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.”

Photo: Garment factory in Cambodia © ILO/Tiffany Tsang

Take a stand against union repression in France

The decision to target union leaders, including FNME-CGT general secretary Sébastien Menesplier, follows on the mass industrial action against the French government’s pension reforms and the closure of pension funds for electricity and gas workers in France earlier this year.

Renaud Henri, general secretary of CGT’s energy workers in Marseilles, together with his colleagues Mathias and Jean-Philippe, are due to appear in court in September. In November, the leader of CGT energy workers in the Gironde region, Christophe Garcia and his colleague Alexandre, will be in court in Bordeaux.

The charges of public safety in the context of strike action are a direct attack on the fundamental trade union freedoms and the right to strike. The right to strike is under attack across Europe, and legislation is emerging in several countries like France, Belgium, the United Kingdom and Italy designed to constrain unions.

“Trade union rights are under attack all around the world. The attacks from the French government on the right to strike and collective action must be met with a strong, unified message from the union movement – attacking fundamental trade union rights is unacceptable and stops now,”

says Atle Høie, IndustriALL general secretary.

FNME-CGT is protesting in front of Montmorency police station on 6 September 9am. IndustriALL is joining EPSU’s and industriALL Europe’s call for solidarity on 6 September.

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IndustriALL and Aker renew global framework agreement

The ambitious global framework agreement (GFA) contains provisions on fundamental human and trade union rights and references international standards for health and safety, living wages, a just transition, equality and diversity, environmental issues, working hours and employment conditions.

The renewed agreement was approved at a global works council (GWC) meeting on 25 May 2023, after consultation with IndustriALL affiliates. The GFA includes stronger language on the requirements of companies in the Aker supply chain, and builds on previous agreements, with the first GFA signed in 2008 and renewed in 2010 and 2013.

Says IndustriALL general secretary Atle Høie:

“This is an ambitious and forward-looking agreement addressing key areas for a decent and sustainable workplace. The new agreement sets a standard for GFAs and social dialogue and the genuine approach from management is exemplary.”

After its meeting in May, the global works council visited the Rose Castle installation in Oslo that commemorates the Nazi occupation of Norway. In a moving speech to announce his retirement, outgoing convenor Atle Tranøy spoke of the requirement of every generation to defend democracy, especially in the context of the war in Ukraine and the rise of authoritarian politics. He said that social dialogue, and agreements like the Aker GFA, are the building blocks that create a good society.

Tranøy presided over the GFA from its first days and was instrumental in the renegotiation.

A mechanism for conflict resolution clearly establishes Aker’s responsibility to use its influence to ensure respect for trade union rights along the supply chain. The agreement is monitored by the GWC, and any worker within the Aker ecosystem can directly contact the union convenor if they believe it is being breeched.

Stressing the importance of social dialogue, Aker CEO Øyvind Eriksen says:

“The agreement is an important part of Aker’s work on sustainability and responsible corporate governance and provides all employees with an important tool to ensure that Aker-owned companies live up to their commitments and our ambitions.”

IndustriALL Norwegian affiliates Fellesforbundet, NITO and Tekna are co-signatures to the GFA.

Ståle Johansen, union representative on Aker’s management board, says:

“I am pleased that with this updated and strengthened agreement, Aker recognizes and commits to fundamental trade union rights and good working conditions across its global operations."

The renewal brings the agreement into line with industrial relations best practice by updating the number of ILO instruments referenced after health and safety become core Conventions, updating policy around gender equity and the need to eliminate gender-based violence through ILO C 190, and a new commitment to just transition.

Aker has a diverse portfolio, including shipbuilding and marine equipment, software and renewable energy. Aker has recently moved into renewal energy after acquiring Irish company Mainstream, and the GWC will focus on improving union representation at Mainstream’s global operations.

Photo: Elisabeth Haugsbø, TEKNA president, Atle Høie, IndustriALL general secretary, Øyvind Eriksen, Aker CEO, Christian Justnes, Fellesforbundet union secretary, Audun Bøhn, NITO deputy general secretary.

Peru-based Laboratorios SMA SAC signs first collective bargaining agreement with union

On 18 August, the national union of Laboratorios SMA SAC workers, part of Peru’s federation of manufacturing and allied workers (FETRIMAP-CGTP), affiliated to IndustriALL, signed its first collective bargaining agreement with Laboratorios SMA SAC, a Peruvian company specializing in the manufacturing of cosmetics, personal care and household hygiene products. 
 
FETRIMAP-CGTP general secretary Gilmer Ibáñez Melendrez said:
 
"By signing the collective bargaining agreement, the union and the company have taken an important step in building sound labour relations, essential for the protection of workers’ fundamental rights. This will help to enhance the reputation of Laboratorios SMA SAC in the international export markets as a company that respects labour rights."  
 
The 2023–2024 collective agreement provides for financial benefits and includes a commitment to foster good faith dialogue, including: 

 The local union's general secretary, Flor de María Aranda Surichaqu, said:
 

“Although we didn’t achieve everything we wanted, it’s a big step forward for us. We will continue to look for ways to improve conditions for all Laboratorios SMA SAC staff. We are very grateful to FETRIMAP and IndustriALL for the support they have given us.”

The signing of the 2022 statement of grievances, which the union wants to resolve, is still pending. 
 
IndustriALL’s assistant general secretary Kemal Özkan said: 

“IndustriALL congratulates our affiliate and the local union on this great victory. This is a good example of the union process. The national union of Laboratorios SMA SAC workers was able to mobilize workers, while FETRIMAP provided all the necessary support. As IndustriALL, we supported the campaign which is in line with our global union supply chain strategy. The struggle goes on!”

Repression in Belarus escalates

In mid-August, Volha Brytsikava, the former chairperson of the BNP union of Naftan employees was detained near Navapolatsk. Her former deputy, Aliaksandr Balonkin, was detained in the evening that same day.
 
Naftan strike activist Aliaksandr Kukharonak, one of the first to declare a strike at the comapny in 2020, was detained by riot police in the village of Rositsa. Riot police searched both his and his parents’ homes. 
 
Both Volha Brytsikava and Aliaksandr Kukharonak have been repeatedly detained between 2020-2022, accused of calling for sanctions and other actions which aim at harming the national security of Belarus. 
 
On 15 August, three employees were detained at the Navagrudak Gas Equipment Plant. According to human rights activists, plant detentions take place almost every week and are often based on subscriptions to so called extremist channels. Workers are sporadically asked to surrender their phones for inspection. 
 
Earlier in August, a welder at the Gomselmash company was brutally detained by law enforcement for allegedly sending links to extremist resources. All information criticizing President Lukashenko's policy are deemed extremist.
 
Another worker at Gomel Maltal and Normal Molders plant was arrested for liking a post related to the formation of a totalitarian management model in Belarus.  
 
Maxim Pozniakov, president of IndustriALL affiliate BNP, says:

“The new wave of detentions at Belarusian enterprises shows that Lukashenka's regime fears labour protests the most. I also believe that the regime has not understood the seriousness of the situation related to the application of Article 33 of the ILO Statute to Belarus, since it has started a new wave of escalation. This is not conducive to improving relations with the ILO and may lead to the application of the most serious measures and sanctions.”

Together with other global unions, IndustriALL has continuously opposed and condemned the actions against trade union leaders and has called for all charges against them to be dropped. The Belarusian government are violating ILO Conventions 87 and 98 on Freedom of Association and Protection of the Right to Organize and the Right to Organize and Collective Bargaining. There are also accusations of use of forced labour.
 
In June this year, the annual International Labour Conference adopted a resolution under Article 33 of the ILO Constitution, challenging Belarus' continued disregard for workers' rights and the arrest of countless trade unionists. This is the strongest measure possible under ILO Constitution against a state violating workers’ rights.
 
Kemal Özkan, IndustriALL assistant general secretary, says: 

“The escalation of arrests in Belarus shows a continuation of violations of workers’ and trade union rights. IndustriALL supports and assists independent Belarusian unions in their struggle to operate. IndustriALL will continue to publicly support the movement for independent unions and democracy in Belarus and will use our global voice to condemn the heavy oppression they face.”

Photo courtesy of: Salidarnast.info   

Kenyan court orders Proto Energy to pay union dues

On 5 July, the court ruled that Proto Energy must remit the dues of 722 workers to the union. The court also ordered the company to sign a recognition agreement with the union in accordance with section 54 of the Labour Relations Act, 2007.
 
KPOWU organized the workers in 2021 and sent check-off forms and a recognition agreement to the company which they refused to sign. Proto Energy, which employs about 1,000 workers, also ignored written reminders from the union to sign the agreement. 
 
The union asked the Kenyan government to intervene and declared a dispute with the employer. After the matter went for conciliation, Proto Energy started intimidating unionized workers. To stop the intimidation, KPOWU went to the courts.
 
George Okoth, KPOWU general secretary, said: 

“Before going to court we tried to engage with the employer through written reminders and social dialogue. After declaring a trade dispute, we went for conciliation, but the employer ignored the recommendations. The union eventually sought legal action after realizing that there was no commitment to resolving the dispute amicably.”


Paule France Ndessomin, IndustriALL regional secretary for Sub-Saharan Africa, said:

“We praise KPOWU for standing up for workers’ rights at Proto Energy. Kenyan workers have a right to join a union and the union has organizing and collective bargaining rights. Employers must comply with the national labour laws and international labour standards and must stop practices that undermine trade union activities and workers’ rights.”

Freedom of association and collective bargaining are protected by Kenya’s Constitution which states that workers have a right to fair labour relations including the right to join and participate in trade union activities. The Labour Relations Act also protects trade union rights and regulates dispute resolution.
 
Proto Energy, a subsidiary of Africa Oil and Gas Limited, supplies liquified petroleum gas for domestic and industrial use.

Two months of strike at Mexico’s Peñasquito mine

Workers from Section 304 of SNTMMSSRM, also known as the Los Mineros, began their strike at the Peñasquito mine, a subsidiary of US company Newmont, on 7 June. Their aim was to put pressure on Newmont to comply with clauses of the collective bargaining agreement relating to issues like health and safety and pay.

The strikers say that the company has failed to comply with provisions to safeguard workers’ health and to provide training to members of the health and safety committee. They also claim that the company does not immediately inform union representatives directly when accidents occur.

"For us, health and safety is of utmost importance – people’s lives are being put at risk in order to meet production targets. Each time we leave home for two weeks, we leave our families uncertain about our safety," 

the union said in an official statement. 

According to the union, the company is also in breach of the collective agreement's provisions concerning recruitment, with local jobseekers rejected because they were put forward by the union, because of some minor physical condition or because they supposedly lacked the necessary training – even though the collective agreement provides for a 120-day training period. 

The union claims that the profit-sharing bonus fell far short of the mandatory 10 per cent of the previous fiscal year's profits, and that the company underpaid workers for time worked on public holidays. The union repeatedly indicated its willingness to enter into dialogue to resolve the dispute but says that the company refuses to negotiate in good faith.

In a letter to to Newmont chairman and CEO Tom Palmer, IndustriALL general secretary Atle Høie urges him to intervene to resolve the strike:

"The mining industry is increasingly recognizing the importance of creating a preventative culture of health and safety and promoting sustainability by driving positive outcomes for workers and communities. Newmont, in contrast, is acting in an intransigent manner in refusing to address these issues and resolve the two-month long strike.

"We urge you to intervene to seek a satisfactory resolution as a matter of urgency. Please note that, if necessary, we will not hesitate to bring this matter to the attention of key stakeholders with an interest in environmental, social and governance (ESG) issues at Newmont."

Malaysian union calls on government to respect ILO decision and reinstate workers

The IndustriALL Global Union affiliate held a protest outside the Prime Minister’s office in Putrajaya and submitted a memorandum urging the anti-union discrimination at HICOM Automotive to stop and the five unionists reinstated to their original positions with back pay.

NUTEAIW general secretary and IndustriALL ExCo member Gopal Kishnam Nadesan said:

“I urge the new Prime Minister to take bold action against the company as the ILO committee on Freedom of Association ruled that HICOM Automotive violated freedom of association.

“Malaysia has an international obligation to comply with the provision on prohibition of anti-union discrimination in the ILO Convention 98 on Right to Organise and Collective Bargaining. The government ratified the international convention in 1961.”

Haikhidil Bin Jamaludin, one of the dismissed unionists dismissed unionists, said:

“We, the workers, have the right to attend union activities after working hours. The company shouldn’t punish us for joining legitimate union activities protected by the law. We have been out of a job for seven years, it is an unjust act of the company. We urge the Prime Minister to intervene and protect our rights.”

The five unionists were dismissed in 2016 after joining a union briefing on the status of collective bargaining outside the HICOM Automotive premise after working hours. The company accused the unionists of tarnishing the image of the company.

In 2021, IndustriALL and NUTEAIW filed a complaint at the ILO Committee on Freedom of Association. The international body ruled in June 2022 that HICOM Automotive violated workers’ freedom of association.  

On receiving the memorandum from NUTEAIW, the political secretary of the Prime Minister, Chan Ming Kai, said the Prime Minister’s office will look into the complaint and revert to the union.

IndustriALL regional secretary for South East Asia Shinya Iwai said:

“IndustriALL stands in solidarity with the struggle for protecting workers’ rights in Malaysia. We will continue to monitor the dispute and provide update to the ILO Committee on Freedom of Association.”

IndustriALL campaign pushes H&M withdrawl from Myanmar

The company said that it was investigating 20 alleged instances of labour abuse at Myanmar garment factories that supplied it, as a UK-based campaign group said cases of alleged abuses including wage theft and forced overtime had multiplied since the military coup in February 2021. 
 
IndustriALL strongly condemns the coup d’etat by the military in Myanmar and has been working with affiliated unions in Myanmar to protect workers’ rights until democracy could be restored. IndustriALL has also been campaigning tirelessly for brands to safely disinvest from the country. 
 
At the Third IndustriALL Congress in September 2021, 434 trade unions from 111 countries unanimously adopted a resolution in support of democracy in Myanmar. The resolution calls for comprehensive economic sanctions against the military junta.  Human rights violations in the country make it impossible to trade ethically, because companies are not able to guarantee the safety of their workforce. In 2022 an independent report confirmed that it was impossible to practice due diligence in a military dictatorship. 
 
In November 2022 IndustriALL began discussions with several garment brands, with operations in Myanmar to outline what a responsible exit would look like. This discussion concluded with Framework Principles of a Brand’s Responsible Business Disengagement from Myanmar.

This document is not a commitment by these brands to cease their operations in Myanmar, but an agreement on what would constitute a responsible exit. 

The framework outlines a business exit negotiated with workers’ representatives that ensures that the rights of workers are protected, adequate severance is paid to those affected, and ensures that cases of workers’ rights violations that are still pending, will be remediated. Although the framework was developed by the garment industry, its principles can be applied to other sectors of the economy.

The Swedish fashion giant’s ESG record is better than many of its peers and the company’s responsible business practices has cemented a constructive relationship with IndustriALL however it has raised concerns about why the company refused to stop sourcing from the country. At H&M's AGM, in May, IndustriALL questioned the retailer about their continued operations in the country. 

IndustriALL general secretary Atle Høie says:

“H&M finally realized that it is not possible to do business in Myanmar without trampling on basic trade union and human rights. IndustriALL will continue its campaign until all major brands do the same. We must never put profits above worker rights.”

Marie Nilsson, IFMetall president, says: 

“H&M leaving Myanmar is good news. They have done as we and our global federation, IndustriAll Global union demanded. Human and trade union rights must be respected worldwide and sadly this is not the case in Myanmar.” 


 

Bulgarian unions take action for a Just Transition

The national recovery and sustainability plan (NRSP) is in revision process and agrees with the National Assembly’s decision to drop the requirement for a 40% reduction in carbon emissions from the energy sector in 2026 compared to 2019. Unions reiterate that the drop of this requirement from the plan is crucial to maintaining the country's energy security and insist that government has dialogue with social partners on the exact proposals, procedures, and projects when planning the renegotiation of the plan.
 
Regarding the territorial Just Transition plans, which are an essential tool in industrial transformation in coal mining regions and should be carried out within the framework of an overall concept and general planning approval. Unions have suggested that this plan should focus on and develop on mapping the skills of the affected workforce, supporting the creation of industrial parks for clean technologies (with zero emissions), developing a scheme to support the integrated use of green hydrogen-large-scale integrated projects and an energy strategy.
 
Tsvetelina Milchalieva president of the Light Industry Federation, says:

“We believe that the government should make every effort to provide funds for the immediate launch of a skills mapping project, so that social support and support for employment can be provided. We insist that assistance under the just transition fund cover the large enterprises that have potential to spread their growth to other local companies based on vertical and horizontal links and create jobs. We also demand concrete proposals for initiatives developed by industrial federations together with the confederation are aimed at implementing the principle: create a job before laying off a worker. Nothing about us without us.” 

“Unions and workers need to be part of the Just Transition conversation; it is the only way to ensure that workers are protected and that they have support. We applaud the unions for being active in these discussions and making concrete proposals,”

says IndustriALL assistant general secretary Kan Matsuzaki.