Mexico remains under ILO’s spotlight

Labour rights in Mexico will again be under discussion in the next ILO Committee on the Application of Standards, during the June 2016 International Labour Conference.

IndustriALL affiliates and a coalition of allied unions in Mexico have compiled a list of cases for examination by the Committee of Experts on Applications and Recommendations Meeting in November 2015, documenting the systematic practice of employer protection contracts at all levels of the economy, as well as the brutal repression and criminalization of workers trying to organize their own unions.

The diversity of the cases gathered by the workers and unions to present to the ILO confirms the extent of the phenomenon, with examples of the struggles and resistance in the mining sector including in Cananea; in the automotive sector where the workers of Honda in Jalisco have been fighting for over four years for a union election; the publicly celebrated employer protection contract signed by BMW in 2014 in San Luis Potosi five years before the plant is built, the exploitation and intimidation of farm workers from San Quintin by the official charro unions, (CTM and CROC in this case); the institutional violence against workers in the auto parts industry in Ciudad Acuña-PKC, Monclova; the denial of PEMEX and the Labour Courts to allow the registered union UNTyPP to organize and negotiate on behalf of the white collar workers in the petrol industry, the intimidation of SANDAK/BATA workers from the Leather and Shoe industry, and the list goes on.

As the Mexican unions denounce in their Report to the ILO, the unions from the public sector in Mexico City are not better off in relation to protection contracts and harassment of democratic unions. Cases cited include in the education sector, technological institutes, Universities and civil servant unions.

Moreover as Conventions 150 and 155 related to the mining sector also fall under this current reporting cycle, a report addressing the intolerable number of incidents, the lack of fair compensation for workers and their families and the failure of the Government of Mexico to comply with the labour inspections and Health and Safety standards, has been submitted to the Committee of Experts.

Critical measures to address the problem of protection contracts and to deal with the corruption in the Labour Boards are outlined in the Comments presented by IndustriALL.

IndustriALL Global Union assistant general secretary Fernando Lopes said:

Despite the many promises and public declarations made by the Government officials after the last ILC, to “eradicate protection contracts”, IndustriALL demands the agreement of a roadmap with all social partners, including ILO technical support, to take concrete actions and measures to bring the Labour legislation in line with the ILO supervisory mechanisms.

IG Metall Coastal Region demands that Germany’s federal government ratify the Hong Kong Convention

IG Metall’s regional secretary for the German coast, Meinhard Geiken, handed over demands on a large placard to Parliamentary State Secretary Uwe Beckmeyer in Hamburg, flanked by shipyard workers.

Geiken said:

It is shameful that Germany still has not ratified the Hong Kong Convention for the safe and environmentally sound dismantling of ships. Shipbreaking represents not only an enormous threat to the health and safety of the workers concerned but also for the surrounding marine environment. Toxins like oil, asbestos and PCBs need appropriate control measures or protective equipment, not only for the health of employees but also the surrounding environment and ecosystems.

The Maritime Coordinator of the Federal Government, Uwe Beckmeyer, said: "I think that the contents of the Hong Kong Convention are of high importance. I am committed that the EU regulation on ship recycling is implemented promptly and in Germany."

Vietnam raises minimum wage 12.4%

At today’s exchange rate, the new monthly minimum wage will be VND 3.5 million (Vietnamese Dong) or US$ 155 in the most developed areas of Vietnam.

An inclusive tripartite consultation process, informed by research, through the National Wage Council already resulted in a 15 per cent increase from the beginning of 2015.

That 2015 increase meant the minimum wage has already increased 17-fold in 15 years.

Four different rates exist so that workers in the most developed areas currently earn a minimum monthly rate of VND 3.1 million, and workers in the least developed Region Four earning VND 2.15 million. These rates will now all go up by 12.4 per cent.

The Vietnam General Confederation of Labour (VGCL), to which all three IndustriALL affiliates are members, argues that overall the minimum wage still falls short of workers’ basic needs. The VGCL had initially proposed a rise of 16.8 per cent this time. At the first stage of consultations the Vietnam Chamber of Commerce and Industry (VCCI) insisted on the raise being no more than 10 per cent.

The plan will now move to central government for approval.

IndustriALL Global Union general secretary Jyrki Raina marked the positive development:

“Every working person has the right to a living wage, from the garment worker in Vietnam to the miner in Namibia. We believe in building union power and bargaining for better wages. Campaigning for increased minimum wages is a central mission of IndustriALL.

In our meeting earlier this year in Vietnam I praised the Vietnamese government for setting a good example to other countries in the region. Raised minimum wages means boosted purchasing power, economic growth and creation of new jobs.

Now it is time for the government to ratify ILO Conventions 87, 98 and 105 and properly enshrine worker protections in the law.

At today’s exchange rates here are some key minimum wage figures from South and South East Asia, in US Dollars:

Bangladesh68 (Garment sector)
Myanmar85 (108,000 Myanmar Kyats)
Cambodia128
Vietnam155 (as of 1 January 2016)
China314 (Shenzhen and Shanghai)

Hundreds of women trade unionists gather for world conference in Vienna

The inaugural event, hosted by Austrian trade union PRO-GE, takes place from 14 to 16 September in the capital.

Austria’s President, Dr. Heinz Fischer, will address the opening ceremony, together with the minister for health, Sabine Oberhauser, the minister for labour, Rudolf Hundstorfer and the secretary of state, Sonja Stessl.

IndustriALL Global Union, which represents 50 million workers in the metal, chemical, energy, mining, textile and related industries, is bringing together women trade unionists from across five continents to address some of the issues most affecting women in the workplace.

“Vienna has opened its arms to our trade union colleagues and we are delighted to welcome so many women to Austria for IndustriALL’s first World Women Conference. It promises to be a lively and informative conference from which we will emerge stronger and better equipped to improve the lives of women through the trade union movement,” said IndustriALL’s assistant general secretary Monika Kemperle.  

A key theme of the conference will be unions’ role in preventing violence against women, with a new campaign launched on the occasion. Gender-based violence and discrimination whether at work or not, limits women’s potential at work and is therefore a trade union issue.

Women panelists from countries as diverse as Australia, Colombia, Iraq, Myanmar, the Ukraine and South Africa, will be sharing their experiences and expertise in improving health and safety, increasing maternity protection, preventing HIV/AIDS, building membership, fighting precarious work, ending gender discrimination, and achieving a work/life balance, among other topics.

An Equality Charter advocating women’s rights will be proposed for adoption at the Conference. Trade unions, especially in male-dominated sectors, have not always been inclusive of women or taken their concerns seriously. 

Participants will also be examining IndustriALL’s own leadership structures with a motion to increase women’s representation from 30 to 40 per cent.

The event is due to be streamed live on www.industriall-union.org and can be followed on twitter at @IndustriALL_GU and #WWCVienna.

For more information, please contact Leonie Guguen, Communications Officer at IndustriALL Global Union. Email: [email protected]. Tel: +41 (0)79 137 54 36. www.industriall-union.org

Japanese union leaders reiterate government demand to ratify Hong Kong Convention

Satoshi Kudoh, President JBU and also Co-chairperson of IndustriALL Shipbuilding-Shipbreaking sector directly demanded to Akihiro Ohta, Minister of MILT to expedite the ratification of the Hong Kong Convention by the Japanese Government.  

The minister responded positively on the issue of ratification.

German retailer KiK must pay promised compensation to Pakistani factory fire victims

Two-hundred-and-fifty-four people burnt to death and 55 were seriously injured when a factory supplying budget-clothing brand, KiK, exploded into flames on 11 September 2012.  Desperate workers were trapped in the inferno behind locked exits and barred windows.

In the aftermath of the disaster, KiK, with 3,200 stores across Germany, Austria and Eastern Europe, signed a Memorandum of Understanding (MOU), legally committing the company to make an initial payment of US$ 1 million to the victims and their families for immediate relief.

As per the agreement, KiK paid $1 million to the interim fund. However, it has so far failed to fulfill its obligations under the MOU to engage in good faith negotiations to determine long-term compensation for victims.

Additionally, the MOU required KiK to pay a sum of US$ 250,000 for future labour standard enforcement; this has also yet to be paid.

Since it signed the MOU on 21 December 2012, the company has engaged in various stalling tactics to avoid paying long-term compensation for loss of income, medical costs, pain and suffering, and more.

Rifit Bibi’s husband, Muhammad Asghar Khan, burnt to death at the Ali Enterprises fire leaving her a widow with four young children to support.

“I get a tiny amount of PKR. 5000 (US$ 47) a month as a pension, which is not enough to buy food for my children. Life is miserable since my husband died,” she said.

Shahida Parveen, a 37-year-old mother of three, lost her husband Muhammad Akmal in the disaster. Her three sons, aged 11 and under, are afraid of a future working in a factory in case they die in a fire: “They want to work in offices, for which they need a good education.  But I don’t have enough money to afford their education,” said Parveen.

Jyrki Raina, general secretary of IndustriALL Global Union, said:

We are sick and tired of KiK’s broken promises and attempts to block negotiations for compensation. It is an insult that three years on, the survivors and families of the dead are still waiting for KiK to act. KiK must get into line and pay what’s due to the victims of the worst industrial accident in Pakistan’s history.

KiK has a track record of sourcing from some of the most dangerous factories in the world. It is the only company that is linked to the three most deadly disasters to hit the garment industry in recent times – the Ali Enterprises factory fire in Pakistan; the Tazreen factory fire in Bangladesh (2012); and the Rana Plaza factory building collapse, also in Bangladesh (2013). 

A total of 1,500 garment workers are dead as a result of these tragedies.

UNI Global Union General Secretary Philip Jennings said, “KIK is the only retailer involved in all three recent major factory disasters – Ali Enterprises in Pakistan and the Tazreen fire and Rana Plaza building collapse in Bangladesh. Why is KIK refusing to pay compensation to the victims of Ali Enterprises and their families – does KIK really believe that the lives of these workers are worth less than those in Germany? We cannot build a sustainable supply chain in the garment industry if companies like KIK do not commit. KIK it is never too late to do the right thing.”

Ineke Zeldenrust from the Clean Clothes Campaign said:

“KIK signed an agreement more than two years ago to negotiate in good faith so that all the victims would receive full and fair compensation according to internationally agreed standards. They are now failing to live up to their promise to the families of the 254 people who died horribly producing KIK jeans, after they also failed to live up to their promise to their consumers produce under safe conditions. Now is the time for us to act, and make KiK pay.”

Ends

For more information, please contact Leonie Guguen, Communications Officer at IndustriALL Global Union. Email: [email protected]. Tel: +41 (0)79 137 54 36. www.industriall-union.org

Chinese oil company attacks workers in Kyrgyzstan

On 29 August 2015 in an attempt to destroy the local branch of IndustriALL affiliate, the Mining and Metallurgy Trade Union of Kyrgyzstan (MMTUK), management at Zhongda dismissed union leader Zhanaydar Ahmetov without giving any reason. Management also instructed local security to block the leader from entering the enterprise.

At the end of August the management challenged the registration of the local branch issued by the Ministry of Justice, and took the case to court claiming that the registration was illegal. For more than eight months the company has refused to recognize MMTUK’s local organization.

According to the workers, the company also started calling relatives of union members who live in a small community where Zhongda is the main employer, suggesting they leave the union and threatening with potential dismissals. Under pressure, ten workers have already left the union. The union organizes about 350 of the 450 Kyrgyz workers in the refinery. The non-unionized Kyrgyz and 550 Chinese workers mostly hold management positions in the company.

IndustriALL addressed to the general director of the company and demanded that the violations stop and that dismissed union leader Zhanaydar Ahmetov is reinstated.

In solidarity with the union leader and Zhongda union members IndustriALL is launching an online campaign together with affiliate MMTUK and LabourStart. To support Zhongda workers struggle for their genuine fundamental rights follow the link below 

http://www.labourstart.org/go/kyrgyzstan

The union was created at the Chinese petrol company Zhongda because the company violated labour rights – management did not conclude employment contracts, excessively used temporary contracts without any legal ground, refused to pay extra charges and benefits, provide personal protective equipment, etc. 

Shortly after the union was created and duly registered with the authorities in December 2014, the union members' applications to deduct and transfer their membership fees were given to the company, as well as a letter calling for the start of collective bargaining. However, three months later, check off system has never been implemented despite promises by management and there has been no collective bargaining despite the union's demands.

In March 2015, an alternative union under management's control was established in the fire department of the refinery. Workers report that the management puts pressure on them to join the alternative union.

At the end of March, IndustriALL sent a letter to the general director of Zhongda and urged management to stop violating trade union rights and abide by national and international labour laws, including International Labour Organization (ILO) Conventions No. 87 and No. 98.

At the same time, IndustriALL also sent a letter to the Prime Minister of Kyrgyzstan expressing hope that the refinery would comply with the ILO Conventions ratified by the country and the legislation of Kyrgyzstan.

As a result of this campaign, the Ministry of Economy and the Government of Kyrgyzstan met in early April to discuss the activity of the Chinese refinery and its violations of workers' rights, including the right to organize, payment of wages, and health and safety.

IndustriALL in the CIS region – unified front against attacks on workers' rights

On 3 – 4 September, a sub-regional meeting of the CIS unions was held in Chisinau, Moldova. Leaders of 21 IndustriALL affiliates from five countries of the region discussed the developments since the last regional conference in May 2014, and identified priorities for further actions.   

Mikhail Khynku, vice-chair of the National Trade Union Confederation of Moldova, opened the meeting and told the participants about the confederation structure, its action towards creating labour tribunals and its work on the draft law on informal economy. Ion Pyrgaru, chairman of the Federation of Trade Unions of Communications Workers of Moldova, welcomed all participants to Moldova. 

IndustriALL Global Union general secretary Jyrki Raina reminded the participants about the five strategic goals of IndustriALL, including organizing, creation of union networks, protection of union rights, struggle against precarious work, and sustainable industrial policy. He also spoke about the preparation of IndustriALL’s second congress that will take place in Rio-de-Janeiro, Brazil in October 2016.

Kemal Özkan, assistant general secretary, noted the importance of organizing and mentioned that 40 percent of workers around the globe work in the informal economy. Among 60 percent of workers that are employed in the formal economy, and only 11.5 per cent are unionized. In total out of 2.9 billion workers around the world, only 7 per cent are unionized, and this is not sufficient for effectively challenging the system which creates problems for the working people.

Union capacity building and creation of strong unions at the national level are important measures,

said Kemal Özkan.

Vadim Borisov, IndustriALL regional representative, emphasized that Kyrgyzstan and Georgia are the priority countries for organizing. He also presented the events held in the region from May 2014 till August 2015 and spoke about the actions planned until the end of the year, including a global flash mob planned for 7 October on the World Day for Decent Work.

Leaders of the CIS unions noted that workers’ rights are under attack across the region.

IndustriALL affiliates from Belarus spoke about the vicious system of short-term employment contracts affecting the majority of workers, about the recent legal reduction of notification term on dismissal from one month to one week, about Decree №5 which allows to deprive workers of a bonus for a year in contrast with one month, as it used to be.

Union leaders emphasized that it is important for the Belorussian unions to get the recognition of the trade union rights and of the freedom of association. For several years, unions in Belarus were deprived of the opportunity to carry out actions on 7 October as the World Day for Decent Work, since the state authorities never approved their requests. In these circumstances, union organizing as it works in other countries in the region, is not possible in Belarus. 

Eldar Tadzhibaev, chairman of the Mining and Metallurgy Trade Union of Kyrgyzstan, spoke about the numerous attempts of the government since 2012 to reform the labor legislation at the expense of the workers’ rights. Within the last three years, there were attempts to introduce the provision in the Labour Code that entitles the employer to sign employment contracts with workers specifying any ground for dismissal, to impose criminal liability of workers for stopping an enterprise operations, to cancel extra payments for the overtime and night work. Thanks to the campaigns and the international solidarity these attempts to amend the Labour Code were stopped.

Eldar Tadzhibaev also presented the reforms in his union leading to the centralization and strengthening of the central committee. For instance, now if a representative of the central committee is present at the meeting of the local union, he also presides, however, he can authorize the local union chairman to conduct the meeting. The requirements to the candidate for the union chairman position have also changed: he has to be not older than 65 years, have experience as a leader of the same union for at least 5 years and can not be elected for more than two consecutive terms. Finances were also centralized: now 100 per cent of membership fees are paid to the central committee and 60 percent return to the local union. The newly created local unions pay 100 per cent of the membership fees to the central committee and then get certain amounts for particular actions.

Alexey Etmanov, chairman of ITUWA, told the participants about the reform in his union on the creation of regional local unions instead of the local unions at the enterprises. There are four regional unions at the moment, including the ones in the Leningrad region and in the Kaluga region of Russia. 80 per cent of the membership fees remain in the region and are being used at different enterprises depending on the decision of the union committee. 20 per cent of the membership fees are transferred to the central committee. Thanks to this reform the union now has more opportunities. The union activists and coordinators act outside the enterprises that deprives the employer of the chance to put pressure and manipulate. Moreover, if a worker changes his job and moves from one automotive plant to another within the region, he keeps his union membership. 

Alexey Etmanov also mentioned that the employers in Russia have changed the attitude towards the unions as a result of the decrease in the automobile production. Employers now consider a trade union as an ally through whom it is possible to raise their suggestions on a number of measures which can mitigate the crisis effects in automotive industry.

The chairman of the Russian Independent Coal Employees' Union Ivan Mokhnachuk spoke about the coal mining industry of Russia and his union activities and achievements in occupational safety issues. Alexey Bezymyannykh, Chairman of the Miners' & Metallurgical Workers' Union of Russia, noted that union mergers to create union federations will make the unions stronger.

The affiliates from Ukraine told about the difficult social and economic situation in the country. According to Vasily Dudnik, chairman of the Automobile and Agricultural Machinery Workers Union of Ukraine, the GDP of Ukraine decreased by 16 per cent in the first six months of 2015, and the industrial production was reduced by 22 per cent. Wage arrears have sharply increased, and the real salary decreased by three times since the beginning of 2014 because of devaluation of national currency. There is a freezing of wages, social payments and pensions, and a simultaneous increase in utility bills.

Mikhail Volynets, chairman of the Independent Trade Union of Coal Miners of Ukraine, emphasized that there is no social dialogue in Ukraine at the moment. He also told the participants that in July the parliament approved a draft law on the state registration of noncommercial organizations, which changes the procedure of trade unions registration. Instead of notification on the trade union creation, the union registration now needs to be approved by the authorities. This draft law not only contradicts the Constitution of Ukraine, which mentions that the trade unions are created without preliminary consent, but also to the international legal acts ratified by Ukraine, including the ILO Convention No. 87 "Freedom of Association and Protection of the Right to Organise". Adoption of this draft law could lead to a situation where many trade unions won't be registered at all.

Sergey Komyshev, chairman of the Metallurgical and Mining Industry Workers Union of Ukraine (PMGU), said that the front line in Donetsk and Lugansk regions has separated the regional unions into two parts. Half of the 120,000 union members of the PMGU Donetsk regional union and the entire amount of the 30,000 members of the PMGU Lugansk regional union are working in the territory not controlled by Kiev. Nevertheless all these workers keep their membership in PMGU. The enterprises working at the uncontrollable territory continue to pay income tax and social contributions to Kiev, however the workers get neither pensions, nor social benefits from the state, including those in the case of a fatality. The union has independently investigated the fatalities, and the state promised that when the military operations are over, the families of workers who were killed at the work place would receive the payments due to them.

Summing up the meeting results, Kemal Özkan noted that the trade union rights, such as the freedom of association, the right to bargain collectively, and the right to strike are under threat around the world. He expressed concerns about Kazakhstan, Uzbekistan and Azerbaijan where the activity of affiliates at the international level decreases.

IndustriALL has 50 affiliates in the CIS region. It is important to act together and to exchange information between the affiliates and to continue hold conferences to form a common opinion.

Organizing is key to building union power and it has to be the priority activity of trade unions. IndustriALL will continue to do its best to improve workers’ life!

Millions of workers strike in India

The decision to call for a nation-wide strike was taken at a National Convention of Workers called by the national trade union centres in May.

Rallies were held all over India, seeing millions of workers on the streets after trade union talks with the government broke down.

The trade unions had presented a charter of 12 demands, including a strong stance against the anti-worker proposed amendments to labour laws, a new minimum wage, the end to contract labour in permanent perennial work and payment of same wage and benefits for contract workers as regular workers for similar work, strict enforcement of all basic labour laws, universal social security cover for all workers, compulsory registration of trade unions within a period of 45 days from the date of submitting applications, as well as immediate ratification of ILO Convention 87 and 98.

Assistant general secretary of IndustriALL Global Union, Fernando Lopes, participated in a mass meeting of workers at Faridabad in support of the strike. He also attended the meetings and mass rallies in Odisha and Jharkhand to express solidarity.

IndustriALL applauds the unified action and stands together with the workers of India. The strike will not only determine the future of Indian working class, but also will have a wide impact on the other part of the world

Solidarity messages were sent by several affiliates of IndustriALL including Pakistan and the United States. Benjamin Davis from the United Steelworkers, USA also participated in the mass meeting.  Sharan Burrow, General Secretary of ITUC expressed her solidarity, stating the ITUC and its affiliates all over the world will continue to support Indian workers in their every struggle to end the anti- labour reforms in India. 

Thousands of workers rally for new wage in Indonesia

Indonesia is experiencing a period of slower economic growth, with around 26,000 workers having already lost their jobs this year. With a large part of the Indonesian population already living just above the poverty line, unions are demanding that the central government guarantee the availability of jobs, as well as the basic rights of workers.
 
On 1 September, thousands of workers demonstrated in Jakarta and in 20 other provinces around the country. They called for a 22 per cent increase of the minimum wage for 2016 to increase purchasing power, as well as lower prices on essential goods, including fuel.
 
In addition, unions are demanding that contract workers are turned into permanent employees, particularly in state-owned enterprises, and a complete disbandment of the Industrial Court. Currently the Industrial Court is too time and money consuming to be a reliable option for industrial conflicts.
 
IndustriALL Global Union general secretary Jyrki Raina says that workers and trade unions play a crucial role in Indonesian industrial relations:

35,000 demonstrators in Jakarta show the enormous force and important voice of the labour movement. IndustriALL fully supports their struggle and ask the government of Indonesia to engage in negotiations.