Hialpesa workers celebrate reinstatement of union leaders

On 28 August, the union leaders dismissed by Hialpesa, one of Peru’s largest and most profitable textile and garment companies, were reinstated. IndustriALL affilaite, Federation of Textile Workers of Peru (FNTTP), held a rally at the company in support of the Hialpesa union.

The conflict began in 2019 when the textile company announced that it was laying off 190 workers for economic, technological, structural and other reasons. Ninety-five of the workers laid off were members of the Hialpesa union, and eight were union leaders.

Hialpesa filed its request for the collective layoffs with the Labour Ministry. The Ministry then had responsibility for assessing the request and deciding whether the dismissals would be authorized.

Over the four years that followed, the Hialpesa union and the FNTTP held marches, rallies and cookouts in front of the Labour Ministry in solidarity with the workers, demanding that the company respect the workers’ rights.

FNTTP’s organizing secretary, Gerardo Olortegui Sifuentes, said:

“The company initiated the collective layoffs in June 2019 to try and disband the union. More than 20 workers have been reinstated by court order this year and last year, with seven union leaders reinstated last week. This is a major achievement for the FNTTP, after our long battle to defend the workers' rights.
"However, the proceedings are still ongoing for more than 70 workers, so our battle is not over yet. We’ve held protests at the Supreme Court to get them to move forward with the proceedings. The judges are taking years to get through the whole process. We believe that if it takes too long, it’s not justice.”

The underlying problem is that abusive employment practices – particularly through outsourcing and temporary contracts – are widespread in Peru and allow companies not to fulfil their responsibilities towards workers. Under Legislative Decree No. 728, it is possible for companies to hire people on a temporary basis and, thanks to Legislative Decree No. 22342 on so-called “non-traditional exports”, employers can treat workers as if they were in a permanent trial period.

Earlier this year, IndustriALL informed the Committee on the Application of Standards of the International Labour Organization (ILO) that Peru’s laws do not comply with ILO conventions, which are binding under international law, and that there is a lack of enforcement of the country’s labour laws.

IndustriALL’s regional secretary Marino Vani said:

“We urge the Peruvian government, parliament and companies to bring their legislation and practices in line with international standards in order to strengthen collective bargaining, decent work and the right to freedom of association.
"We congratulate the FNTPP leadership for their efforts to stand up for and organize workers even though their union work is hindered by laws and government decrees. The struggle goes on!”

Ali Enterprises anniversary underlines dire need for safe workplaces

On 11 September 2012, more than 250 workers were killed and over 50 were injured in one of the world’s worst industrial fires at Ali Enterprises in Karachi, Pakistan.

It took years of intense campaigning by IndustriALL affiliate National Trade Union Federation (NTUF), Pakistan Institute of Labor Education and Research (PILER), IndustriALL, Clean Clothes Campaign, and other allies including UNI Global Union to secure proper compensation from German retailer KiK, Ali Enterprises’ only known buyer. An agreement was reached in September 2016, where KiK paid US$5.2 million as compensation to the victims of the fire.

And expanding the International Accord, that over the past ten years made jobs safer for millions of garment workers in Bangladesh, to Pakistan means that garment workers in the country will face a safer future in their workplaces.

With 72 signatories to date, the International Accord is establishing a comprehensive workplace health and safety program in Pakistan covering signatories' garment and textile suppliers. It is a legally binding agreement between global unions, IndustriALL and UNI Global Union, and garment brands and retailers for an interim term of three years starting in 2023.

Says IndustriALL global union general secretary Atle Høie:

“We join our affiliates in Pakistan in commemorating the victims of the tragic fire, and we reiterate our strong commitment to ensure safe workplaces for garment workers. With the Accord implementation in Pakistan, preventable deaths and accidents will rapidly decrease, workers will receive training on occupational health and safety, which will empower them and hopefully they will see the benefit of joining a trade union to fight collectively for their rights.”

Job losses wreck livelihoods in Ethiopia’s garment industry

IFTLGWU, affiliated to IndustriALL Global Union, said 11 workers were killed and factories bombed during the war in Tigray in the north. The Pretoria agreement that ended the war was signed in November 2022.

The Ethiopian government estimates that millions of jobs were lost when the US African Growth and Opportunity Act (AGOA) benefits were withdrawn over “failure to defend internationally recognised human rights” during the war. Further, garment brands that included H&M, PVH, and others stopped manufacturing and sourcing garments for the same reasons.

IndustriALL talked to seven workers who lost jobs at the Epic Group, Best International Garments, and Quadrant Apparel Group factories in Hawassa industrial park on 1 September.

“I came to work as usual but got the shock of my life when I received a termination letter at the end of the shift. I had been laid off. I have a family to look after but it is difficult when you have no money,”

said Weyneshet Wendimoget.

The workers said some retrenchments were unlawful as employers did not follow the procedures in the labour laws. The union says employers did this to avoid paying terminal benefits. However, the dismissals were challenged in court and workers won.

Even highly skilled workers like Desbele Birmay were not spared:

“After receiving design training through the EPIC Group in Viet Nam, I came back to Ethiopia and worked in the cut department before being retrenched. The war was a double tragedy for me because I am from Tigray and could not go home after losing my job because of the conflict. So, I remained in Hawassa surviving on piece jobs and handouts from friends. But you only get temporary jobs for less than 60 days because employers are not interested in giving you a permanent contract.”

Workers who remained at work faced job insecurity and poor wages as export orders declined forcing factories to cut production.

“With inflation high (28.8 per cent in July) it is difficult to make sense of how workers are surviving on the low wages. Living wages should be at least 10,000 Birr (US$181). But it is worse for the retrenched,”

said the workers who mentioned that machine operators were paid 2,200 – 2,800 Birr (US$40-51).

The Ethiopian government has approved plans to reduce income tax and will also introduce minimum wages and set up a wages board after unions threated to go on strike.

Angesom Gebre Yohannes, president of the IFTGLWTU said:

“The suspension of AGOA affected many factories at Adama, Bole Lemi, Hawassa, and Kombolcha industrial parks. In instances, factories that jointly worked on orders that were exported duty free to the US found themselves with now work to do. Hence, we would like the suspension to be lifted to bring back jobs, and investment.”

Said Atle Høie, IndustriALL general secretary:

“With dialogue and reconciliation taking place, we hope that the resumption of trade will restore and create decent jobs especially for women and the youth. We hope for a recovery of the trade union membership which was eroded by retrenchments and are in solidarity with the IFTGLWTU in its efforts to build the union.”

Kyrgyzstan's ongoing struggle for fundamental workers' rights

The Mining and Metallurgical Trade Union of Kyrgyzstan filed a case (3386) with the International Labour Organization (ILO) Committee on Freedom of Association in 2020, exposing the systematic violations of trade union rights in the country, particularly the violation on freedom of association and the harassment of trade union leaders.

Following the complaint, the Jogorku Kenesh (Parliament) of the Kyrgyz Republic passed a resolution in June 2022. The resolution established a commission to examine the implementation of the Kyrgyz Republic's "On Trade Unions" law.

In June this year, the Jogorku Kenesh adopted another resolution with a series of instructions. These directives included amending the "On Trade Unions" law, pursuing digitalization and personnel reforms within trade unions, and reshaping trade union structures. The Federation of Trade Unions of Kyrgyzstan was tasked with proposing changes to charters and reviewing agreements on the lease of union property.

Following these new developments, IndustriALL submitted an update on Case 3386 on Kyrgyzstan, in August with new information testifying to the continued pressure from authorities on trade unions in restricting freedom of association and the right to self-determination.

As fundamental workers’ rights continue to be challenged, this August, Kyrgyz authorities launched a lawsuit to close down independent online news outlet Kloop Media Public Foundation. The lawsuit alleges that Kloop Media failed to register as a mass media outlet and conducted media activities not listed in its charter. It also references a pretrial investigation into the foundation's activities initiated in November 2021, accusing them of violating Kyrgyzstan's criminal code.

This move, restricting freedom of expression in Kyrgyzstan has sparked global outrage. Human Rights Watch has condemned the action as part of a series of attacks on freedom of media and expression, incompatible with international human rights obligations, calling for the immediate withdrawal of the lawsuit.

“These actions raise concerns about the interference in the internal activities of trade unions. These measures potentially restrict trade unions' rights to develop their charters, organize internal structures, and independently pursue their action plan.
“The recent developments show the urgency of our collective action to ensure that Kyrgyzstan upholds its commitments to freedom of association, expression, and the fundamental rights of its citizens."

said IndsutriALL general secretary Atle Høie.

Youth and women leaders in Nepal and Bangladesh resolve to fight GBVH

Over the years, IndustriALL affiliates in South Asia have recognized the importance of developing women's and young people's leadership, a need also emphasized in IndustriALL's action plan. To that end, IndustriALL has been conducting workshops with women and youth union leaders around South Asia.

The focus of the workshops with young leaders, of whom about 50 per cent were women, was gender-based violence and harassment in workplace. In earlier meetings, young leaders had identified GBVH as one of their top priority areas to work on. As part of their action plan, young leaders have taken on the task to carry out risk assessment for GBVH in their respective factories, in close consultation with their leadership.

Young leaders in both countries discussed the need to discuss and review union statutes to include more young leaders.

Hasan Ali, a young leader from the Bangladesh Textile garments workers League (BTGWL), says:

“We resolve to take initiatives within our unions to build a more inclusive space that welcomes all genders, including members from the LGBQTIA+ community. We are also committed to working towards eradicating all forms of violence and harassment in the workplace, including in union spaces.”

Women trade unionists, in both countries, had in-depth discussion on gender roles, power relations, misogyny, sexism, gender discrimination and GBVH, as well as inclusion of women in leadership positions in trade unions. Women leaders shared experiences of violations of their rights, including violence they face.

Gita Bhandari, woman leader from the Whole Industry Trade Union in Nepal, says:

“Many of our unions do not have a gender policy and we must strive to build one in each of our unions. To advance workers’ rights, it’s essential that unions have more women in the decision-making body of trade unions, including leadership roles.”

Women leaders also resolved to campaign for the ratification of ILO Convention 190.

On 23–24 August, women union leaders from IndustriALL-affiliated unions in Bangladesh met in Dhaka, and on 25–26 August, youth union leaders met. A workshop with women unionists from IndustriALL’s affiliates in Nepal was conducted in Kathmandu on 27-28 August, while that with young leaders was organised on 29-30 August.

US Teamsters celebrate groundbreaking victory

The NLRB's decision on 25 August mandates building materials company Cemex to either voluntarily recognize the union or ask the Board to hold a Teamsters’ recognition election. If, before or during a union election, the employer commits an unfair labour practice, such as illegally dismissing employees who support a union, the Board will require the employer to recognise the union and enter into negotiations immediately.

The ruling that has far-reaching implications as it asserts that any employer must now engage in collective bargaining with a union if labour law violations committed during a representation election undermine its credibility.

Sean M. O’Brien, Teamsters general president, lauded the decision as a pivotal moment for workers across the nation:

“This landmark decision by the NLRB will be a catalyst for workers who are standing up and demanding their worth – not just at Cemex, but at every other employer in the country.”

The NLRB's decision establishes a new framework for addressing labour law violations that obstruct the conduct of fair representation elections. The ruling paves the way for the issuance of bargaining orders in situations where an employer's actions hinder the ability to hold a legitimate election.

Chris Griswold, Teamsters international vice president at-large and president of Teamsters Joint Council 42, underscored the significance of the decision by highlighting Cemex's conduct during workers' previous attempts to organize. He likened the company's actions to those in a "tin-pot dictatorship," citing the company's termination, intimidation, and harassment of union supporters.

"If any good came out of this company’s scorched-earth thuggery, it’s that now employers will think twice before they break the law to break the union."

Says IndustriALL materials director Alex Ivanou:

“Together with Teamsters brothers and sisters, we celebrate this important victory, which supports organizing efforts of all unions in the US, as it protects workers’ rights to join a union and bargain through their chosen representative.
"This should trigger wider organizing campaigns in the US, as the decision sends a strong signal that unfair labour practices won’t be tolerated”

Photo credit: Teamsters

Kazakhstan: oil workers finally achieve union registration

There has been continuous pressure from the state regarding union activities in the fuel and energy sector.

In 2020, local authorities illegally closed a branch of the trade union in the Kyzylorda region. In February 2021, a court in Shymkent suspended the activities of the Industrial Trade Union of Fuel and Energy Complex Workers, affiliated to the Confederation of Independent Trade Unions of Republic of Kazakhstan (KNPRK), for six months.

The registration procedure is complex and serves to prevent the creation of free and independent unions. The registration of the local branch of Industrial Trade Union of Fuel and Energy Complex Workers in the Atyrau region was denied six times, each time for a new reason.

The justice departments of Almaty and Atyrau often suspend the registration process without any explanations or make claims of irregularities in paperwork.

The Kazakh trade union movement has been under oppression during the last decade, which has been strongly condemned by the international trade union movement and the International Labour Organization (ILO).

In June this year, for the fifth time in six years, the ongoing violations of union rights in Kazakhstan were brought before the ILO Committee on the Application of Standards (CAS) during the International Labour Conference in Geneva.

The Kazakhstan government continues to avoid fulfilling its obligations under ILO Convention 87 on Freedom of Association and Protection of the Right to Organize. The anti-union actions weaken Kazakh unions, leaving many workers unprotected.

This registration is the first real step authorities have taken in fulfilling the demands of unions and the ILO. IndustriALL will host a workshop with affiliates in Kazakhstan to learn about the steps that they are taking to restore order to the country.

IndustriALL assistant general secretary, Kemal Özkan says:

“We applaud the union on this victory and their continuous battle to win back their rights. This is an important step for freedom of association in Kazakhstan. IndustriALL expects and demands further progress from Kazakh authorities. Our support and solidarity with the democratic union movement in the country will continue.”

Sri Lankan unions protest against government’s anti-worker decisions

With the high inflation rate and absence of real wage growth, Sri Lankan workers’ living conditions have become appalling, especially for those employed in export-oriented manufacturing sectors like ready-made garment. Given the circumstances, the government’s decision to restructure domestic debt using superannuation funds, like EPF and ETF, would create disastrous results for workers.

The actual value of people's savings has already diminished through inflation and the depreciation of the Sri Lankan rupee. Further reduction in the rate paid on pension funds would result in a 30 per cent decline in the value of money withdrawn ten years from now.

Anton Marcus, joint secretary of IndustriALL affiliate, Free Trade Zone and General Service Employees’ Federation, says:

“If implemented, this decision will adversely affect the lives of more than 2.5 million workers in Sri Lanka. We strongly urge the government to immediately call for a well-represented trade union forum to discuss the matter.”

To ensure ‘debt sustainability’, the major burden is borne by working people of Sri Lanka. About 61 per cent of the total domestic debt, including borrowings from domestic commercial banks, is excluded from the restructuring programme, and the debt relief from international sovereign bond holders is only 35 per cent.

IndustriALL Global Union has written to the International Monetary Fund to recognize the responsibility of creditors in the current financial crisis and suspend interest payments. The IMF must also cease imposing policies on the Sri Lankan government that undermine the country’s human rights obligations.

The Sri Lankan government has proposed labour law changes in stark contradiction to internationally recognised core labour standards as they would remove the 8-hour work day, allow for extended shifts up to 16-hour days without overtime; remove protection for unfair dismissal; dismantle provisions protecting the right to organize and effective collective bargaining; remove maternity protection and prohibitions against child labour.

In a letter to the Sri Lankan government, IndustriALL is urging for an immediate stop to the current labour law reform process and that the government ensures that all labour law reforms or amendments respect international labour standards. IndustriALL is also demanding that the four trade unions, including its affiliates, that were unlawfully removed from the National Labour Advisory Council in June 2023 are reinstated.

Atle Høie, IndustriALL general secretary, says:

“Workers have not, in any way, contributed to the external debt crisis and it is unfair that they are the ones who are now being asked to bear the burden of it. IMF and the Sri Lanka government must ensure that workers’ rights are not undermined and that the restructuring of debt is not carried out at the expense of workers.”

IndustriALL Global Union and industriAll European Trade Union wrote a joint letter to the European Union, urging it to use its leverage in its trade relations with Sri Lanka, including in the context of discussions on the renewal of the GSP+ regulation, to ensure workers’ rights are respected in Sri Lanka.

The global union federations have also issued a joint statement in this regard.

Hong Kong Convention round table in Bangladesh

The Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships (HKC) was ratified by Bangladesh and Liberia in June 2023, fulfilling the requirements for its entry into force in June 2025. After this, it will be illegal under international law to break ships in non-compliant yards.

The ratification represents a major victory for IndustriALL, which has campaigned since 2010 to clean up shipbreaking. The shipbreaking yards of South Asia have a terrible reputation for worker deaths and environmental destruction, which the HKC will address by mandating an acceptable standard for ship recycling.

Shipyards in Bangladesh are undergoing major refurbishments to meet the new international standard, supported by an International Maritime Organization (IMO) project called SENSREC.

IndustriALL assistant general secretary Kan Matsuzaki said:

“At the same time as Bangladesh upgrades its physical infrastructure, it needs to upgrade its social infrastructure. We need a just transition to sustainable ship recycling, achieved through social dialogue. In practice, this means that yard owners need to recognize unions, negotiate collective agreements, set up joint health and safety committees and participate in dialogue with government and unions.”

The round table meeting was attended by representatives of the Bangladeshi ministries of industries, labour and employment, and the environment, as well as district government. Employers were represented by the Bangladesh Ship Breakers and Recyclers Association (BSBRA), and unions by IndustriALL’s two affiliates in the sector, the Bangladesh Metalworkers’ Federation (BMF) and the Bangladesh Metal, Chemical, Garments, & Tailors Workers Federation (BMCGTWF).

Mohammed Mominur Rashid of the Ministry of Industries, who was instrumental in driving the ratification, said that shipbreaking had created a bad reputation for Bangladesh. The country ratified because it felt a historic responsibility to change the industry, protect workers’ lives and the environment, and build a better future.

BSBRA representative, and managing director of the PHP shipyard, Mohamed Zahuril Islam, said that he was pleased about the ratification as it positioned the country as a world leader. He said that mistrust between unions and employers needs to be broken down, and bridges built. Employers need to understand that a union can be a benefit to their business.

Both expressed concerns that the mechanisation that comes with upgrading yards would lead to job losses. The meeting discussed the importance of Just Transition, with a social dialogue process to steer the industry through a period of dramatic change.

Participants held a frank discussion about the challenges facing each group, with local unions raising the problem of low wages and anti-union activity, the lack of an ambulance service and other issues. The meeting discussed the Indian example, where the ILO is facilitating a series of social dialogue workshops.

On 29 August, a union delegation visited the PHP shiprecycling yard, the first in Bangladesh to achieve HKC compliance. Workers at the yard are provided with high quality protective equipment (PPE), and ships are recycled methodically according to an approved plan. PHP has onsite facilities for safely processing waste, including asbestos, oil and bilge water. The workplace has an onsite clinic, with workers undergoing regular health checks. There are now four yards in Bangladesh which are HKC compliant, with several more expected this year. All yards will need to meet this standard by June 2025.

Union busting in Cambodia

For years, employers in Cambodia have been using fixed duration contracts (FDC) to infringe freedom of association and get rid of local union leaders. Cambodian labour law allows employers to hire workers under FDC for a period of two years, which can be extended for another two years. Workers employed under the FDCs do not have job security and are vulnerable to exploitation.

Company management discontinued the FDCs of the local union leaders Ley Phearin, Bo Visal, Sao Phal and Yun Sokha on different dates in July and August.

As soon as their contracts came to an end, the employers refused to renew their contracts and claimed there were no violations of workers’ rights.

The contracts of the other four unionists Than Darin, Nay Lihuo, Chres Vichet and Yang Ty, will be discontinued at the end of August.

“The union busting at Shun Xin Luggage Industry is unacceptable and in violation of Cambodian labour law and trade union law. All eight unionists should be rehired with back pay and benefits,”

says Pav Sina, CUMW president.

In a letter to Shun Xin Luggage Industry on 4 August, IndustriALL Global Union general secretary Atle Høie urged the company to stop all acts of anti-union discrimination and rehire all terminated workers.

“The interference in setting up a union has violated ILO Convention 87 on Freedom of Association and Protection of the Right to Organise ratified by the Cambodia government. The government must fulfill its international obligation and protect the rights of the eight unionists.”