Lexmark workers dismissed for demanding labour rights

On Tuesday 29 March, the Ciudad Juárez JCA is due to hold a hearing to decide whether unfairly dismissed Lexmark workers should be reinstated. Jyrki Raina, IndustriALL general secretary, wrote to the authorities and demanded that they show their commitment to internationally recognized labour rights, order the reinstatement of these workers and guarantee that their right to freedom of association will be respected.

Since November 2015, Foxconn, Eaton, ADC/Commscope and Lexmark have dismissed hundreds of workers for organizing protests to express their dissatisfaction with working conditions. The United States printing and software company Lexmark turned down a workers’ request for a 6 peso (US$0.35) a day pay rise. In response, workers tried to form a union and organized protests to demand their rights, a decent wage and better working conditions. As a consequence, the company dismissed 120 workers, provoking a strike, which continues to this day.

The workers say that the company has threatened, intimidated and tried to bribe workers to abandon their efforts to organize a union. They also say that the company has not paid them the 2015 Christmas bonus to which they are legally entitled and has made excessive deductions from wages because of absences from work. They also say they have been subjected to sexual harassment and exposed to toxic chemicals without appropriate protection.

IndustriALL and 32 unions responded by writing to the company's management. They expressed their indignation and concern for the situation of the Lexmark workers and demanded that the company respect workers’ rights, in accordance with the Federal Labour Law, the North American Agreement on Labour Cooperation, International Labour Organization conventions and the company's own corporate Vision and Values Policy, Code of Ethics and Human Rights Policy.

“We resolutely urge you to take immediate measures to ensure workers’ right to the freedom of association and to form an independent union, improve the intolerable working conditions in the plant and pay the workers what you promised them, including the Christmas bonus,” said the letter.

Fernando Lopes, IndustriALL Assistant General Secretary said: 

The living and working conditions of workers at the factory in Juárez are completely unacceptable. IndustriALL supports their legitimate demands and encourages them to remain united in their fight to ensure respect for their right to dignity and freedom of association.

Whirlpool signs framework agreement with workers in Europe

At a meeting in Rome on 18 March 2016, representatives of Whirlpool and Indesit workers in Europe reached an agreement with company management for the establishment of one European Works Council in the Europe region, Middle East, and Africa (EMEA). The agreement comes into force on July 1, 2016.
 
Management agreed to incorporate all amendments to the agreement submitted by the special negotiating body of the Whirlpool European Employee Committee (WEEC), promising a new era of industrial cooperation at the company.
 
US corporation Whirlpool acquired a 100 per cent of the stock control in the giant Italian home appliance company Indesit at the end of 2014, doubling its footprint in Europe, the Middle East and Africa. The company manufactures white goods, such as fridge freezers, washing machines and cookers.
 
The acquisition lead to a series of redundancies, especially in Italy, and Whirlpool and Indesit were subject to industrial action by unions. After the agreement on the industrial plan for Italy signed on July 24 2015 by the government, unions and Whirlpool, there was an improvement in relations with the company.
 
Kan Matsuzaki, IndustriALL director of ICT, Electrical and Electronics, Shipbuilding and Shipbreaking, said:

“It is a positive step that the company has signed the agreement, and adopted the amendments proposed by the WEEC. The period after the acquisition of Indesit was difficult, and included conflict over redundancies. I believe this agreement means the company recognizes the role of the unions, and will result in better communication.”

IndustriAll European coordinator of WEEC Gianni Alioti said:


“We are happy with the language of this agreement, which complies with relevant European Directives. It has a number of advantages compared with many other EWC agreements. The agreement provides for the full participation of workers' representatives, extending it also to Russia, South Africa, Turkey. This will promote integration between the different cultures of Whirlpool employees”

Handbook on safety and health for sandstone mine workers released

The publication comprehensively covers safety and health issues in sandstone mines with the objective to educate workers on safe methods of work and use social dialogue to improve their working conditions.

The handbook underlines that workers have the right to demand a safe workplace, while it is the responsibility of employers to ensure safe working conditions. It includes pictorial illustrations of the existing hazardous and unsafe conditions and provides details of how safe working conditions can be achieved through wearing protective equipment and adherence to standard procedures in mine operations.

The publication, which is available in Hindi and in English languages, narrates how children, who accompany their migrant parents to their workplaces, are affected by exposure to dust, susceptibility to injuries, exposure to noise and heat. It points out the lack of social security for migrant mine workers and how the consequent debt trap restricts them of the mobility, while also creating prohibitive conditions for the family and children to seek alternative skills and employment.

With the view to break the cycle of generations being lost in quarrying, the book highlights hazards of quarry life on children and provides information about national and international instruments, which can be used by workers to prevent child labour in sandstone mines.   

The handbook will be distributed among sandstone mine workers and local unions will use it to spread awareness and train workers on occupational safety and health issues in the Bundi region of Rajasthan, India.

Liquidation of Moroccan oil refinery 'a catastrophe’

Tragically, after hearing the devastating verdict announced on 21 March, Zakaria Atouby, a long-time trade union member of the CDT at SAMIR, succumbed to a heart attack and died.

“It is a catastrophe,” said Latifa Benwakrim from SNIPGN-CDT, IndustriALL’s Moroccan affiliate in the petrol and gas industry. “This will have wide ranging repercussions both economically and socially.”

SAMIR, which owes more than US$1.3 billion to the Moroccan tax authorities, has ten days to launch an appeal against the decision made by the commercial tribunal in Casablanca. The tribunal has authorized the continuation of the business for a period of three months. If another buyer is not found by 20 June, it will more than likely close.

The Moroccan government estimates that SAMIR’S total debt amounts to around US$4.5 billion. Production at the factory halted in August 2015 and workers’ wages have been paid up until now.

“We want the refinery to start production again as soon as possible and for the government to guarantee workers’ jobs,” said Benwakrim.

The SAMIR refinery is controlled by Corral Holdings, which has a 62.26 per cent stake in the company. Corral Holdings is owned by the second richest man in Saudi Arabia, billionaire Sheikh Mohamed Houssein El Amoudi.

SAMIR failed to raise a cash injection of US$1.4 billion last year and the court rejected a recent debt-restructuring proposal from the company, which came without guarantees.

“Corral Holdings has never put any money into this business. Everything has been financed on credit from the very beginning. El Amoudi proposed to bring US$1 billion of funds to restart the refinery, a promise that he didn’t keep. On the contrary, he wants to make the world his witness as he takes Morocco hostage,” said Benwakrim.

SAMIR's biggest creditor is the Moroccan state at US$1.4 billion. It also owes Moroccan banks around US$800 million, with the biggest single creditor being Banque Populaire.

“Corral Holdings has taken no risks and given no guarantees whatsoever, while it has profited from the company without ever injecting any money,” adds Benwakrim.

On 12 March, representatives from IndustriALL and its Moroccan affiliates joined more than 3,000 people in a SNIPGN–CDT led rally in Muhammadia city where the refinery is located. They called on the SAMIR to resume production and save jobs.

Speaking after the court announcement, IndustriALL assistant general secretary, Kemal Özkan, said:

“The privatization of a precious national asset has culminated in a disaster for everyone concerned, except the buyer itself. SAMIR now owes billions to Moroccan banks and the Moroccan government, while thousands of jobs are at stake. We urge the government to protect workers’ jobs and do everything in its power to get the refinery up and running again as soon as possible.”

Deep concern over Cambodian trade union law

The draft bill has come under steep criticism from unionists, the International Trade Union Confederation, as well as the International Labour Organization (ILO) for creating restrictions that could be used to strangle trade unions in the country.  

IndustriALL, which has ten garment worker unions in Cambodia, says its affiliates are alarmed over several clauses in the bill and want the law to include more workers.

Not only does the new law place severe restrictions on the right to strike, but unions awaiting registration would be unable to act. 

The new law would mean that if elected leaders act illegally, the entire union could be dissolved. It also places unreasonable demands on financial audits of the unions, which could easily be manipulated to harass and impoverish them.

Furthermore, the maximum sanctions against employers are so low as to be powerless (at US$1,250), while for trade unions they could be fatal. 

In a letter to the Prime Minister of Cambodia, Hun Sen, IndustriALL general secretary, Jyrki Raina, said:

“IndustriALL Global Union urges the Cambodian government to again consult meaningfully with trade unions and ensure that any proposed trade union law is consistent with ILO Conventions 87 and 98 prior to any vote on its adoption. Any law which does not fully respect these rights will just meet with domestic and international opposition and attention.”

IndustriALL held its Executive Committee meeting in the Cambodian capital Phnom Penh in December 2015 in solidarity with its garment union affiliates in the country.

IndustriALL warns Argentina not to weaken labour laws

During a visit to Buenos Aires on 16-17 March, IndustriALL Global Union’s general secretary Jyrki Raina met with the labour minister and industry secretary of the new government, visited national unions and discussed with the national council of IndustriALL affiliates in Argentina.

With the entire continent in recession, Argentina’s growth has been slowed by Brazil’s contracting economy. Argentina is highly dependent on trade with Brazil, which has dropped since 2014.

Decreasing exports have already led to job losses in the industry, and unions fear that many more are yet to come. There are signs that the new government may not want to maintain the mechanisms protecting workers from dismissals.

In a meeting with Argentina’s labour minister Jorge Triaca, Jyrki Raina warned the government not to weaken labour laws and social protection, currently among the best in Latin America.

“They have contributed to balanced industrial relations and social peace in the country,” Raina said.

Triaca assured that the government will continue to handle matters in consultation with the unions and employers, the goal is to avoid dismissals and take care of workers.

In talks with industry secretary Martin Etchegoyen, Raina emphasized the importance of active policy measures to maintain and develop Argentina’s strong industrial base, which accounts for as much as 29 per cent of the country’s gross national product.

Etchegoyen said that the new government believed in the continued success of the country’s diversified industries, with strong presence in the automotive, steel, chemical and textile industries. The situation in Brazil complicates matters; infrastructure requires investments, but finances and lending remain a major problem.

Argentina has suffered from high inflation for many years, forecasted to be at least 30 per cent in 2016, complicating lending decisions. In addition, the new government removed currency restrictions in December, causing the peso to plummet by 35 per cent against the US dollar.

During his visit, Raina met with the IndustriALL national council to discuss the situation in Argentina and the preparations for IndustriALL’s congress in Rio de Janeiro in October. He addressed a workshop on trade union networks in multinational corporations with young union activists from Argentina, Brazil and Mexico, as well as attending an inauguration ceremony of the leadership of the autoworkers’ union SMATA, and talked to local union leaders from Bridgestone, Pirelli and other tire companies. 

Kazakhstan: ArcelorMittal debts lead to unpaid wages

ArcelorMittal Temirtau, the major mining and metallurgical company in Kazakhstan, has been underpaying its 24 contractors for three years, which has resulted in contractors delaying wages to their workers. The average wage of the ArcelorMittal Temirtau contractor worker is around 35-40 thousand tenge (US$100-115) per month.

Sixty per cent of the affected subcontract workers are members of the Temirtau City Union affiliated to IndustriALL Global Union through the Trade Union of Workers of Mining and Metallurgical Industry of the Republic of Kazakhstan.

ArcelorMittal Temirtau’s debt to its contractors has been discussed several times at meetings of the Sectoral Committee for Social Partnership and Labour Relations in the Steel and Mining Industry over the past year. Representatives of ArcelorMittal Temirtau participated in these meetings, but ignored the Committee’s decisions. Every month the company pays less than fifty per cent of its debts, so the total debt keeps on growing and reached 903.5 million tenge (US$ 2.61 million) by 15 February 2016.

The contractors are dependent on ArcelorMittal Temirtau and so do not pursue litigation, or apply to the public prosecutor's office, nor even a labour inspection, for fear of losing their contracts or being fined themselves as happened in July 2015.

As wage arrears lead to social tension, trade unions are demanding that ArcelorMittal Temirtau pay debts to its contractors immediately and consider increasing cost of their prices.

Asylbek Nuralin, Chairman of the Trade Union of Workers of Mining and Metallurgical Industry of the Republic of Kazakhstan, said:

“The social and labour relations based on social partnership, respect of human rights, mutually acceptable combination of workers’ and employers’ interests can provide a sustainable economic and social development of industry enterprises.”

On 16 March, the Trade Union of Workers of Mining and Metallurgical Industry of the Republic of Kazakhstan once again raised this issue at the meeting of the Republican Tripartite Committee for Social Partnership and Social and Labour Relations, and the regional authorities should consider the issue and report results to the Ministry of Healthcare and Social Development of the Republic of Kazakhstan by 18 April.

Moldova: IndustriALL final workshop of the training of trainers project

More than 20 union activists from IndustriALL’s four Moldavian affiliates participated in the workshop.

The specifics of this project was the homework that the participants had to do between workshops to ensure they move from the trainee level to the active trainers level. For the final workshop, all participants prepared presentations of the workshops and trainings they held on their own at their local unions or in their regions.

Jean-Yves Sabot, secretary of FO Metaux, France, who previously facilitated similar training projects for IndustriALL affiliates in Russia and Ukraine, noted the existence of the union leaders’ political will to create a steady system of trade union training in Moldova. He urged the trade unions’ leaders and Oleg Budza, the president of the National Confederation of Trade Unions of Moldova, who attended the workshop, to pay attention to the graduates of this training project for the trade unions to use their capacity and at the same time to give the graduates career prospects within trade unions.

At the end of the workshop, Ion Pirgaru, an IndustriALL coordinator and the chairman of the Federation of Trade Unions of Communications Workers of Moldova, congratulated the graduates and handed them the certificates of trade union trainers.

Vadim Borisov, regional representative of IndustriALL in the CIS, said IndustriALL would keep working with the trade union trainers in the region. He also noted the need to create a network of trade union trainers. 

Lives on hold

At the end of 2015, IndustriALL conducted a small study on the social impacts of precarious work in the Cavite Export Production Zone (EPZ) in the Philippines. 24 workers between 18 and 40, working at 17 different companies were interviewed, as well as union and community leaders. 16 workers were women and eight were men. Almost half of them were between 20 and 30 years old. Most of the workers were not from Cavite province.

Two third of the interviewees were working in garment industry and the rest in the electronics sector. All respondents were directly hired by the companies under short-term employment contracts; five had been agency-hired.

All of these workers were earning just enough to survive. They were paid the regional minimum wages; PHP 340(US$ 7) per day. Past studies have shown that this amount is far from being able to consider as a living wage.

Permanent workers have the same minimum wage, but receive benefits that precarious workers do not. Furthermore, during a company’s lean season, non-regular workers are the first to suffer. Workdays are reduced to three days a week or contracts are terminated. In addition, short-term contract workers will also have to pay every five months for documents required for employment.

Many of the workers interviewed reported that they send the larger portion of their wages to their families back home. What is left of their earnings barely cover their daily needs. Precarious workers and minimum wage earners take all the opportunities to earn extra with over-time work.

Precarious workers have to save on basic necessities. They usually live in very small, cramped boarding houses. Workers interviewed said that primarily they save on food. It is a common practice that workers will buy food, often already fried, that will keep and can be used for breakfast or lunch the following day. In general they only eat vegetables once a week. Some would hike from their home to work to save on transportation costs.

The young workers interviewed want to have a family of their own. But as it is already difficult enough to make ends meet being single they are delaying family projects. Female workers put off having more children. Women precarious workers from outside the Cavite region sometimes have to leave their children with their families in the province where they come from for long periods of time. If they get pregnant, they will sometimes have to quit as their contract will not be renewed.

For precarious workers from outside the region, it is impossible to save any money and borrowing on future earnings is a way of life. It is not uncommon for workers’ bankcards to be held someone they owe money to. Pawnshops, loan sharks, lending institutions are plentiful close to the EPZ.

Precarious workers often feel lonely and isolated. At their worksites, workers interviewed felt like second class citizen. They could not have paid sick leave or take holidays as regular workers have or do. In some cases they had to pay for their own uniform. They reported that they felt bullied by regular workers. They had to address regular co-workers as “Sir or Ma’am”.

Community leaders in the vicinity of the EPZ say the non-regular workers often consider themselves as outsiders. They would often think twice about leisure activities – they would rather stay in their residence or do over-time work.

With the support of an externally funded project against precarious work, IndustriALL affiliates in the Philippines are campaigning for a bill to limit precarious work.

Unions defeat zero-hour contracts in New Zealand

This ends one of the ugliest forms of workers’ exploitation. Under the guise of flexibility, zero hours contracts are used to control workers, as managers have complete discretion over who gets shifts.
 
The new law takes effect on 1 April 2016, and stipulates that employers must guarantee a minimum number of hours per week, and that workers can refuse extra hours without repercussions.
 
The victory is the culmination of more than a decade of struggle by unions in New Zealand. IndustriALL affiliates where part of the campaign lead by Unite Union, which organizes fast food, hospitality and retail workers, and other sectors characterized by precarious contracts, including call centre workers, security guards and cleaners.
 
Unite has fought for collective agreements since 2003, and has conducted high profile campaigns against McDonald’s, KFC and other major employers. In 2005, through the Supersize My Pay campaign, the union won its first collective agreements with fast food multinationals, in a campaign to boost the minimum wage, end youth rates and guarantee secure hours.
 
Mike Treen, Unite’s national director explains, “We were successful on the first two counts but every attempt to get secure hours was thwarted by the companies. We got promises to offer hours to existing staff before new staff were hired written into our agreements, but they were virtually unenforceable in such high turnover industries.”
 
The union launched a campaign against zero hour contracts, attracting international solidarity and widespread support from the public. In 2014 and 2015, Unite joined unions around the world for Fast Food Global, a day of action for fast food workers. The issue won more attention and sympathy when it was covered by the TV series Campbell Live Show, and even right-wing journalists started to publicly oppose zero hours.
 
In 2015, Unite won collective bargaining agreements with McDonald’s, KFC, Burger King and Pizza Hut, ending zero hour contracts and guaranteeing hours at these workplaces. The 2016 legislation extends this victory to all workers.
 
Treen said “This represents a fundamental shift in the employment relationship of the most vulnerable workers in the country.”

Parallel to the Unite campaign,  IndustriALL affiliate FIRST Union has been running a Secure Our Hours Campaign and lobbied hard for the changes in legislation.

"We have been locked in battle for nine months with the Australian DIY retail chain Bunnings, who are hell bent in trying to turn their fixed-hours workforce into flexi-hour workers," said FIRST Union general secretary Robert Reid.

"This new law will give us more ammunition for this and similar struggles," he said.

This is a significant victory against precarious work, as it comes from a sector that is notoriously difficult to organize. Zero hour contracts remain a serious problem in many countries.
 
According to The Guardian, between 800,000 and 1.5 million workers in the UK are employed on zero hour contracts. Similar contracts exist in many other countries.