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To what extent is CAL an issue in Belarus? 
 
At the moment, there is no legislation on employment agencies &ndash; our agencies are only for matchmaking. 
 
Contract work came about a result of a Presidential Decree, which was issued in July 1999. The main purpose of the decree was to strengthen labour discipline &ndash; to use the additional contract benefits to single out the input of individual workers. The decree said it was imperative for employers to offer one to five additional holidays and salary rises of up to 50%. The law says the contract must be for a minimum of one year and a maximum of five years. 
 
However, if the employee wishes, the contract can be for less than one year. Trade unions initially opposed the decree and lobbied against it, but it took effect and the results were quite interesting; employees were standing in line to switch to (fixed term) contracts. Back then, many people saw the contract system as a benefit, they only thought of the advantages. Contracts eventually expired, some were not extended, and later people saw the disadvantages as well. At the moment, the percentage of contract workers is quite high. In the pharmaceutical and petrochemical industry, there are 94% contract workers 
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Svetlana Klochok
How is your union dealing with these disadvantages? 
 
As time moved on, there were additional legislative acts to change the contract system. Now after some years it transpired &ndash; through union efforts &ndash; that contracts must be evaluated by trade unions before they are signed. This is done to make sure that the union expert has the opportunity to compare the contract with the provisions in the collective agreement and with the labour law. In some industries, employers must extend contracts if no violations have been registered (by 3&ndash;5 years, if employees are highly skilled). 
 
We had to take some employers to court when they failed to renew the contracts. Trade union legal inspectors monitor contracts around the country on an annual basis. In terms of improvements, we have helped to achieve a raise of 30-50% for most people, newcomers have one year contracts, but those with experience have longer contracts. 
 
Our objective is to switch people to open ended employment. There is also a legal mismatch according to the new decree &ndash; the employer can switch any worker to an open-ended contract but there&rsquo;s nothing that says they can retain their wages. Mothers with children under the age of five are entitled to five-year contracts, or their contract must be renewed until their child reaches the age of five. 
 
What impact has privatisation had on the use of short term contracts? 
 
If a foreign firm operates here, they have to adhere to Belarusian labour law. But it is possible for them to sign one-year contracts, this is not illegal. The worst thing with private companies is the short term of their contracts. 
 
There are many mechanisms and avenues of influence that we are continuing to explore. There are new private companies where the salary is pretty good, but the employer doesn&rsquo;t want workers to join a union. 
 
Why is CAL a priority for your union? 
 
Trade union people must forecast the future and imagine what could happen here &ndash; we should forecast the blows of the future. 
 
How can the ICEM CAL project assist you in dealing with these issues? 
 
We need information we get at seminars like this, we need to know about the mechanisms unions elsewhere are using. We need arguments to contradict some of what we hear. 
 
We are grateful for the solidarity of the ICEM. In Belarus, we don&rsquo;t have agencies but the world may change and we have to be ready.

Interview with Svetlana Klochok, Chairperson, Belarusian Chemical, Miners and Oil Workers’ Union

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Actrav&rsquo;s biennial symposium was held from 4-7 October 2011 at the ILO in Geneva, and was devoted to exploring Contract and Agency Labour (CAL) and other forms of precarious work. Over 100 unions from around the world participated in the symposium, including ICEM affiliates and experts from Asia, Africa, Latin America, and Africa. 
 
Participants analysed the use of CAL around the world, the impact of the degeneration of permanent employment on the rights of workers, and what steps must be taken to mitigate these impacts. 
 
Participants agreed that combating precarious work requires a comprehensive policy response that includes economic, fiscal, and social policies geared towards full employment and income equality, a regulatory framework to reduce and ultimately eradicate precarious work, and greater efforts to empower workers by promoting the extension of collective bargaining. This will ensure that all workers can access and exercise their right to associate and to bargaining collectively, freely, and without fear. 
 
Basic income security through a universal social protection floor and minimum wages globally are indispensable to limit precarious and indecent employment and living conditions, as well as policies to combat the erosion of the employment relationship. 
 
The symposium drew attention to the vital role the ILO must play in providing a regulatory framework to stop the growing circumvention of labour and social protections through precarious employment arrangements. The conclusions call on the ILO to produce a Law and Practice Report and convene an ILO expert meeting on obstacles to collective bargaining for precarious workers. They also recommend increasing efforts to implement the Employment Relationship Recommendation 198 and other relevant ILO standards. 
 
A copy of the <a href="http://www.ilo.org/actrav/what/events/lang--en/WCMS_153972/index.htm ">Symposium&rsquo;s conclusions</a> as well as all documents relating to the Symposium can be found here.

Unions from Around the World Ask ILO to Take Action on CAL

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The union representing permanent and contract workers at PT Cussons in Tangerang, Indonesia, has managed to negotiate permanent positions for 110 contract workers. 
 
Since the beginning of 2011, the union has been active in training contract workers and, out of a total of 200 contract workers, 118 joined the union. PT Cussons management refused to extend the check-off system to contract workers, so these workers pay their dues manually. 
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Union Chairman Sasmita
On August 2011, the company announced it would end the contracts of 200 fixed term workers without making any severance payments. The union challenged the company decision, drawing attention to the fact that the contracts contravened Indonesia law by explicitly stating that during a fixed-term contract it was forbidden to be married or to become pregnant, and those workers who did so would be deemed to have resigned without severance pay. 
 
After two weeks of negotiations and pressure from union members, the company finally reversed its decision. They arranged placement tests for the 200 contract workers. Out of 200 workers, 110 have become permanent staff since August 2011. Sasmita, the Cusson Union Chairman, said, &ldquo;We were satisfied with the result, but yet we still had to struggling for all the contract workers to be permanent.&rdquo; 
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Union officers of Cussons in Union Office
According to Sasmita, the company has ceased using contracts with discriminatory language and now contract workers can marry and become pregnant without fear of being terminated. &ldquo;Those contract agreements &hellip; no longer exist, and we keep our eye (out) to make sure that the company (does) not use (them) anymore,&rdquo; he added. 
 
The 110 workers now enjoy health insurance and benefits. Tuti, one of the workers said, &ldquo;Now I am not worried again about my future, (to) become permanent workers is my dream, although still (there is) a long way to go for me together with the union to fights for the welfare of the whole workers in Cussons.&rdquo;

From Contract to Permanent Work: Victory at PT Cussons Indonesia

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The Sub-Saharan Africa arm of ICEM&rsquo;s Contract and Agency Labour (CAL) Project held its regional conference in Accra on 25-26 October 2011. Next month marks the end of the first phase of the project, which began in 2009 with the support of Finnish solidarity organisation SASK, and Finnish trade unions TEAM and PRO. This CAL Project, coordinated by Joseph Toe, has been a great success in bringing CAL to the fore of trade union work in the project countries. 
 
Participants spoke about the various approaches, challenges and successes they had experienced over the three years of the project. 
 
A number of unions participating in the project have driven the adoption of legislation and industry guidelines on the use of CAL. In Senegal, for example, an innovative campaign by ICEM affiliate Sutids led to the signing of the President Decree to regulate short-term employment. This law limits the duration of a short-term contract to two years; makes the user-enterprise responsible for working conditions, as well as for salary obligations should the agency &ldquo;fail&rdquo;; requires that CAL workers must enjoy the same working conditions as similar workers at the user enterprise; and provides for the short-term worker, at the end of his or her contract, to receive a severance pay equal to 7% of the total gross remunerations paid since the start of the contract. 
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PENGASSAN General Secretary Bayo Olowoshile 
In Nigeria, ICEM affiliates NUPENG and PENGASSAN have worked closely together to raise awareness of CAL with the government, including through a three-day warning strike. Following pressure from the unions, the Ministry of Labour and Productivity convened a technical tripartite working group to review how CAL was being used in the oil and gas industries. This engagement led to the adoption of the Nigeria Guidelines on Labour Administration issues in Contract Staffing/ Outsourcing in the Oil and Gas Sector. These guidelines, according to PENGASSAN General Secretary Bayo Olowoshile, set the minimum standard for using CAL and are the first of their kind in any sector in Nigeria. 
 
Other unions reported a reversal of declining membership figures since efforts were focused on recruiting CAL workers and achievements in gaining permanent status for CAL workers. In Mozambique, about 400 workers have moved from CAL to indefinite contracts as a result of the work of the work of ICEM SINTIQUIAF. The union has also managed to recruit 360 CAL members. In Mauritius, from 2009-2011, a total of 3,000 contract workers joined ICEM affiliate CMCTEU. With the help of the CAL campaign, the union redefined its strategy to organise and bargain on behalf of contract workers, migrant workers, and workers in the informal economy. This included a decision to reduce the union&rsquo;s membership fees from Rs 50 to Rs 1 (one symbolic rupee) for the most vulnerable CAL workers. CMCTEU demanded that the government review the Domestic Workers Remuneration Order, which had been static for 25 years. This review led to domestic workers gaining an increase of 110% in salary, as well as other gains such as holiday leave, wedding leave, and end of year bonuses. 
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In South Africa, ICEM affiliate CEPPWAWU, with the support of an international delegation organised as part of the implementation of ICEM&rsquo;s Global Framework Agreement, encouraged Umicore in South Africa to change its practices with regard to CAL. Umicore signed an agreement stating that all new work contracts will be on a permanent basis, with all ensuing social protections. Unions participating in the conference declared that targeting multinationals must be a key component of future work on CAL and committed to increasing cross border trade union cooperation in this respect.

Sub-Saharan Africa Region Conference Reviews 3 Years of CAL Work

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A three-week strike by 4,000 members of the National Union of Metalworkers of South Africa (NUMSA) spilled into the streets of Johannesburg this week, as workers at Xstrata&rsquo;s Boshoek and Wonderkop ferrochrome smelters near Rustenburg took a protest to the Swiss company&rsquo;s Alloys headquarters. NUMSA members presented a petition to company managers demanding wage parity with workers employed at the Xstrata Lion ferrochrome smelter in Tubatse, Mpumalanga province. 
 
Both operations are undergoing big expansions. Xstrata owns 79.5% of the ferrochrome complexes in South Africa, while publicly-listed Merafe Resources holds a 20.5% stake. Both companies also mine chrome in South Africa. 
 
The strike by NUMSA in the North-West province began on 24 October after conciliation efforts by the country&rsquo;s Commission for Conciliation, Mediation, and Arbitration (CCMA) failed. NUMSA and Xstrata Alloys met two days earlier, but a revised pay offer by the company fell short and workers rejected it. 
 
NUMSA is seeking an immediate 10% pay increase for Boshoek and Wonderkop metalworkers and a reduction of job grading systems from eight to five. That would close the wage gap with workers at the Lion smelter and equalize the grading system. Currently, Boshoek and Wonderkop workers earn 14 to 39% less than at Lion, depending on pay grades. 
 
NUMSA is also seeking a housing allowance of R3,500.
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&nbsp;NUMSA President Cedric Gina (rear) has&nbsp;Xstrata's Edwin Hlatshwayo&nbsp;Sign Receipt of Petition
The petition handed to Xstrata Alloys management on 15 November states: &ldquo;(The company) has angered workers and instead of focusing on negotiations, they have decided to apply cheap apartheid-era tactics of bashing members through police intimidation of the strike. NUMSA is very angry that workers who went on a legal and protected strike have been treated like common criminals.&rdquo; 
 
NUMSA President Cedric Gina and Congress of South African Trade Unions (COSATU) Second Deputy Vice President Zingiswi Losi led the march and handover of the petition. The petition asks the company to respond within 48 hours. 
 
Xstrata is world&rsquo;s largest producer of metal alloys, which besides ferrochrome includes vanadium and platinum, and accounts for one-third of total global production. The Boshoek smelter is currently seeing an expansion that will lift production to 240,000-tonnes-per-year by the end of next year. A second smelter, meanwhile, is now being constructed at the Lion operation that will see production double from the current 360,000 tonnes when it goes on line in the first half of 2013. 
 
The Xstrata-Merafe joint venture in South Africa will then yield 2.3 million tonnes yearly of ferrochrome, which is used in stainless steel production.

NUMSA Protests Pay Disparities at Xstrata’s Chrome Smelters

ICEM WOMEN’S BULLETIN

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US-based Cooper Tire and Rubber surprised rubber workers and their union, the United Steelworkers (USW), by rejecting good-faith efforts to extend a labour agreement and locking 1,050 USW members off their jobs at a tyre factory in Findlay, Ohio. 
 
The lockout against USW Local 207L started on 28 November after workers rejected a concession-laden three-year proposal by a 606-305 vote the day before. The USW then offered to extend the agreement that had expired on 31 October, but Cooper responded by imposing the lockout. 
 
At the weekend, the company said it intended to take 30 days to re-start production using managers and temporary replacement workers. A senior manager of the US&rsquo;s fourth largest tyre-maker predicted full production in Findlay by then. The company statement is seen as a direct affront to unionized rubber workers at another US Cooper&rsquo;s tyre plant, in Texarkana, Texas. 
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USW Local 752L in Texarkana currently is in bargaining with Cooper over a labour agreement that expires early in 2012. The 1,500 workers there have given union leaders a strike mandate through a vote. Bargaining in Findlay saw USW Local 207L not take a strike vote, making last week&rsquo;s lockout unprovoked and a harmful retaliatory action by Cooper. 
 
The lockout is also a bitter stab at USW&rsquo;s rubber workers who assisted the company in gaining US trade Section 421 protections against dumping of tyre imports into the US by China. In 2008, in the midst of the US debt crisis that crippled American manufacturing, Local 207L members granted US$30 million in contract concessions to Cooper to keep it operating. 
 
The ICEM condemns the lockout for these reasons, and the fact that it now seeks more givebacks from Findlay&rsquo;s steelworkers at a time when it has resumed bonuses to executives. Cooper operates seven manufacturing plants, including former Avon Tyre factories in the UK, and start-up plants in Mexico and joint ventures in China.

Cooper Tire and Rubber Locks Out Steelworkers at Ohio Factory

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Some 6,000 members of the Pascagoula Metal Trades Council &ndash; four US union organisations &ndash; have an early three-year contract extension with shipbuilder Huntington Ingalls Industries at work-yards in the state of Mississippi. That came off because of a 60% ratification vote by unionised workers on 1 December. 
 
Huntington Ingalls, a spin-off of major US defense contractor Northrup Grumman, builds and maintains the US Navy&rsquo;s surface combatant fleet at Pascagoula, a coastal city on the Gulf of Mexico. 
 
The agreement covers workers who are members of the International Brotherhood of Electrical Workers (IBEW), the International Association of Machinists &amp; Aerospace Workers (IAM), the Office Professional Employees Union (OPEIU), and a security workers&rsquo; union, and comes four months before the March 2012 expiry of the current agreement. 
 
Journeymen workers will see a US$.60-per-hour rise in their base wage on 9 January 2013, with another US$.60 coming a short two months later on 11 March. Effective 10 March 2014, a US$.70-per-hour increase will occur. 
 
Workers will receive a one-off US$1,000 payment early in 2012 to forego a 2012 cost-of-living adjustment but the COLA will return in the other years. Workers will absorb some increases in their health care insurance coverage in the new pact. 
 
Huntington Ingalls is a major contractor to the US Navy and Coast Guard and besides Pascagoula, where it is responsible for 70% of US surface fleet, it operates the Newport News, Virginia, shipyards, where it builds both nuclear and non-nuclear ships and submarines for the US government. It also controls AMSEC LLD and Continental Maritime of San Diego (CMSD). 
 
Huntington Ingalls is currently partnering in Newport News with French nuclear specialist Areva in building a US$360 million facility for construction of heavy components used in nuclear reactors.

Shipbuilders at Pascagoula, US Mississippi, Ratify 3-Year Contract Extension

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Settlement was reached on 25 November to end the conflict between ICEM affiliated Sintracarb&oacute;n and Glencore subsidiary Prodeco SA in northern Colombia. ICEM reported two weeks ago the <a href="/en/78-ICEM-InBrief/4783-Sintracarb%C3%B3n-Launches-Strike-at-Glencore-s-Calenturitas-Mine-in-Colombia">resounding vote to strike</a> by 1,200 miners after repeated efforts to bargain with company management toward a new collective agreement failed.&nbsp; 
 
The Calenturitas mine is located in Cesar department&rsquo;s La Jagua de Ibirico municipality. 
 
The strike lasted nine days, with all Colombian ICEM affiliates present at the picket, Sintraelecol, Fenaltec, Sintracarcol, Sintravidricol, USO and Sintracarbon. Worker unity, in face of concerted company efforts to intimidate and harass, led to agreement on a new contract set to last two years. Operations at Calenturitas were resumed in the afternoon of 25 November after the signing, while at the same time ICEM affiliates gathered for the ICEM Congress in Buenos Aires were planning international solidarity efforts to support the strike. 
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Prodeco Picket
Workers achieved a salary increase of 1.5% above the consumer price index and a settlement bonus of 1.5mn pesos (US$773) per worker. The agreement benefits all employees of Prodeco, strengthening their rights association, collective bargaining, and right to strike. And importantly the agreement improves job security. 
 
The effective strike caused the company to lose more than 30,000t/d of coal production, according to reports. 
 
As is almost always the case in labour disputes in Colombia, the Ministry of Labour made clear that if pushed they would declare the strike illegal, empowering the courts to disregard the collective will of mineworkers at Calenturitas. 
 
Calenturitas produces over five million tonnes of coal a year. Prodeco produced 10 million tonnes of coal in 2010 and aims to increase production to 19.9 million tonnes in 2013 and 20.7 million tonnes in 2015. 
 
For every 100 pesos of Prodeco&rsquo;s cost structure, only 5 pesos are spent on their payroll.

Colombia Prodeco Mine Dispute Settled

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The ICEM has extended support to Colombian mine union affiliate Sintracarb&oacute;n and 1,200 miners who began strike action on 17 November against Swiss-based Glencore International. The strike at Colombia&rsquo;s third largest coal mining company, Glencore subsidiary CI Prodeco, broke out at the firm&rsquo;s Calenturitas mine in northern C&eacute;sar department over management intransigence in coming to a collective agreement that would grant just pay awards, benefits, a promotion schedule and job security. 
 
The La Jagua de Ibirico municipality branch of Sintracarb&oacute;n gave a list of demands to Prodeco on 21 September and the two sides began the legally required bargaining on 3 October. But after the mandatory 20 days of talks ended on 22 October, management cut off dialogue and announced it would unilaterally implement a previous set of work rules as a collective agreement for a five-year period. (See <a href="/en/78-ICEM-InBrief/4734-Sintracarbón-Fights-Glencore-Subsidiary-in-Colombia ">ICEM report</a> from last month.) 
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Sintracarb&oacute;n then presented workers two options in a vote at the open pit mine: to strike or turn the dispute over to a government arbitration tribunal. Despite Prodeco&rsquo;s harassment and intimidation at polling areas, including trying to block union leaders from conducting the vote, 97.4% of miners voted to strike, while 2% chose arbitration. 
 
Last week&rsquo;s walkout will cripple production by 30,000 tonnes per day. Prodeco was expected to mine five million tons of coal this year from the seven-year-old Calenturitas mine, and another 8.8 million tonnes from the La Jagua open pit mine, an operation that saw a 39-day strike from June to August 2010 by non-affiliated Sintramienergetica. That strike saw miners get a two-year labour agreement. 
 
Glencore has posted excellent results from both thermal coal operations and is on line to increase combined production to 19.9 million tones annually by the end of 2013, and to 20.7 million by 2015. Calenturitas has total deposits of 122 million tones, while La Jagua has contains 133 million tonnes.

Sintracarbón Launches Strike at Glencore’s Calenturitas Mine in Colombia

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