South Africa: union in historic court victory against precarious work

This is a major victory for workers after years of a bitter union campaign against labour brokering. The victory is the result of a relentless campaign by the National Union of Metalworkers of South Africa (NUMSA), who took the issue to the courts.

After losing the case in the Labour Court of Appeals, labour broking company, Assign Services, took the matter to the Constitutional Court where the court held on 26 July that the worker’s employer is where they perform their duties, and not with the labour broker who placed them. What the court ruling means for temporary workers is that those earning $15,500 per annum or less become permanent after three months as they will be employed by the company where are working.

Labour broking is an outsourcing practice that involves a company hiring labour on behalf of “client” companies. The outsourcing company then makes a profit by paying low wages and charging high fees to the “client” companies. IndustriALL Global Union affiliate, NUMSA, condemned this practice and for many years, with other unions, argued that the client companies should hire the workers directly instead of using this exploitative system where the workers had no benefits including pensions and medical insurance.

Under broking arrangements, the workers also do not have job security as they are on short contracts that can be terminated at any time. The labour brokers have also been refusing to provide any benefits saying they were not the employers, yet they were the ones who provided contracts.

Says Irvin Jim, NUMSA general secretary in a statement:

“Our experience with labour brokers is that they are extremely abusive and expose workers to low wages and terrible working conditions. We hope this decision will be the death knell of the entire industry and we will continue to fight for a total ban of labour brokers.”

Paule-France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa welcomed the court ruling:

“This is a victory for thousands of workers who are employed by labour brokers. We applaud the court decision for providing a legal way to protect workers’ rights to permanent jobs. Labour brokers cannot continue to make profits from the precarious conditions of workers.”

Benin unions agree to cooperate

IndustriALL Global Union affiliates, FENOTHAC and FESYNEME, who organize in the garment and textile, and energy and mining sectors respectively, met in Cotonou as part of a programme by IndustriALL to build union strength in the country.

They agreed that the right to strike must be defended in all sectors, and that the unions will campaign against the government’s intention to ban the right to strike in  oil and gas and electricity, which it says are essential services. Further, workers' participation in union activities should be increased, a national council formed, joint activities carried out, and communications improved.

The garment and textile sector has been in decline with most former factory workers now employed in the informal sector, where more than 90 per cent of the workers in Benin eke out a living. So, most of the FENOTHAC members are in the small-scale traditional tailoring sector. On the other hand, mining is picking up and exports for gems and precious stones have begun.

Most petroleum and energy workers work in the distribution of petroleum products and electricity, and work for the state-owned SONACOP which employs 995 workers. However, 700 of the workers are employed under precarious conditions of low pay and no benefits. Permanent workers earn 300,000 CFA ($532) as compared to contract workers who earn 44,000 CFA ($78).

Charles Kumbi, IndustriALL project officer for Sub Saharan Africa, who was at the meeting said:

“We welcome collaboration amongst affiliates because it builds union strength, and also support union joint actions aimed at improving working conditions and ending precarious work.”

Benin is amongst the top cotton producers in Africa, with the crop’s exports contributing up to 40 per cent of foreign exchange receipts, and 12 per cent of GDP. Additionally, 60 per cent of the national fabric is made from the local cotton. With over 300,000 cotton producers supporting over two million people, cotton has the potential to reduce the high levels of poverty. For instance, if the cotton-to-clothes supply chain is promoted through government policies this can lead to investments in textile and garment factories with potential to create thousands of jobs and spur industrialization.

South Africa: Six workers die in underground fire at copper mine

On 15 July, when the mine was supposed to be on shut down, management sent 200 workers underground to increase production. According to IndustriALL Global Union affiliate, the National Union of Mineworkers (NUM), the fire could have been caused by high underground temperatures. Workers say switching off the fire suppression system, including the water supply, because of the shutdown, is what made the fire difficult to control.

The conveyor belt is also suspected to have been sub-standard. Regulations stipulate that a conveyor belt should be fire resistant and self-extinguishing which was not the case at Palabora.

For these reasons, the union wants the management “to tell the truth” on the cause of the fire, and why workers were exposed to such dangerous working conditions.

The NUM is also calling upon the department of mineral resources to investigate the incident and play its oversight role to ensure that the mining company complies with mining health and safety regulations. According to the Mines Health and Safety Act the employer must ensure that the mine provide “conditions for safe operation and a healthy working environment” and this applies to the mine’s construction activities and equipment as well. Failure to do so can result in the employer being charged of “negligent failure” for not providing a safe working environment for the workers.

Kemal Özkan, IndustriALL assistant general secretary said:

“It’s unacceptable for mining companies to be negligent on health and safety issues especially when workers continue to die from avoidable mine accidents. Workers’ rights to life must be respected and cannot be traded at whatever cost.”

Minister of mineral resources Gwede Mantashe said in a statement:

“It is unfortunate that, as a country we have lost so many lives in this disaster. These deaths add to an already high number of lost lives in the industry since the beginning of the year.”

Since January 55 mineworkers have been killed in mine accidents. With the increasing deaths and injuries, the Mining Health and Safety Council’s goal of achieving “zero harm” is becoming elusive.

South Africa: Footwear strike for a living wage enters second week

IndustriALL Global Union affiliate, the Southern African Clothing and Textile Workers Union (SACTWU) and the National Union of Leather and Allied Workers, who organize the 10,000-plus workers in the sector, called for the national strike to demand living wages.
 
Instead of engaging with the unions, some employers are resorting to intimidation which the unions have rejected as “illegal, provocative and not conducive to the promotion of sound industrial relations”. This came after Allie Kramer, a chargehand at Bagshaw Footwear factory in Port Elizabeth, fired live ammunition at close range to where the striking workers were gathered. The unions have since called for his suspension and sanction thorough disciplinary action for putting the lives of workers in “serious danger”.
 
Christina Hajagos-Clausen, IndustriALL director for the textile and garment industry said:
 
“We support the workers’ demands for living wages and for employers to consider the increasing cost of living that is eroding workers incomes. Labour peace and social dialogue will not be possible if the employer opts for intimidation. We strongly condemn the use of guns to intimidate workers.”
 
Clothing, textile, footwear and leather are a labour absorbing sector which employs more workers than any other manufacturing sector in South Africa. According to SACTWU, the sector makes an important contribution by reducing unemployment and poverty as well as providing jobs mainly to women who make up about 82 per cent of the workforce. The women are employed especially in small towns where there are fewer jobs thus promoting gender equity. Therefore, living wages will make a difference to workers and their families.
 
Upskilling and further training of workers is important for the sector. However, SACTWU, says the sector faces threats from customs fraud in which duty for imported goods is avoided and evaded when goods are imported through a third country among other illegal schemes sometimes even with the involvement of government officials. The goods are then smuggled into the country and sold at low cost undercutting local factories and threatening jobs.
 
The sector also suffered from global competition which has seen local production being displaced by imports. However, the government-supported Clothing and Textile Competitive Programme boosted the sector and brought some stability.

Norwegian oil company to collaborate with Ghanaian unions

Aker Energy, which has vast experience from the Norwegian continental shelf, will work closely with unions on defining the labour requirements with sub-contractors and along the value chain. Further, it will prioritise the employment of Ghanaian workers, fair working conditions, and sourcing of inputs locally.  

At a recent meeting in Accra, Aker Energy, which has signed a global framework agreement (GFA) with IndustriALL Global Union, said it will extend the agreement to its Ghana operations when production starts in 2021. The company, which has an agreement with the Ghana National Petroleum Corporation (GNPC) that reviews investment conditions and licencing, wants to work with Ghanaian unions in similar ways to how it works with unions in Norway.
 
The collaboration will be supported by Industri Energi, an IndustriALL Global Union affiliate in Norway, which will provide training of shop stewards from its sister affiliate, the Ghana Transport and Chemicals Workers Union (GTPCWU). The support will include monitoring and reporting on the GFA as well as exchange visits and the forming of solidarity networks between oil and gas workers in Ghana and Norway.
 
Tendai Makanza, IndustriALL regional officer for Sub Saharan Africa said:

The meeting laid a solid foundation for collaboration between IndustriALL and Aker Energy. Further, the solidarity and support between GTPCWU and Industri Energi is an important model on how IndustriALL affiliates can work together globally by using GFAs as a tool for building strong unions and union-to-union solidarity.

The Ghana oil and gas industry is still in infancy, having only started production in 2010 at the Jubilee fields with reserve estimates of up to one billion barrels. According to Aker Energy, the Tano Cape can produce an estimated 550 million barrels of Brent Crude and has potential for a further 400 million barrels. The oil fields will also produce at a break-even price of US$35. Currently Brent Crude is selling at $74.24 per barrel.

Zambia: Mining union on recruitment blitz

Sinazongwe is 685 km from Kitwe, where IndustriALL Global Union affiliate MUZ is based, and about 12 hours’ drive by road but this is not a deterrent to recruiting more workers. MUZ has unionized 127 workers out of 150 at Smech Engineering, which is subcontracted to maintain the Maamba coal thermal power station that produces 300 megawatts of electricity into the Zambian national grid.

The recruitment is part of the activities for IndustriALL’s union building project in Zambia. Besides Zambia, the union building project includes Burkina Faso, Democratic Republic of Congo, Lesotho, Madagascar, and Zimbabwe.

Formed in 1957, MUZ is amongst the oldest unions in Zambia and recently held its 14th national congress under the theme: “Growth, retention, unity and quality service to member”. It has 15,343 members from the mining sector of whom 5,094 are precarious workers with no permanent contracts. Nationally, it is affiliated to the Zambia Congress of Trade Unions.

Says Tendai Makanza, IndustriALL regional officer for Sub Saharan Africa:

“The strength of the union comes from its members which is why it is important to continue with efforts to increase numbers. We applaud efforts by MUZ who are going the extra mile to recruit members.”

The Zambian economy is anchored on mining, wholesale and retail trade, construction and manufacturing. Recently, it was affected by low copper prices and electricity supply shortages.  Mining has also spread from the Copperbelt Province to other provinces including the North Western Province where it is said to be low cost. Nevertheless, plans are underway to increase production at some old mines including Mopani’s copper and cobalt mines in Kitwe and Mufulira where MUZ has organized many workers and is the majority union.

The government of Zambia is hoping to turn the economy around through an economic recovery “Zambia Plus” programme aimed at improving domestic resource mobilization, fiscal governance, accountability and transparency, restoring budget credibility and raising confidence in the private sector. The Industrialization Strategy (2013) aims to create more jobs and diversify the economy and thus reduce the risk caused by over reliance on mining.

Zambian unions petition Dangote on violation of workers’ rights

By so doing, the company is denying the unions freedom of association.  Even with the involvement of the ministry of labour, through current and previous ministers and labour commissioners, the cement company has not budged. Dangote’s attitude towards unions is aptly captured in the contract with one of its labour brokers, Silondwa Engineering, which says the “contractor shall ensure that its employees are not involved in union activities and strikes that leads to stopping of work.”

At a meeting in Ndola on 5 July, three IndustriALL Global Union affiliates, the Mineworkers Union of Zambia, the National Union of Commercial and Industrial Workers and the National Union of Building, Engineering and General Workers met with representatives from Dangote and presented them with a petition demanding that the company stops violating workers’ rights. They reminded the company that it is in violation of the Constitution of Zambia, the Industrial and Labour Relations Act Chapter 269 and the ILO conventions. 

The unions also called for living wages of Zambian Kwacha 4 000 (US$408) as the current wages of K1800 (US$184) for general workers, for instance, were too low. They also wanted health and safety to be improved by providing a clinic on the cement plant. 

Also, of concern to unions is that Dangote employs only 15 permanent workers and has outsourced over 1,000 workers to different subcontractors. According to the labour laws, the workers employed through contractors were doing core work that required permanent contracts. Therefore, the company, through the contractors, is promoting precarious work through short term contracts, no benefits including pension and medical insurance, and low wages.

After the meeting the unions drove to the Masaiti plant where they picketed. Workers, who joined the picket, gave testimonies on how bad the wages and working conditions were.

Kenny Mogane, IndustriALL regional officer for Sub Saharan Africa, said:

“As a multinational company, Dangote should respect workers’ rights, pay living wages and ensure the health and safety of the workers. It is unacceptable for the company to openly violate Zambian laws by not signing recognition agreements with the unions.”

Lesotho unions demand new minimum wages now

Although negotiations are taking place within the Wages Advisory Board where unions, government and employers are represented, an agreement has not yet been found.

Workers are demanding a 15 per cent increase while employers are offering only seven per cent.

For example, the minimum wages for the garment and textile sector are currently set at Lesotho Loti 1238 per month (US$89) which is not enough for workers to look after their families and pay for basics like rent, food and transport.

Unions want the minimum wage in this sector to be US$144 and are also demanding that the minimums in all sectors be revised upwards towards a living wage of over US$200.

IndustriALL Global Union affiliate, Independent Democratic Union of Lesotho (IDUL), and seven other unions organizing in sectors including the garment and textile, manufacturing and mining took to the streets in Maseru and Maputsoe to protest the delays and the low wages.

Petitions were delivered to the prime minister, the ministry of labour and employment, and to parliament. Unions are also demanding that the minister of labour and employment, Keketso Rantso, be removed from her position for not announcing the minimum wages on time. They say because of the delay, the minister has neglected the welfare of workers and their families.
 
Through the union building project, IDUL is also campaigning for full pay while on maternity leave for women workers from the garment and textile sector. The union also wants better health and safety at workplaces, improved job security and respect for workers’ rights.
 
With over 56 per cent of the population living in poverty, and youth unemployment at 47 per cent, better wages can improve workers lives. The opening of new factories can also create jobs and improve living conditions in the country.
 
Says Paule France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa:

Workers end up living in poverty because of low subsistence wages. It is therefore important for minimum wages to be increased. Therefore, we are urging the government of Lesotho to urgently announce minimum living wages.

South Africa: Union demands justice for woman worker murdered at electricity sub-station

There are fears that the case might be dismissed for lack of evidence as critical information from surveillance cameras has disappeared. The court heard last year that before the murder, Yende wanted to expose a criminal gang involved in stealing copper cables from power lines for sale to scrap metal dealers.

IndustriALL Global Union affiliate, the National Union of Metalworkers (NUMSA), where she was a member, demands justice and says Eskom is complicit by not assisting in making the evidence available to law enforcement agencies. Says NUMSA in a statement:

“Her body was found in the workplace. It is virtually impossible for outsiders to access the sub-station on their own. She did not kill and lock herself in the office. Therefore, the only logical conclusion is that her killers are either employees or were assisted by employees of Eskom.”

The union wants the case to be treated just like other high-profile cases, and for the South African Police Services and the National Prosecuting Authority “to take gender-based violence seriously by prioritizing investigations into the case.”

In a tribute to Yende, NUMSA says it will not rest until the truth is known.

“She was a hard-working ambitious young woman whose life was senselessly cut down in her prime. Her young son will have to live the rest of his life without the love and care of his mother.”

NUMSA has signed the IndustriALL Pledge in which unions make a commitment to fight all forms of violence against women at the workplace and in the unions.

South African workplaces continue to be unsafe as women face sexual harassment, rape and murder. According to the Statistics South Africa report Crime Against Women in South Africa 2018, the murder rate for women in the country increased by 117 per cent between 2015 and 2016/17 while rape was more than five times the global average.

Kenya: Union success in growing garment and textile sector

Brands including Arrow, Calvin Klein, H&M, Arrow, Izod, Cherokee and VF Corporation source from Kenya.

The United Aryan factory in the export processing zone of Nairobi gets orders from H&M and makes jeans for Levi’s. The factory’s 2,800 workers are all members of IndustriALL Global Union affiliate the Tailors and Textile Workers Union (TTWU), which has entered into a closed shop agreement with the management, meaning that workers who are hired by the company become union members.

One of the results of the agreement is that most industrial relations issues at the factory are dealt with at the shop floor. With United Aryan planning to open a larger factory that could employ up to 10,000 workers, the closed shop agreement lays a solid foundation for the TTWU’s organizing and recruitment strategies.

Like most garment producing companies, 80 per cent of the workers in the factory are women and the TTWU is developing a programme to deal specifically with the women workers.

The minimum wage at the factory is 13,000 Kenya Shillings (US $127) per month, higher than other Sub Saharan African countries. This is an opportunity to increase them towards living wages.

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

“We will continue to support the recruitment of garment workers by TTWU in Kenya as it contributes to the employment of young women and to the much-needed turnaround to the decline of manufacturing on the continent.”

Kenya’s garment and textile sector can benefit by expanding its market to free trade areas that it belongs to, including the African Continental Free Trade Area, the East African Community, and the Common Market for Eastern and Southern Africa. The country has also signed Economic Partnership Agreements, the European Union African Caribbean and Pacific (Cotonou Agreement) and the African Growth and Opportunity Act (AGOA). About 92 per cent of apparel from Kenya is sold in the US under AGOA.

The government of Kenya’s Vision 2030 identifies the garment and textile sector as a driver of industrialization. Currently the sector contributes to 7 per cent of the country’s export earnings.