Union says Covid-19 opportunism is behind wage disputes in South Africa

IndustriALL affiliate SACTWU says some employers are proposing to reduce wages by 20 per cent and to pay less towards pension funds. In addition, the employers do not want to pay annual bonuses and shift allowances.

If implemented, the employer proposals will reverse the gains of SACTWU’s living wage campaign. In March, SACTWU successfully negotiated a deal in which workers received full-pay during the early days of the country’s lockdown.

To defend the gains, SACTWU has declared a wage dispute in the textile and garment sectors. The sectors include workers employed in the manufacturing of non-woven goods such as nappies and bedding, woven goods like textile fabrics, handbags and leather products, manufactured fibre, industrial textiles, and the laundry sector that caters for hospitals and hotels. In the home textiles sector, a settlement has been reached.

The declaration of the dispute comes after three months of failed negotiations with employer associations under the National Bargaining Council for the Clothing Manufacturing Industry. The employers’ associations that were involved in the negotiations include the South African Apparel Association, Apparel and Textile Association of South Africa, Transvaal Clothing Manufacturing Association, Eastern Province Clothing Manufacturing Association, and the South African Clothing Manufacturers Association. SACTWU is also involved in plant-based bargaining where disputes have been declared.

Andre Kriel, SACTWU general secretary, says:

“While we acknowledge that the lockdown has been difficult for our industry, we will not just sit by and meekly accept these brutal employer attacks on our members’ standard of living. We are determined not to allow workers’ decades-long and hard-won conditions of employment and gains to be eradicated by employers who are hell-bent on opportunistically using the Covid-19 crisis to rob our members of what is rightfully theirs.”

Due to Covid-19, negotiations took place virtually. According to SACTWU, the disputes will now go for compulsory conciliation processes.

Christina Hajagos-Clausen, IndustriALL director for the textile and garment industry, says:

“Unions must stand firm against the push backs from employers. Jobs, wages, and benefits must be protected and not sacrificed.”

Employer sues Eswatini union for strike damages

ATUSWA, affiliated to IndustriALL Global Union, says it will challenge the claims that are meant to bankrupt the union and that employers are using this strategy to waste union resources through legal fees. The union argues that employers’ reasoning is that less money for the union means poor service to members and that a weak union will then lead to members becoming disgruntled with the union.

Wander Mkhonza, ATUSWA general secretary says:

“This is a classic case of union busting. Employers in the textile and garment sector are taking the legal route not because they seek redress in the courts but simply to frustrate unions and force them to incur huge legal fees.
"The employers are not even worried about whether they will win the cases; they simply go to court because they have the money for cases that drag forever fully aware that unions will lose financially in long court battles.”

In August 2018, ATUSWA, met with its members at Zheng Yong, Nhlangano, to decide on whether to go-ahead with a proposed strike action on living wages following a dispute with the employer. The meeting attracted thousands of workers from other factories.

However, workers opted for negotiations through the collective agreement that the union had with Zheng Yong. Living wages being one of the main grievances of workers in the textile and garment sector who are paid E1800 per month (US$108). The union is campaigning for a minimum living wage of E3500 (US$210).

When the workers went back to work after the meeting, the Zheng Yong management had locked the gates incensing the workers who then picketed, with workers from FTM garments and other factories joining in the action. The police worsened the tense situation by firing teargas into workers who had gathered, sparking the demonstrations.

Christina Hajagos-Clausen, IndustriALL director for the textile and garment industry says:

“Factory owners should strive to build better industrial relations with trade unions and not plot to destroy them. Taking the union to court on false charges is an act of bad faith by FTM Garments.”

Union takes Mauritian employer to court after migrant worker dies

Norul Amin, a Bangladeshi migrant worker, who died on 27 July, had a two-year contract with Fairy Textiles as a machine operator. When he got sick, he asked for leave to go to hospital but the employer refused; instead, he was asked to report for work.

His health deteriorated further the following day while at work, and he was taken to hospital by his co-workers. Sadly, he did not receive enough attention because of the language barrier, as most Bangladeshi workers speak only Bangla. At the hospital he was given only pain killers, and later died of a heart attack.

Veer Gukhool, migrant workers specialist at CTSP says:

“For years, the union has sounded alarm bells on the unfair treatment of migrant workers. However, the government continues to amend laws to worsen their working conditions. With the increasing discrimination and limiting of workers’ rights, the union wants labour laws to be enforced, and adequate protection to be given to migrant workers in Mauritius.”

CTSP says Fairy Textiles, a textile and garment manufacturer exporting to Madagascar, South Africa, Europe, USA, and other countries, denied Amin his right to sick leave. This is contrary to Mauritian labour laws requiring the employer to not only grant sick leave but provide transport to sick workers who need to go to hospital. The union says workers are entitled to annual and sick leave.

The union hopes that the case will be heard as soon as possible after Fairy Textile initially refused to give time off to three workers who are witnesses. The workers have since given statements in support of the union court case.

Fairy Textile only released the workers after pressure from the union and the government. There are fears that the workers may be deported on the encouragement of the employer before the case is heard in court.

Christina Hajagos-Clausen, IndustriALL textile director, says:

“It is incumbent upon textile and garment companies to respect the rights of migrant workers to sick leave. It is inhuman that the Fairy Textiles management denied a sick worker his fundamental rights when he needed them most.”

To protect migrant workers’ rights in the textile and garment supply chains in Mauritius, IndustriALL and CTSP are working with Anti-Slavery International, garment brand ASOS, and Ovibashi Karmi Unnayan Programme, a civil society organization that provides training to Bangladeshi migrant workers.

Unions in South Africa slam PPE procurement corruption

The tenders being investigated are worth over five billion rand (US$299 million) and were awarded for cloth masks, surgical masks, face shields, medical gowns, aprons, scrubs, overalls, gloves, sanitisers, and other products.

Had the tenders gone to reputable industries in the chemicals, plastics, and textile, garments, shoe, and leather sectors, thousands of workers would have benefitted.

Instead the tenders were given to politically connected individuals and bogus companies with no proven experience in the supply chain for PPE. These suppliers often inflated prices and imported poor quality products when better locally manufactured products could have been sourced at half the price. The tender process also flouted local content laws.

To make information available on local manufacturers for masks and other products, the Southern African Clothing and Textile Workers Union (SACTWU) and Brand SA set up a portal where factories and small industries could be contacted. Information is also available on the factories that can produce PPE, but these were ignored by government officials who were not transparent on the awarding of the tenders.

In a report to the South African parliament on 5 August, SACTWU and the Congress of South African Trade Unions said:

“It is a story of the betrayal of the safety of healthcare workers who are being placed at risk dues to the supply of sub-standard products.”
“It is a shameful story of missed opportunities to buy and produce locally many products which are normally not needed in such large quantities by the state which is not doing everything to possible to support factories and workers in a struggling economy.”

Irvin Jim, the general secretary of the National Union of Metalworkers of South Africa, said:

“The past three months have seen an unprecedented rise of nationwide public anger against this government because of the massive revelations of corruption involving essential Covid-19 health supplies.”

Joseph Montisetse, National Union of Mineworkers president, added:

“We must guard against corruption in all sectors of our government. It is unacceptable that others arrogantly find an opportunity to enrich themselves with millions of rands allocated to tackle the scourge of Covid-19.”

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

“It is deplorable that funds meant for the Covid-19 pandemic are stolen. These are funds meant to ease the suffering of workers, families, and communities. We agree with the unions that the government must act decisively to end this corruption.”

Lesotho union demands overtime payment from Gem Diamonds

On 21 August, Letseng mine owned by Gem Diamonds unearthed a 442-carat rough diamond worth US$18 million. But this is not the first one. In February three gems of 183, 89 and 70 carats worth millions were also dug at the mine. Letseng mine, which is 70 per cent owned by Gem Diamonds and by the Government of Lesotho has unearthed over 60 white gem quality diamonds of over 100 carats each. According to diamond experts, this makes Letseng the highest dollar per carat kimberlite mine in the world.

According to IndustriALL Global Union affiliate, the Independent Democratic Union of Lesotho (IDUL), Gem Diamonds can afford to pay workers overtime. Hence, the union is challenging the exemptions that were given to Gem Diamonds by the government not to pay overtime, which is normally required by law.

The mine and sub-contracted companies employ over 1,700 workers some of whom are members of IDUL.

Daniel Teko, IDUL general secretary, says:

"The union appreciates that Gem Diamonds recognises the quality of work that the mineworkers are doing at the mine. However, we want to urge the company to go beyond praises and pay living wages.
"Further, the company must address the workers grievances and pay overtime including for work done during public holidays. Most women workers at the mine are being robbed of their overtime and lowly paid wages of Maloti 1,900 (US$113).”

Glen Mpufane, IndustriALL mining director says:

“Mineworkers who dig such valuable gems should earn living wages that improve their lives and those of their families. Diamond mineworkers cannot live in poverty while bringing so much profit to multinational mining companies. Responsible mining entails improving working conditions and paying decent living wages.”

IDUL welcomes the Gem Diamonds’ announcement that some of the proceeds from the sale of the diamond will be used for community development in Letseng.

Diamond mines which are mainly in the Maloti mountain range remained open during the Covid-19 lockdown in the country. However, Firestone’s Liqhobong Diamond mine is temporarily closed citing difficult market conditions, and IDUL is fighting for the benefits of its members who lost their jobs at the mine. The union has also raised compliance issues with Lesotho’s labour laws against Liqhobong on the retrenchments with the country’s labour department.

At Storm Mountain Diamonds, IDUL is demanding that the mining company should provide adequate personal protective equipment to workers in the housekeeping department to protect them from infection with Covid-19.

Unions campaign for Covid-19 awareness in Zimbabwe

As some of the ways to reduce the rising infections, the IndustriALL Global Union affiliates the Zimbabwe Diamond and Allied Minerals Workers Union (ZDAMWU) and the National Union of Mineworkers of Zimbabwe are carrying out national awareness campaigns.

The campaigns include visits to mines to monitor employer compliance with Covid-19 prevention regulations and ensuring that workers have adequate personal protective equipment and suitable sanitation facilities. The campaigns also emphasize observing and maintaining social distance to and from work, and the provision of face masks and hand sanitizers to workers.

During the campaigns, ZDAMWU gave over 5,000 masks to its members. The union raised concerns over the lack of social distancing in transporting workers to and from work, and the testing of workers and their families in mine compounds to prevent community transmission of Covid-19.

However, ZDAMWU found out that there were disparities in compliance between the mining companies. The union visited Anglo American’s Unki Mine, How Mine, Hwange Colliery and others. Whilst large scale mining companies put adequate measures to prevent the spread of Covid-19 at the workplace, there were limited efforts to stop community transmissions in the mining compounds.

Some companies did not test workers as required by the Covid-19 regulations and others simply ignored the regulations. Artisanal and small-scale miners were also not following the regulations, with the workers living in appalling conditions.

Justice Chinhema, ZDAMWU general secretary says:

“As the coronavirus continues to spread in the mining industry, the union needs to make a radical approach in dealing with the pandemic to save lives and protect the safety and health of workers.”

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

“Covid-19 continues to threaten workers health and safety in the mines, and we continue to call upon mining companies to follow Covid-19 protocols to prevent infections. We also want governments and employers to recognize Covid-19 as an occupational disease.”

The Covid-19 pandemic in Zimbabwe comes at a time when the country’s public health facilities are falling apart from years of neglect, are ill-equipped and sometimes have no medicines. There are cases of patients dying in car parks because hospitals cannot admit them, and frontline workers such as doctors and nurses have been on strike for months demanding living wages and adequate personal protective equipment. According to the Ministry of Health and Child Care, on 26 August the country had recorded 6,521 positive cases, 4,961 recoveries and 179 deaths. Like most Sub Saharan African countries there are doubts that the figures are a true reflection of the pandemic in the country because of less testing being done.

Lesotho garment factory fires workers for demanding payment

The workers were fired last week after gathering to ask the company why a payment of 800 maLoti (US $46) from the government had been delayed. Workers believe the company deliberately delayed the payment. The company accused them of taking wildcat strike action and fired 253 workers.

When the workers asked for their severance packages on Friday last week, the company rehired them. Bull said the workers would be treated as new employees, losing all their accrued benefits, including their packages. They would also need to go through a three-month probation period at a significantly reduced wage. Severance packages are linked to wages and years of service, and represent a significant asset to workers.

The workers are represented by IndustriALL Global Union affiliate the Independent Democratic Union of Lesotho (IDUL). After attempting to negotiate with the company, the union met with the labour ministry in an attempt to find a solution. However, the company did not cooperate. The unions escalated the case to the DDPR conciliation tribunal, but a backlog at the tribunal means the situation will not be resolved soon.

The union also raised the issue with a government sector development committee, who have summoned a company representative. The situation is complicated by the fact that factory owner is based in South Africa, and is unable to travel to Lesotho because of Covid-19 restrictions.

The union is concerned that the company has secret plans to close the Lesotho factory and move the operation to South Africa. By firing the workers, they are attempted to reduce their liability for severance packages which workers have earned over many years of service.

The Post newspaper reports that ever since the government of Lesotho introduced a minimum wage for the sector of M 2,020 (US $117) per month two years ago, companies have attempted to fire and rehire workers to reduce the cost of severance packages. A Bull worker told the paper,

“I can see through their trick and I will never accept to be cheated like that”.

IndustriALL regional secretary Paule Ndessomin said:

“Bull Clothing has played a dirty trick on its loyal workforce. By delaying the government payment, they provoked a reaction from the workforce. They used this reaction to accuse workers of taking wildcat strike action. Bull then fired them, stripped them of their benefits, and rehired them.
“This is a dishonest manouever engineered to reduce the company’s liability to its workers. We will not accept this, and we will fight until their benefits are restored.”

Bull Clothing produces wholesale workwear, primarily for the South African market.

Covid-19 has made workers’ health and safety a priority in Mozambique

These are some of the issues that were discussed during a virtual workshop on health and safety under Covid-19, held on 11 August. Leaders and shop stewards from IndustriALL Global Union affiliate SINTIME participated in the meeting. SINTIME organizes workers in the mining and base metals sector in Mozambique, including at South32 – a demerged mining and metals multinational created in 2014 by BHP Billiton.

The workshop emphasized the importance of International Labour Organization Convention 176 on health and safety in the mines, the right to refuse dangerous work, and how unions can use collective bargaining agreements to deal with Covid-19 at the workplace.

Americo Pedro Macamo, SINTIME general secretary said:

“Workers are heeding the calls and adhering to government regulations on the state of emergency and production is at one third capacity. The union has successfully negotiated with companies not to dismiss workers and there have been no retrenchments or job losses.”

Brian Kohler, IndustriALL director for health and safety said:

“Unions should continue demanding workers’ rights to occupational health and safety through full knowledge of hazards and how to work safely. Additionally, workers demand the right to refuse or shut down unsafe work without fear of discipline or discharge; and to participate in the development and implementation of all health and safety policies, programmes, procedures, hazard and risk assessments, accident and incident investigations, workplace inspections and audits. These rights must be fought for.”

Further, the workshop concurred on the importance of knowing some of the ways in which multinational mining and commodity companies like BHP organize their businesses. For instance, knowledge of the global value chain approach is critical as it shows linkages to different production sectors in which multinational companies are involved such as oil and gas, fertilizer manufacturing and commodity trading. Trade unions must know how low-cost and long-term assets models exploit workers through precarious working conditions of short contracts, low pay, and dangerous work.

With BHP Billiton Holdings having demerged South32 in 2014, it was recommended that the IndustriALL BHP Billiton network should consider including the company in its campaign activities to consider BHP’s environmental, social and governance legacies that still remain with South32.

South32 owns 47.1 per cent of Mozal Aluminium, with other shareholders Mitsubishi Corporation Metals Holding with 25 per cent, Industrial Development Corporation South Africa 24 per cent, and the government of Mozambique 3.9 per cent.

Glen Mpufane, IndustriALL mining director said:

“Knowing the value chain dynamics allow unions to engage more effectively on health and safety and Covid-19 protocols through sharing of joint strategies and campaigns. For example, the BHP Billiton network brings together workers solidarity from Latin America, Southern Africa, and Australia. The formation of a South32 global network seems a very practical approach to dealing with the challenges workers experience across South32’s operations globally where violations occur.”

Image credit: Mozal Aluminium, South32

VW neglected Covid-19 health and safety protocols, says union

On 17 July, workers at the plant exercised their right to withdraw from an unsafe workplace as granted by the Occupational Safety and Health Act after 120 workers tested positive for the coronavirus.

An investigation by the department of employment and labour confirmed that the auto company had violated the return to work regulations.

The union disputes the claim by VW that the workers were infected in the community and not at work. NUMSA says workers' health and safety was further compromised by VW’s “irrational and unfair policy” that workers who get Covid-19 through community transmission are not entitled to special sick leave, and periods of isolation. Instead the quarantine days are taken off the normal annual leave.

Fourteen shop stewards were suspended for refusing to work in an unsafe workplace. NUMSA has negotiated the lifting of their suspension, and says VW must stop threatening workers for exercising their rights. Instead the company should deal with the workers’ demands for a safer workplace.

The Volkswagen global works council has raised the issue with the headquarters of the company, and negotiations are now underway to resolve the issue.

Irvin Jim, NUMSA general secretary says:

“VW insulated its managers and office staff from Covid-19 by allowing them to work from home, whilst ordinary workers were required to return to work in May 2020 without complying with the 50 per cent stipulation in the regulations.
“Morning and afternoon shifts continued to operate at full capacity, thereby not only transgressing the regulations, but also forcing ordinary workers to work in unsafe circumstances where social distancing is impossible. Not surprisingly, from an initial two confirmed cases, the infection rate amongst workers increased rapidly.”

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

“Social distancing is a challenge in the automotive plants, and this means companies like VW should carefully follow the regulations as stipulated in the return to work controls in order to minimize the spread of the coronavirus.”

With the Covid-19 pandemic spreading, South Africa’s national department of health said on 11 August the Eastern Cape had 82,715 confirmed cases, 2,286 deaths, and 13,478 recoveries.

However, workers welcomed VW’s donation of a disused vehicle parts warehouse and ZAR 25 million (US$1,4 million) for use as a Covid-19 field hospital in Port Elizabeth saying it is a “good gesture” that will help the public. The field hospital, which is also supported by the German government, will have a capacity of 3,300 beds that will help to ease the pressure on public hospitals that are running out of beds due to the pandemic.

Union busting at Shints garments in Ethiopia condemned

The Industrial Federation of Textile Leather and Garment Workers Trade Union (IFTLGWTU), affiliated to IndustriALL Global Union, says the management of the garment manufacturer that exports outdoor clothing and sportswear under the US trade policy the African Growth and Opportunity Act (AGOA), is discouraging workers from joining the union.

Shints, which employs 4,414 workers at Bole Lemi, has also stopped deducting union dues from wages. Efforts to meet the management have been unsuccessful as they are resistant to resolving the issues raised by the union. According to the IFTLGWTU, Shints falsely claims that they are the only company in the industrial park that allows unions to recruit and organize – yet their actions show otherwise.

The union is worried that the anti-union campaign is responsible for a loss of membership, which dropped from 3,800 to 2,500. Further, it is raising concerns on health and safety, including Covid-19 prevention measures at the factory, after 60 workers, presently in quarantine, tested positive for the coronavirus.

Angesome Geberyohannes, the president of the IFTLGWTU, is dismayed by what is happening. He says:

“Around mid-2019 things began to change for the worst as the friendly environment was replaced by hostility and suppression of union and workers’ rights. Some vibrant union leaders were forced to resign from union positions, and it is now difficult to replace them because meetings are prohibited by the management. This is weakening the union. On Covid-19, the company must follow strict adherence to prevent the spread in the factory.”

Valter Sanches, IndustriALL general secretary, wrote to the CEO of the Korean-headquartered parent company, Shin Textile Solutions, condemning the union-busting.

He says:
“It is unacceptable that management at Shints are violating workers’ rights that are protected by the Ethiopian constitution and labour laws. These rights are also protected by International Labour Organization Convention 87 on freedom of association and protection of the right to organize, and Convention 98 on the right to organize and collective bargaining. We call upon the management to stop this push back and allow the union to operate as before.”