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from the International Metalworkers&rsquo; Federation (IMF) 
 
The meeting is the first joint activity on the organization of trade union networks in Latin American companies organized by the International Metalworkers' Federation (IMF), the International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM) and the Building and Woodworkers' International (BWI) to develop new strategies together with their affiliates. 
 
On 23-24 September, an international seminar on forming union networks in Latin American trans-national companies (TNCs) took place in Rio de Janeiro, Brazil, representatives of the International Metalworkers' Federation (IMF), the Building and Woodworkers' International (BWI), and the ICEM representing workers in metallurgical, chemical, construction and wood sectors took part. 
 
Supported by the Friedrich-Ebert Foundation (FES), the aim of the meeting was to exchange experiences on existing networking activities and joint planning of actions in these companies. GUFs and unions provided information on several companies, as well as on the relationship (or lack thereof) that currently exists between companies and unions. 
<img src="" width="331" height="189" alt="" />
Photo: IMF 
 
The companies reviewed were Vale, WEG, Votorantim, Petrobras, and Arauco Odebrecht. All of the companies are involved in more than one sector, and some engage in unacceptable anti-union practices. 
 
&ldquo;Unfortunately, we have suffered so much abuse by foreign TNCs. But today we see that the Latin American TNCs are no different. Our experience also shows that the anti-union practices and disregard of workers' rights by some companies are even fiercer in the countries where the company has opened new operations than in their home countries,&rdquo; said IMF Assistant General Secretary Fernando Lopes. 
 
During the meeting, all participants decided to support the workers struggle at Brazilian Vale's operations in Voiseys Bay, Canada, where 230 workers have been on strike since 1 August 2009, after the company would only accept to renew the collective agreement if the workers represented by USW agreed to a drastic reduction in conditions and increased job insecurity. 
 
The IMF Regional Representative for Latin America and Caribbean, Jorge Almeida said, &quot;This meeting was also a first step in the region. In a few years, we will work on a global scale with the merger of three confederations overall: IMF (metalworkers), ICEM (chemical) and ITGLWF (textiles).&rdquo; 
 
The meeting included affiliates from Brazil, Chile, Colombia, and Peru affiliated to IMF, ICEM, and BWI, and also included were representatives from IG Metall, Germany, and the US Solidarity Center, AFL-CIO.

FES Sponsors Tri-GUF Multinationals Seminar in Brazil

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A new slate of officers won election at the Congress of ICEM-affiliated Mineworkers&rsquo; Union of Namibia (MUN), held 17-19 September in Swakopmund, Namibia. The Congress met under the banner of stronger enforcement of safety and health regulations in all workplaces. 
 
Elected to the position of General Secretary was Jonas Lumbu, who replaces Joseph Hengari. Elected President was John Ndawedapo, replacing Andres Eiseb. The Congress elected Michael Heita as Vice President, Eben Zarondo as Assistant General Secretary, Eliphas Iita as National Secretary, Gerson Max as Vice National Secretary, Paul Rooi as Treasurer, and Phillip Muninguni as Vice Treasurer. 
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The theme of the Congress comes at a time when the Namibian mining sector is experiencing its worst fatal and serious injury accident rate in ten years. The MUN has witnessed mass retrenchments due to the financial crisis, but delegates to the Congress said a recovery is underway. The MUN has been frustrated by an American company that holds uranium mining rights because the company hinders union representation rights. 
 
Debate at the Congress also took place over a recurring issue inside Namibia&rsquo;s trade unions, that of union leaders holding decision-making positions inside enterprises or on boards. This issue has spawned conflict-of-interest charges inside many unions affiliated to the National Unions of Namibian Workers (NUNW).

Mineworkers in Namibia Elect New Leaders

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A draft report on precarious women workers has been presented to the European Parliament by Danish Social Democratic MEP, Britta Thomsen. 
 
The report expresses disappointment that EU employment law and the directives on fixed-term, part-time, and temporary agency work do not adequately address the precarious nature of employment and calls on the Commission and the Member States to take further specific legislative measures, such as introducing binding minimum social standards for employees and granting all employees equal access to social services and benefits, including maternity leave, health care, and pensions, regardless of their employment conditions. 
 
The report underlines the need for unionisation of women in precarious jobs and calls on the Member States to penalise those who create obstacles to trade union participation. 
<img alt="" src="" width="100" height="126" />
Danish Social Democratic MEP, Britta Thomsen
Member States are encouraged to combat undeclared work by means of preventive measures, such as granting immunity from prosecution to employees who report their illegal employment status and taking dissuasive action against employers. The report further calls on the Commission and the Member States to improve data collection and monitor progress in this field. 
 
The Commission and the Member States are called on to enhance their monitoring of minimum health and safety requirements in the workplace, paying particular attention to the specific risks to female workers. 
 
With regard to migrant workers, the report calls on the Commission, in its new gender equality strategy, to strengthen its commitment to promoting gender equality in migration and integration policies, in particular with a view to fully utilising migrant women&rsquo;s employment potential and encourages employers to take specific measures to facilitate the social integration of women migrant workers. 
 
Attention is drawn to the limited amount of research on the subject of precarious work and the report calls on the Commission and Eurofound to initiate targeted research in order to assess the cost of the de-skilling and welfare loss resulting from precarious employment. 
 
The report will be voted on by members of the European Parliament Committee on Women&rsquo;s Rights and Gender Equality on 10 October 2010.

Draft European Parliament Report on Precarious Women Workers

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At a side meeting in Geneva at the 2010 International Labour Conference of the ILO in June 2010, the UN Special Representative on Business and Human Rights, Professor John Ruggie, requested the ILO&rsquo;s expertise in determining the impact of precarious work on human rights. 
 
In preparing to make operational the 2008, &ldquo;Respect, Remedy, Protect&rdquo; framework, Ruggie is consulting with a wide range of actors, including through an online consultation forum. Ruggie&rsquo;s request to the ILO follows online submissions by the Global Union Federations International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Association (IUF) and the International Metalworkers&rsquo; Federation (IMF), which both highlighted the fact that CAL and other forms of precarious work are being used to undermine the human rights to freedom of association and collective bargaining. 
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John Ruggie
In its submission to the consultations, the IMF&rsquo;s statement said, &ldquo;It is our submission that precarious work threatens the very survival of stable employment and collective bargaining,&rdquo; adding, &ldquo;As with other human rights, exercise of the fundamental enabling rights of freedom of association and collective bargaining is severely constrained by fear. That fear comes from the vulnerability that employers are imposing on workers every day, in developed and developing countries alike, with the explosion of precarious work practices.&rdquo; 
 
Ruggie&rsquo;s &ldquo;Respect, Remedy, Protect&rdquo; framework is based on three pillars: it is a state duty to protect human rights abuses by third parties, including businesses; corporate responsibility to respect human rights; and that there must be greater access by victims to effective remedies, judicial and non-judicial.

UN Human Rights Special Representative Ruggie Seeks ILO Help on Precarious Work

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An agreement has been reached at the Labour Ministry of S&atilde;o Paulo, Brazil, state between BASF and the chemical workers of Guaratinguet&aacute;. The agreement aims to regulate the use of Contract and Agency Labour (CAL) and requires the company to pay the same salary and benefits to agency workers as is paid to permanent, directly-employed workers. Failure to implement the agreement will result a fine of 500 Reales per worker/per day. 
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This Guaratinguet&aacute; plant is the largest BASF entity in Latin America and has about one non-regular worker for each directly employed worker.

Brazilian Social Partners Agree on CAL Regulation at BASF

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The Americas Regional Contract and Agency labour (CAL) conference was held in Recife, Brazil, on 27 June 2010. The conference was attended by ICEM affiliates from Brazil, Argentina, Colombia, Chile, and Uruguay, as well as by ICEM General Secretary Manfred Warda, the ICEM Vice-President for Latin America, Sergio Novais, the ICEM Women&rsquo;s Officer and Latin America Contact Person, Carol Bruce, and Ashling Seely, the Global CAL Project Coordinator. 
 
Affiliates at the conference spoke about how CAL is being used to undermine freedom of association, for example with Sintracarb&oacute;n in Colombia, the ICEM&rsquo;s Mine Workers&rsquo; affiliate. Representatives from that union told how trade union activists are being transferred from permanent positions into what are known as &ldquo;rubbish contracts.&rdquo; 
<img alt="" src="" width="190" height="142" />
CAL Project Coordinator for Latin America - Rosane Sasse
Another ICEM affiliate, Sintravidricol, the Colombian Glass Workers&rsquo; Union, spoke about how workers at Owen-Illinois are being dismissed and replaced by agency workers. Affiliates also spoke about the problems of triangular employment relationships, with CAL workers not being clear on who is ultimately responsible for their working conditions. 
 
Participants exchanged information on the increasing efforts being made to halt the outsourcing of employment and abusive use of short-term contracts. For example, the Union of Rubber Workers of S&atilde;o Paulo, representing 26,000 workers, is attempting to negotiate a collective agreement clause prohibiting outsourcing in the manufacturing sector. 
 
In Brazil&rsquo;s oil sector, more than two thirds of the workforce is outsourced. The Single Federation of Oil Workers (FUP) has held several debates, regional and national meetings in various regions of the country, to raise awareness of the negative impact of CAL. The umbrella federation of oil workers&rsquo; unions at state-owned Petrobras has also worked with its affiliated organisations to encourage them to restructure in order to improve the full involvement of outsourced workers in their unions. 
<img alt="" src="" width="214" height="160" />
ICEM General Secretary Manfred Warda
ICEM&rsquo;s Warda concluded the meeting, saying that governments must be made aware that ILO Conventions apply equally to contract and agency workers, and that, where there are obstacles to full rights for CAL workers, these should be tackled with legal actions. Warda also spoke about the need to work against the practices of the World Bank and the IFC, organisations which are still advising governments that they need to create more &ldquo;flexible&rdquo; labour markets. 
 
Affiliates agreed that the day 28 July would become a day of action on outsourcing.

CAL Regional Conference in Latin America Gathers Important Case Studies

Joseph Toe is ICEM's Contract and Agency Labour (CAL) Project Coordinator for the Sub-Saharan Africa Region. He is a native of Togo.
How prevalent is the issue of Contract and Agency Labour and Precarious Work in Africa? 
 
In some cases, the proportion of temporal workers may reach 80% of the permanent workforce. Deregulation of the labour market has accelerated this process. 
 
What factors have impacted on the use of CAL? 
 
Structural adjustments imposed by the Bretton Woods institutions adversely affecting the institutional employment context at two levels: 
 
&bull; The de-regulation of the labour market and the fact cry that use of labour must become more flexible; and 
&bull; The reduction of trade union participation and the inability of civil society to effectively make its voice heard over anti-social measures advocated by lending institutions. 
The arrival of Asian investors has also disrupted the labour market in Africa and jeopardises previous social gains. 
 
What is the Sub-Saharan African ICEM CAL Project? 
 
The Sub-Saharan African ICEM CAL Project started at the end of February 2009 and covers 8 countries, Guinea, Mauritius, Mozambique, Namibia, Nigeria, Senegal, Sierra Leone, and South Africa. The selected targeted countries were all identified as nations where the issue of contract and agency labour is wide spread, but also where there are relatively strong trade unions. This means that there are possibilities of carrying out actions to achieve reasonable progress on this issue. 
 
What are the Project Objectives? 
 
The project aims to develop trade union strategies and seek best practices to address contract and agency labour related problems in Sub-Saharan Africa; it seeks to create a coherent regional coordination to address the problem; it advocates for governments to take the relevant initiatives and policies to halt the use of temporal contracts and to regulate private employment agencies; it seeks to carry out high level and specialised regional research; to have trained union negotiators on the issue of rights for contract and agency workers; to build the organisational capacities of the leadership in CAL campaigns; and to create a network for information- and experience-sharing of ICEM affiliates on the issue across the region. 
 
The training is based on a number of simple and practical tools designed from examples taken from around the world. At the end of each session, a plan of action is developed on the future actions to be carried out at the national level in synergy with other GUFs&rsquo; affiliates, and guidelines are defined to be included in the ICEM Global Campaign on CAL. In order to implement the national plan, a monitoring mechanism, which is part of the plan of action is defined, and the officers in charge of its implementation are appointed. 
 
Trade union action is indispensable to neutralising the development of outsourcing and temporal employment, particularly as it is crosscuts and affects all trade and industrial sectors. Sub-Saharan African countries are seriously affected by this problem and are reacting in order to stem and/or reduce the adverse effects. The Sub-Saharan African ICEM CAL Project also encourages and assists unions in: 
 
&bull; Building trade union organising and negotiating capacity; 
 
&bull; Institutionalising sector-based negotiations and reinforcing trade union unity of action, which is necessary to combat outsourcing, labour brokering, and contract agencies. It fights for the regulation of employment agencies and recourse to outsource, and to be involved in that redress process; 
 
&bull; Reinforcing solidarity between temporary and permanent workers; 
 
&bull; Training those who organise temporary workers; 
 
&bull; Negotiating collective agreements which include clauses on the systematic recourse to outsource and use casual labour with regard to the improvement of the working conditions and the reduction of the consequences of casual labour; 
 
&bull; Campaigns for the transformation of casual labour into permanent employment; 
 
&bull; Develops strategies for CAL workers, with the emphasis on decent work and inclusion of gender and race in those strategies; 
 
&bull; Organising campaigns and lobbying at national and international levels against casual labour, and developing plans of action aimed at ridding this phenomenon in the Export Processing Zones (EPZ); 
 
&bull; Carrying out studies on the consequences of outsourcing and contract labour agencies within the context of worsening disparities and inequalities of the social strata. This means addressing the Millennium Development Goals 2015, the 2007&ndash;2015 Decent Work Agenda in Africa; the Poverty Reduction Strategy Paper (PRSP), Sustainable Human Development Programme, and the Tripartite and Social Dialogue Principles which serve as the basis of ILO. 
 
Casual employment affects positive labour values, which develop, distinguish, and socialise the human being.

Interview: Joseph Toe, CAL Project Coordinator, Sub-Saharan Africa Region

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The government of Zambia bent to the will of the country&rsquo;s two major mining unions, including ICEM affiliate Mineworkers Union of Zambia (MUZ), to investigate and remedy the anti-Zambian outsourcing policies planned by Anglo-Indian Vedanta Resources at several of its Konkola Copper Mines (KCM) operations. 
 
That government intervention did achieve the desired results, since KCM has now rescinded its plan to outsource major operational activities at its Nchanga mines, Chingola Copper concentrator and open pit mines, and the Nampundwe refractory to foreign contractors. 
 
On 24 August, a tripartite dialogue consisting of the Labour and Mines Ministries, Vedanta&rsquo;s senior executives, and the MUZ and the National Union of Miners and Allied Workers (NUMAW) produced an agreement that should deploy more Zambians to the country&rsquo;s mines and resource processing plants.
<img alt="" src="" width="180" height="169" />
MUZ President, Rayford Mbulu&nbsp;
The agreement caused cancellation of a mass demonstration at mine sites and other locations by the MUZ and NUMAW for 28 August. 
 
According to Labour and Social Security Minister Austin Liato, the compromise with firstly, &ldquo;on outsourcing, which has threatened a number of (local) jobs, it has been agreed that the issue will be stalled and the two parties shall engage each other before any decision is made. 
 
&ldquo;Then secondly, on the vice president human resources, who is about to retire, it has been concluded&nbsp;that the position will be advertised&rdquo; within Zambia. Both the government and civil society, including the Zambia Institute of Human Resource Management, was livid that Vedanta was about to hire another foreign national in this position. 
 
The outsourcing and offshoring issue between Zambian mining unions and Vedanta had become pitched in August, particularly at a time when Vedanta is greatly expanding many of its copper-producing facilities. 
 
The outsourcing issue at KCM became especially exasperated when a mining boss at the Chingola mine &ndash; operated by the Brazilian contractor U &amp; M Mining &ndash; refused to allow the deputy minister of Labour and Social Security onto the mine to inspect labour conditions. 
 
In the days before the tripartite meeting, KCM attempted to resolve the dispute by offering any worker affected by outsourcing to transfer to the contract employer at equal pay and the same pension contributions, transfer to one of two other KCM operations, or voluntary separation under existing conditions of service. But that was unsatisfactory to the unions. 
 
KCM is 20% owned by the Zambian government. In 2009, over 80% of Zambia&rsquo;s foreign exchange earnings and 15.9% of its GDP came from copper mining. The ICEM Secretariat commends Sub-Saharan African Regional Vice President Rayford Mbula, President of the MUZ, for his leadership and vigilance on this issue with both the government and Vedanta.

Planned Outsourcing by Vedanta inside Zambia’s Copper Belt

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Draft legislation in South Africa on whether to ban labour brokers or to increase regulation on enterprises that supply workers to businesses is stalled in the government, with the likelihood that revisions to the Labour Relations Act (LRA) on this key national issue will not be heard in Parliament by year end. 
 
Four draft bills were submitted to the Cabinet in May, but have been returned to the Labour Ministry for language revisions. Even after the Cabinet accepts the draft amendments to the LRA, including revising Section 198 (temporary employment services), they must still go the National Economic Development and Labour Council (NEDLAC) for review, and then to public comment before the full Parliament takes up South African labour law revisions. 
<img alt="" src="" width="200" height="92" />
Besides whether or not to ban labour brokers, the proposed legislation is expected to prohibit discrepancy in wages and working conditions between temporary and permanent workers, provide protection against unfair dismissals during probation periods for workers, provide more government labour inspectors to investigate abuses, harsher fines on abusive companies that are linked to their annual turnovers, and impose extended liability on primary employers when abuses occur. 
 
The major employer federations that cover staffing companies in South Africa, namely the Association of Personnel Service Organisations (APSO) and the Confederation of Associations in the Private Employment Sector (CAPES), are taking a pro-action position that some type of legislation must pass. 
 
But these groups are lobbying for tighter regulation of the more nefarious side of the industry, believing that there is abusive practices by unscrupulous labour brokers that must be stopped. 
<img alt="" src="" width="100" height="102" />
Labour unions in South Africa, however, led by the Congress of South African Unions (COSATU), are holding firm that a complete ban is necessary. The unions have made it a rule to inject the ban language on labour brokers in their collective agreements, and several employers have agreed to the ban. 
 
In the ten-day strike in August between the National Union of Metal Workers of South Africa (NUMSA) and the Automobile Manufacturers Employers Association (AMEA), representing BMW, Ford, General Motors, Nissan, Toyota, and Volkswagen, the two sides agreed to the ban. It takes effect on 1 January 2011, with the exception of pre-existing labour broker contracts, which will be permitted to run their term. 
 
Regarding the legislation, Minister of Labour Membathisi Mdladlana made it clear while speaking at a labour law conference in mid-August that labour brokering in the country will definitely get a revamp with the objective of creating decent jobs. 
 
He told labour lawyers present that the notion of treating labour as a commodity must halt. &ldquo;We must stop this thing of selling labour,&rdquo; Mdladlana stated.

Labour Broker Law in South Africa Stalls, For Now

Despite two full days of bargaining between ICEM affiliate, the National Union of Metalworkers of South Africa (NUMSA), and the New Tyre Manufacturing Employers&rsquo; Industry Association (NTMEIA) on 16-17 September, no accord was reached to end the three-week old strike. Some 6,000 rubber workers have been on strike at six tyre factories operated by four employers since 29 August. 
 
Today in Port Elizabeth, 4,000 NUMSA members from tyre plants in the Eastern Cape will march in protest of rapt division among employers in this year&rsquo;s wage talks. They will present a petition to management at the plant gates of Bridgestone-Firestone in Port Elizabeth this afternoon.
The 20-million-member International Federation of Chemical, Energy, Mine, and General Workers' Unions (ICEM), based in Geneva,&nbsp;continues its support&nbsp;for striking rubber workers in South Africa, and endorses today's mobilisation in Port Elizabeth.&nbsp; 
 
In last week&rsquo;s talks guided by an independent mediator in Port Elizabeth, management of the Japanese-based company continued to deviate widely from the wage offers put forth by other tyre companies associated with the NTMEIA. While Continental, Goodyear, and Apollo-Dunlop of India placed on the table a three-year package containing wage increases of 9%, 7.5%, and 7.5%, Bridgestone-Firestone&rsquo;s offer was 7%, 5%, and 5%. 
 
Rubber workers of NUMSA are willing to accept a three-year pact, but their wage expectations are 9% in each of the three years. In addition, they seek a modernized wage module that will lift the salaries of workers who have been stuck at minimum levels for as long as 10 to 15 years. 
 
Another key issue at the bargaining table revolves around the use of labour brokers. Although the NTMEIA will not agree to a ban, it has conceded to pay contributions for short-term and temporary workers into the Provident Fund, as well as make retirement and medical payments for them. The South African tyre industry employs about 1,000 such workers. 
 
Also last week in South Africa, 70,000 NUMSA members across the country returned to their jobs at fuel retail outlets and auto component shops. On 14 September, NUMSA convened a special National Executive Committee meeting, where eight of nine regional structures of the union agreed to accept terms of the Retail Industry Motor Association and the Fuel Retailers&rsquo; Association, ending strikes that began on 1 September. 
 
The three-year contract for filling station attendants includes wage gains of 10%, 9%, and 8%, while auto-parts workers will receive 9%, 8%, and 8%. NUMSA did achieve a solid breakthrough regarding labour brokers, particularly in these sectors in which several employers are totally reliant on staff provided by outside hire firms. 
 
The agreement calls for all labour brokers to be registered by one of two certifying agencies, and all staff of labour brokers must receive minimum rates of pay inside the two industries as well as getting the same benefits and condition of employment. In addition, the negotiated settlement calls for the gradual phase-out of labour brokers, with a cut to 35% of current levels by the year 2013.
For further information, contact Dick Blin, ICEM Information&nbsp;Officer, <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, or +41 22 304 1842 (office), +41 79 734 8994 (mobile).&nbsp;

ICEM Continues Support for South African Tyre Strike

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