Turkish Parliament debates union legislation without genuine rights

UPDATE:

Turkish unions, including IndustriALL Global Union’s affiliates, marched and demonstrated in front of the Turkish Parliament on 9 October in the capital Ankara protesting against the draft union legislation and demanding legislation with genuine rights and freedoms. However, thousands of demonstrators coming from different cities of Turkey representing unions from Turk-Is and DISK national centers were not allowed to approach to the Parliament when police forces blocked all surrounding roads. When demonstrators insisted to continue on their march, security forces mercilessly used teargas and pressurized water for dispersing the crowd. Many people, including one member of parliament who joined the group, were hospitalized because of the heavy effect of teargas. After more than an hour battle, union leaders made a press statement in front of the police barricade protesting the violence and intimidation against demonstrators.
 

With clear and constant trade union rights violations, Turkey as often the target of IndustriALL Global Union action. One of the major factors is anti-labour and union legislation which is clearly in violations of fundamental conventions of the International Labour Organization (ILO).

Discussions on modifications of union legislation had begun last year, and the global union movement, including founders of IndustriALL, sent a joint letter to the Turkish Prime Minister Recep Tayyip Erdogan urging him to make the necessary changes so the new draft bill would comply with international standards. In addition to this, the ILO issued a memorandum which found a series of points among the proposed amendments that clearly are in violation of fundamental conventions on freedom of association and collective bargaining.

Along with regular violations on freedom of association cases, this year, for more than ten months, Turkish trade unions cannot exercise their rights of collective bargaining, and IndustriALL Global Union filed a complaint against Turkish government at the ILO.

After it started its official sessions at the beginning of October, the Turkish Parliament started to discuss new union legislation, but IndustriALL Global Union believes it is very far from complying with international labour standards.

In a letter to the Turkish Prime Minister Recep Tayyip Erdogan, IndustriALL General Secretary Jyrki Raina said: “The Collective Labour Relations’ Act in the Parliament does not cover free exercise of fundamental trade union rights, the right to organize, the right to collective bargaining and the right to strike with its provisions breaching ILO standards as well as EU norms. We strongly urge you to make necessary revisions in the draft bill within a dialogue with the whole union movement in Turkey.”

Turkish unions, including IndustriALL Global Union’s affiliates, march and demonstrate in front of the Turkish Parliament on 9 October in the capital Ankara protesting against the draft union legislation and demanding a legislation with genuine rights and freedoms.

Outrage as IndustriALL ExCo member sacked in Zimbabwe

The dismissal of President Chitambo, who is also a member of the IndustriALL Executive Committee, took place without a fair hearing and follows from the sacking of 135 workers by Zimbabwe Electricity Supply Company (ZESA) in July 2012, the subject of an on going LabourStart campaign (http://www.labourstartcampaigns.net/show_campaign.cgi?c=1540).

IndustriALL reacted to this treatment of its Executive Committee member with coordinated visits to Zimbabwean embassies in Johannesburg and Geneva on 10 October. IndustriALL leadership visited the Zimbabwean Mission to the United Nations in Geneva, 10 October, to demand a meeting with Ambassador Manzou there. Numerous requests for a meeting had been ignored by the Ambassador, and he again refused to meet. See the video of General Secretary Raina insisting that the Ambassador listen to his demands for justice for ZEWU and Angeline Chitambo.

Simultaneous to the Geneva visit, a meeting took place at the Zimbabwe Embassy in Johannesburg between Mrs Florance Makombe in charge of Trade and Investment at the Embassy and IndustriALL’s regional office leadership together with affiliates NUM and NUMSA. The trade union delegation demanded that the Zimbabwe government intervene and ensure that ZESA implement the arbitration award and reinstate the dismissed workers or at least award them a fair hearing.

ZEWU has served a notice of appeal to the Zimbabwe Electricity Supply Company (ZESA) on the basis that the disciplinary hearing was improperly constituted as notice was issued only 4 hours prior to the hearing and not 3 working days as required by law. Chitambo was dismissed after a hearing that took place in her absence and in the absence of her legal and union representatives. 
 

ZESA management alleges that Chitambo disclosed confidential information at a press conference damaging the image of the company. Assistant General Secretary of ZEWU, Mbonisi Sibanda maintains that whilst Chitambo was present at the press conference, it was other full time union leaders that spoke to journalists. 

The press conference was held because ZESA refused to implement an arbitration award increasing wages saying that the company was in a precarious financial position. ZEWU had every right to publicly speak on ZESA’s financial position, given that workers have to bear the burden of this.  

Whilst the charges brought against Chitambo are baseless, given her silence at the press conference, their absurdity is a clear indication of victimisation. One such charge is the allegation that Chitambo threatened to switch off the nation’s power, which ZESA says would have resulted in negative economic repercussions. Clearly the alleged threat had no negative consequence, making its inclusion as a charge against Chitambo highly questionable.

ZEWU is following the correct protocol by taking up Chitambo’s dismissal with ZESA first but is prepared to go to the labour court on this matter. “This kind of arrogance and disregard for the rule of law cannot be tolerated,” said Sibanda. “Our contention is that the President ought to be given an opportunity to be heard in a fair manner before a tribunal can come up with a verdict.”

IndustriALL affiliated energy industry unions in Southern Africa are conducting solidarity efforts through pressuring their utilities and Southern Africa Power Pool, to urge them to address this issue and other labour rights violations with ZESA.

Support the LabourStart ZEWU campaign here.

MAURITIUS ACTIONS

In Mauritius, IndustriALL Global Union affiliate the CMCTEU together with its affiliated Confederation the CTSP held a Mass Demonstration on Sunday 7 October. Workers and their families were invited to participate. Their slogan: “Together We Can !”.

In Mauritius Since the promulgation of two new labour legislations in February 2009 workers of the private sector have seen their acquired rights put at stake. 

With the new anti-worker laws, employers can hire and fire at will. And hire again on temporary contract, workers are fired without any compensation. On contract there is no local, sick, maternity or paternity leaves. The Minister of Labour has unilaterally decided to amend the law and render it possible for employers to negotiate directly with a group of workers with view of signing Collective Agreement.  The very existence of Trade Unions in the Private Sector in Mauritius is at risk. 

 

DEMOCRATIC REPUBLIC OF CONGO

In the Democratic Republic of Congo three IndustriALL Global Union affiliates mobilized on 6 October for the World Day for Decent Work to STOP Precarious Work.

The Fédération des Travailleurs du Textile, Habillement, Cuir et Plastic(FTTHC-PL), the Fédération des Travailleurs de l’Energie et Mines(FTEM) and the Fédération des Travailleurs de l’Energie, Pétrochimie(FTEP) came together to discuss how trade unions can come together to STOP precarious work in the DRC.

Recommendations on measures to avoid the spread of precarious work were prepared by the working group and will be sent to the government by the national center CDT

Again, workers are killed at shipbreaking yard in India

The six shipbreaking workers were killed and one worker was seriously injured at the world’s largest shipbreaking yard after a fire broke out on Friday 6 October. The incident occurred at about 11:30am at plot No. 82 when the workers were working in the pump room of an oil tanker. The injured worker is in a serious condition after being admitted to a hospital in Bhavnagar which is 50km away from the plot. All victims of this horrific accident are migrant workers from Uttar Pradesh.

The names and age of the workers who weree killed as follows:

The injured person is as follows:   

According to the records of the IndustriALL Global Union affiliate, Alang Sosiya Ship Recycling and General Workers' Association (ASSRGWA), since January 2009 more than 54 workers have died at work in the Alang shipbreaking yards. Most of the workers are migrants from poor areas of Uttar Pradesh, Bihar, Orissa, Chattisgarh, Jharkhand and Gujarat and work for meager wages in one of the most hazardous and toxic working conditions on earth. In most of the cases, fatal accidents occurred either by explosion or fire.

This time, the tragedy happened just a day before a rally against precarious work that ASSRGWA had scheduled on 7 October. As the union must concentrate on the funeral and meeting with the employer and the state authorities, the rally has been postponed.

The ASSRGWA is demanding a comprehensive inquiry into this industrial accident including constituting a Commission of Judicial Enquiry in to the cause and consequences of the industrial accident

The shipbreaking workers' union ASSRGWA, also called upon the Chief Minister of Gujarat to ensure prompt identification and punishment of people who are responsible for this accident and appropriate compensation and social security benefits for the families of the deceased.  

Since 1990s, many international conventions and guidelines have been introduced to improve the health and safety conditions and environment in the shipbreaking industry. International organizations, such as UNEP, ILO, IMO,  have been making efforts to improve the working condition and environment in the shipbreaking industry such as UNEP Basel Convention, ILO Safety and Health guidelines on shipbreaking for Asian countries and Turkey, and IMO Guideline on Ship Recycling. However, in India, Bangladesh and Pakistan, the implementation of those guidelines in the workplace have been ignored, and the shipbreaking workers are still not treated as human beings.

IndustriALL Global Union continues to support the efforts of the shipbreaking workers in Alang and their union in their struggle.

Nokia – Siemens Networks India workers’ strike continues

In the last week of February 2012 workers of telecom equipments manufacturing unit of Nokia Siemens Networks India, located at Oragadam Special Economic Zone (SEZ), formed a union Nokia-Siemens Networks India Workers’ Union (NSNIU) and affiliated it with Centre of Indian Trade Unions (CITU).

Since the formation of trade union in February 2012, vindictive and anti-union actions by the management forced about 250 regular workers, including about 60 women workers to resort to strike actions in March, April and now from 22 August 2012. The management has been ignoring advisories issued by labour department officials and continued to victimize union office bearers and intimidating union members.

Even though the union submitted a charter of demands in February 2012 and called for negotiation on a wage increase and other issues, the management has not engaged in the negotiation with good faith. In the meantime the management suspended 18 workers. Even after the advisory issued by the assistant commissioner of labour on 30 April to reinstate the workers after an inquiry, the management has not made any efforts to conduct an inquiry or to reinstate workers until now. While the negotiation on wage revision was in the process, the management has unilaterally announced a wage increase on 11 July. Workers were intimidated in many ways to accept the unilateral wage revisions. Workers were also continued to be coerced to dissolve the trade union or resign from union membership.

On 28 September 2012 a meeting was held with the Labour Minister of Tamil Nadu, Joint Labour Commissioner, Management and the President of the union and office bearers. The outcome of the meeting is that:

The management said that on 12 October 2012, the company CEO is coming from Finland, after that the issue will be discussed and finalized.

In this backdrop, over 250 workers have been on strike since 22 August 2012 demanding trade union rights including union recognition and right to collective bargaining, immediate reinstatement of 18 workers, negotiations in good faith on wage revisions and an end to vindictive and anti-union activities.

E Muthukumar, president of the Nokia-Siemens Networks India Workers’ Union said “management’s intransigent attitude and lack of respect for advisories issued by the government officials is harming the industrial peace” and called on the management to respect trade union rights and engage in negotiations to find an amicable solution.    

BANGLADESH ACTIONS

IndustriALL Gobal Union affiliate the United Federation of garments workers (UFGW) took action on the international day for decent work on 7 October. The UFGW organized a human chain and workers rallied in front of the national press Club in Dhaka. The rally was also organized in Citagang ,Narayongang and Gazipur, over 1000 workers joined the Rally.

FRANCE ACTIONS

In France, IndustriALL Global Union affiliate Fédération Générale des Mines et de la Métallurgie (FGMM) has distributed leaflets to all of their activists and local unions arounds the 7 October. The leaflets and posters have also been distributed in workplaces.

The national center, Confédération française démocratique du travail (CFDT) has also prepared a leaflet "Roll Back insecurity and preserve employment" which has also been distributed widely.

NETHERLANDS ACTIONS

On 7 October IndustriALL Global Union affiliate FNV Bongenoten has organized debate on flexible work. There will also be a demonstration of Dutch, Polish and Portuguese metalworkers at an energy plant in Eemshaven on 12 October  to push for the demand for equal wages for equal work. 

 

HUNGARY ACTIONS

IndustriALL Global Union affiliate the Hungarian Metalworkers Federation (VASAS) on 6 October will hold a joint youth flash mob with the National Confederation of Hungarian Trade Unions (MSZOSZ)

On 7 October In Esztergom a cross-border rally has been organized jointly by Slovak and Hungarian unions (SK: OS KOVO, ECHOS, IOZ; HU: VASAS, VDSZ, BDSZ)

On 8 October a letter to Dr György Matolcsy minister of National Economy will call the attention of the government to the importance of industrial policy and its impacts on employment and social issues. Leaflets will be distributed in companies all over Hungary informing the workers of the risks of precarious work.