The attendance bonus has been increased from BDT 800 (US$6.50) to BDT 1,050 (US$8.50) and cannot be deducted for approved leave. A festival bonus equivalent to full basic pay will be provided to workers with a tenure of six months or more.

The union also secured a commitment to promote a minimum of 100 workers annually, of which at least 80 per cent must be women. Women workers will be entitled to maternal welfare benefits in line with Bangladesh’s labour law, including 122 days of maternity leave. Pregnant workers will have access to free ultrasonography services provided by management, as well as additional meals to meet a daily requirement of 2,400 calories. Daycare and childcare facilities, including balanced meals and play arrangements, will be available for children under six years old.

The agreement includes provisions on disability rights, gender diversity, and equality. Management will take steps to promote gender diversity, including conducting training sessions. Women workers and those in need will receive two packets of sanitary napkins or reusable pads free of charge each month. Additionally, workers will undergo training on reproductive health.

Nazma Akter, executive committee member of IndustriALL and president of SGSF, says:

“This is a groundbreaking agreement. The union bargained for the inclusion of several progressive provisions, including disability rights, gender equality, and diversity, as well as Just Transition.”

The agreement also calls for the establishment of a permanent Just Transition committee with representatives from both the union and management. The committee’s mandate includes formulating a code of conduct and holding regular discussions on climate change and the steps needed to address its impact.

Christina Hajagos-Clausen, IndustriALL textile and garment director, says:

“Congratulations to the union and workers of Hop Lun on successfully negotiating a pro-worker agreement. IndustriALL is committed to supporting its affiliates in the fight to advance workers’ rights.”

Myanmar’s forced labour situation is worsening

Garment workers are forced to work overtime without compensation and benefits, excessive production targets were given, wage arrears are common and minors were hired illegally. Degrading treatment like shouting and insulting remarks are normal as unions are absent; the army is brought in to quell protests if employers owe wages.

According to Myanmar Labour News, garment workers at Wonderful Apparel Co. were given a daily wage 10,000 Kyat (US$4.70) and were asked to work through the night. When refusing overtime work, 19 workers were immediately dismissed. Social security fees were deducted from the wages, but workers couldn't enjoy any medical benefits. When 500 workers at Charis Sculpture factory went on strike for decent wages and paid overtime, 13 workers were fired and two workers were assaulted outside the factory.

The Confederation of Trade Unions of Myanmar (CTUM) has raised concerns about the forced overtime, saying that garment workers are given unreasonable targets then forced to work longer on the ground that the workers cannot perform within normal working hours. Often, factory officers scream at workers and refuse to arrange return transport for the workers refusing overtime. CTUM says that workers have lost their legal rights after the coup d'etat; wages will be deducted if they take leave, and workers will be fired if they take leave for three days.

The situation of garment workers in Myanmar meets the forced labour indicators of the International Labour Organization (ILO) – abuse of vulnerability, deception, physical violence, intimidation and threats, withholding of wages and excessive overtime. The ILO has suspended the military junta from participating in governing body meetings and ceased all technical assistance, and placed an item concerning measures under article 33 of  the ILO Constitution to secure compliance by Myanmar with the recommendations of the Commission of Inquiry on the agenda of the 113th session of the International Labour Conference in 2025.

In November last year, IndustriALL GlobaI Union filed complaints against three major garment brands – Next, New Yorker and LPP – at OECD's National Contact Points (NCPs). Despite overwhelming evidence of continuous violations of workers’ rights under Myanmar’s military junta, these brands continue to place orders in the country, profiting from the eradication of labour and human rights.

“Brands that stay in Myanmar are benefiting from an environment of fear, forced labour, and exploitation. There are widespread, comprehensive reports on the extensive violations of workers’ rights and there is no freedom of association in the country. Human rights due diligence requires worker involvement and independent verification, which is impossible under the military rule,”

IndustriALL general secretary Atle Høie said at the time.  

In addition, the military junta has increased the surveillance of migrant workers and are making a profit out of their hard-earned money. Myanmar's National Unity Government (NUG) issued a statement on 5 December 2024 to appeal to the Thai government not to support the oppression of Myanmar workers in Thailand. The NUG said the military junta had requested the Thai government to share the personal information and tax payment of Myanmar migrant workers with the junta, the remittance must be transmitted to banks designated by the junta with fixed exchange rates, which will double or triple the cost of remittance at the expenses of migrant workers. 

The military junta continues to bomb townships and villages indiscriminately, causing heavy death tolls, enormous destruction and internal displacements. Since the approval of the conscription law, the army is actively searching and arresting young people to join the civil war. A directive was issued in November 2024 allowing the military to call back migrant workers for military service through employment agencies.

“For the sake of millions of Myanmar workers, including members of IndustriALL, living under the oppression of the military junta, we repeat our call to international brands to divest their business in Myanmar. Their businesses are built on the basis of forced labour and workers’ blood in the country. Workers’ rights must be defended and democracy restored in Myanmar,”

 says Atle Høie, IndustriALL general secretary.

Iraqi unions reject controversial draft law

A statement issued by the CIFWU and ITUC on 15 January, raises concerns over Iraq’s failure to align with international obligations and the undermining of workers’ fundamental rights The unions say that the law's exclusion of public sector employees from forming trade unions is discriminatory and regressive.

CIFWU and ITUC also pointed to specific violations of ILO Conventions 87  and 98, which guarantee freedom of association and collective bargaining. These concerns were corroborated by the ILO Committee of Experts during a September 2024 review in Geneva, where the draft law was criticized in the presence of key parliamentary and civil society representatives.

The unions are urging the Presidency of the Council of Representatives and the Legal Committee to withdraw the draft and to direct the Ministry of Labour to create a new, inclusive proposal. This revised legislation should be developed through social dialogue and comply with international standards, ensuring the rights and freedoms of all workers are protected.

Collective action is essential, and CIFWU and ITUC are calling on workers across all sectors to unite in defending their right to form independent trade unions, a call supported by IndustriALL.

Says Atle Høie, IndustriALL general secretary:

“Freedom of association and collective bargaining are fundamental workers’ rights. This means unequivocally that workers in Iraq should not be subjected to laws restricting them from joining the union of their choice or bargain for their working conditions. IndustriALL calls on the Iraqi government and the parliament to revise the draft law and to engage with unions in genuine dialogue to achieve a proposal respecting international workers’ rights.”

Photo: workers protesting in Basra, 2023.

Forced labour allegations at Kawaguchi, Malaysia

In September 2024, allegations against Kawaguchi Manufacturing surfaced through public media, later confirmed by the Malaysian Labour Department. These included wage theft, recruitment fee exploitation, denial of leave, poor living conditions, visa renewal refusals, intimidation tactics such as detention and deportation threats, and the withholding of migrant workers’ passports. Over 200 local and Bangladeshi migrant workers were reportedly affected by these violations of national labour laws, international labour standards, and human rights.

Major brands, including Sony, Panasonic and Daikin, which sourced from the company, are urged to provide remediation for the affected workers. Simply withdrawing operations without compensation risks worsening the workers' plight, leaving them without wages or prospects for a better future.

Gopal Krishnam, secretary of IndustriALL Malaysia Council, says :

“This is as a serious violation of workers' rights and human rights. A systemic approach from the government is urgently needed. Although reformed, Malaysia’s labour law still contain weaknesses. There is a lack of law sanctions on employers' interference in organizing, lack of access to the workplace when employers campaign against unions, and no protection for migrant workers who are often threatened with retaliation if they vote for unions.”

Alexander Ivanou, IndustriALL sector director says:

”IndustriALL calls on Kawaguchi Manufacturing to respect international labour standards and on brands like Panasonic, Sony and Daikin to ensure their supply chains are free from exploitation. There must be full and immediate remediation for the affected workers, including payment of all due wages and compensation for the moral harm caused by exploitation. Brands sourcing from Kawaguchi must take responsibility for supply chain practices and contribute to worker compensation if the employer defaults.
 
“Following on the reports of abuse and forced labour in factories manufacturing for Dyson in 2022, the Malaysian government is called upon to ensure compliance with labour standards, establishing worker-driven remediation mechanisms that allow grievances to be reported and addressed without fear of retaliation. IndustriALL is urging the government to create a fast-response body to support victimized workers and implement robust policies to combat forced labour and exploitation in Malaysia."

Photo credit: andyjhall.org

Moroccan unions protest against draft strike law

Unions oppose the lack of dialogue and restrictive measures. The proposed law narrows strike definitions to labour-specific demands, excluding protests over living costs or government policies. It penalizes unions for non-compliance, involves the judiciary in labour disputes, and mandates forced labour by requiring workers to work during strikes – measures the unions strongly reject.

In December last year, Morocco's House of Representatives approved a revised strike law with 124 votes in favoor and 41 against. The government advanced a revised strike law to the House of Representatives, where it was debated and approved in late 2024 before moving to the House of Councilors. Unions now hope to leverage councilors and protest to prompt another debate before finalization.

On 6 January, heated debates erupted in the House of Councilors’ committee as unions rejected discussing the strike law draft and demanded renewed negotiations, but talks ended in a stalemate.

The CDT urged workers to join the protests against the government's attack on labour rights, particularly the right to strike. Marches in Souss Massa, Laayoune and Dakhla were blocked by security forces.

Unions vow to continue protests

The CDT protested the exclusionary approach to the draft strike law, accusing the government of rushing it to parliament without consensus. In a January meeting with the minister of economic inclusion, the union rejected the draft as unconstitutional and contrary to international conventions. They demanded comprehensive amendments, tripartite negotiations, and protections for the right to strike. The delegation also called for resuming the September 2024 social dialogue round as per the government’s agreement.

“Striking is a last resort but sometimes the only tool workers have to protect themselves. IndustriALL will never silently watch that fundamental right being attacked. We stand in solidarity with the workers in Morocco. It is their right to strike and demand better lives for themselves and their families and this obviously includes the right to strike against dramatic increases in the cost of living or government policies that have a direct impact on workers,”

says Atle Høie, IndustriALL general secretary.

The case for social protection

Highly globalized with millions of employees worldwide, the textile and garment sectors are a large source of precarious employment in the developing world. The sector is composed predominantly of low paid workers who are mostly young women and internal migrants working on short-term contracts.

A change is needed, including an urgent need for social protection for garment workers. The current model, where severance is the only form of social protection, led to wage theft during the pandemic.

By social protection, we mean protective measures that are part of a worker’s basic rights and that underpin a robust and more equitable workplace.

Among others, those measures include:

In 2022, Bangladesh’ ministry of labour and employment launched a pilot for an employment injury scheme in collaboration with the International Labour Organization, covering the country’s four million ready-made garment workers. It is a social protection scheme which includes compensation for medical treatment and rehabilitation services, as well as income loss caused by occupational injuries and disease.

Says Christina Hajagos-Clausen, IndustriALL textile and garment director:

“Unions, governments and brands all have a key role in ensuring social protection. From securing fair wages and safe working conditions to building long-term sustainability, collective action is the key to progress.”


 

Fighting for migrant workers' rights amidst an industrial boom

Mauritius has seen quite an industrial revolution in the textile sector, a field that "has spearheaded the structural transformation of the Mauritian economy," according to Shayn Ishwaren, a representative from the CTSP-SINNASSAMY. The industry is a major economic engine, generating substantial foreign direct investment, creating numerous jobs, and positioning Mauritius as a key exporter to major markets including the U.S., Europe, and South Africa.

However, beneath this shiny exterior lies a stark reality faced by migrant workers, who often suffer from discriminatory practices and unequal treatment.

"We've seen that more and more workers are suffering from discriminatory laws,"

Ishwaren explains, highlighting the plight of these workers, particularly women, in the textile sector.

The demographic shifts in Mauritius have exacerbated the situation. As the local youth migrate overseas in pursuit of better opportunities, the resulting labour void is filled by migrants who, while crucial, are often left vulnerable under national policies.

"This has created a lack of labour in Mauritius, and to fill in that void, the Mauritian government is encouraging the influx of migrant workers,"

Ishwaren notes, outlining the demographic crisis fuelling this dependency on migrant labour.

Addressing these challenges, the CTSP has managed to bring hope to a problem that seems insurmountable. They have implemented innovative strategies to support these workers, starting with free union membership for all contractual, migrant, and precarious workers.

"What happens is that we built a solid solidarity chain that is implemented by local workers when they contribute to our union,"

Ishwaren says, emphasizing the collective effort to uplift every worker.

Language barriers and legal complexities further complicate the lives of migrant workers. The CTSP combats this by ensuring that migrants have access to vital information and support. "One thing that I do when I welcome one migrant worker is always end by telling him or her to go back to their dormitory, to go back to the factory and spread the word," Ishwaren shares, illustrating the grassroots approach the union takes to educate and empower.

In recent years, the CTSP has also achieved significant legislative victories that protect migrant workers’ rights.

"We had a simple word in legislation that has created big obstacles for migrant workers. We've lobbied to change legislation to add employer-employee relationship. And this made the huge difference,"

Ishwaren proudly states, referencing the transformative impact of their advocacy.

Moreover, the union's proactive stance against the unfair deportation of workers and their efforts to establish the Migrant Resource Centre (MRC) with the support of ASOS, Antislavery international and IndustriALL Global Union, underscore their comprehensive support system. The MRC serves as a safe haven where migrants can seek help and information, free from the threats of violence and discrimination.

Shayn Ishwaren at a demo in Mauritius to stop the genocide in Palestine. Credit: CTSP

The efforts of the CTSP in Mauritius highlight a powerful narrative of resilience and solidarity in the face of systemic challenges. Through persistent advocacy, legislative victories, and grassroots mobilization, the union is not only protecting but also empowering migrant workers who help sustain one of the country’s key economic sectors. As Mauritius continues to evolve, the role of the CTSP remains crucial in ensuring that the rights and dignity of every worker are upheld, paving the way for a more inclusive and equitable environment.

15 coal miners killed in Pakistan

On 9 January, 12 miners were buried under tonnes of debris when a methane gas explosion caused a collapse at a coal mine in the Sanjdi area of Balochistan. Rescue efforts took four days to retrieve workers' bodies. According to regional news reports, the mines and minerals department is taking legal action against the mine owner for not ensuring adequate workplace safety measures.

On 11 January, a mudslide in Duki coalfield claimed one mine worker’s life. 

A coal mine collapsed in Balochistan’s Harnai district on 12 January, killing two miners and trapping six others, who were later rescued. 
 
Every year, Pakistan's mines claim workers’ lives due to poor gas and flood warnings, inadequate lighting, lack of training, first-aid centres and doctors close to mines, as well as a lack of supervision, worsened by weak implementation of safety laws by government authorities. In addition, occupational diseases such as silicosis, lung fibrosis, lung cancer, asbestosis, and mesothelioma remain largely ignored, often leading to fatalities or permanent disability.

These are not stand-alone incidents but a recurring phenomenon in Balochistan’s coal-rich areas. According to IndustriALL affiliates in Pakistan, at least 190 coal miners were killed in 2024 in workplace incidents. The exact figures are probably to be higher due to under-reporting. 

Mining unions, including IndustriALL affiliates and the Pakistan United Workers Federation, have repeatedly urged the government of Pakistan to enforce safety protocols and improve access to healthcare for miners. 

Kemal Özkan, IndustriALL assistant general secretary, says:

“IndustriALL strongly condemns the tragic loss of coal miners’ lives, a direct result of the persistent lack of proper safety measures. Structural reforms, enhanced safety protocols and accountability at all levels are urgently needed. Without immediate action, miners will continue to die in preventable accidents, leaving countless families devastated. We call on the government of Pakistan to urgently ratify ILO Convention 176, a critical step toward ensuring safe and secure working conditions for coal miners.”

Photo: Shutterstock