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For the second straight year, trade unions representing over a quarter of the 10,500 UK workers in publicly-traded electric and gas company National Grid have voted to take industrial action. Some 3,000 union members of Unite, Prospect, and Unison balloted overwhelmingly to take action short of a strike due to an inferior 2010 pay offer by National Grid. 
 
Following talks last week that saw the London-based company only reduce from three years to two its wage offerings, industrial action that would include work-to-rule and a ban on overtime could begin by month&rsquo;s end. The current dispute is the second year running that profitable National Grid has proposed wage hikes below UK&rsquo;s retail price increase. 
 
In 2009 pay talks, unionised National Grid workers balloted affirmatively for strike action, but labour and management agreed to a 1.3% increase before the industrial activity could begin. In talks this time, National Grid initially put forth a three-year pay offer of 2.5%, 2.25%, and 2.25%, still below inflation. 
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On 12 January, the company revised its pay proposal by offering a two-year deal of 2.5% and 2.25%, but continues to insist on certain conditions attached to the increases. The unions are seeking a one-year wage deal from 2010. 
 
In early January, the 750 mainly electrical transmissions workers that are represented by Unite the Union voted by 94% for industrial action. Grid system engineers, gas operations engineers, and field engineers, represented by Prospect and numbering 1,000, then voted by 95% for the overtime ban and work-to-rule, which means performing only the minimum level of work as specified in contracts. The 1,200 Unison members, mostly gas workers, also voted by a wide margin for industrial action. 
 
National Grid posted a 12% increase in pre-tax profits and shareholders saw an 8% increase in dividends in the first half of 2010. About the same period that unions were voting for industrial action, on 6 January UK energy regulator Ofgem levied a &pound;8 million fine on National Grid for reporting completion of gas pipe maintenance work that was imposed by the government&rsquo;s Health and Safety Executive (HSE). In fact, that maintenance work had never been done. 
 
It was the second big fine in two years by Ofgem against in National Grid. In 2009, the company agreed to pay a reduced a fine of &pound;15 million for misreporting maintenance work.

Three UK Unions on Verge of Industrial Action at National Grid

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In Australia on 5 January, the Tasmanian Supreme Court struck a blow to mining and metals giant Rio Tinto&rsquo;s and delivered a victory to workplace safety and health compliance. The court denied Rio&rsquo;s appeal to block a trade union from entering a worksite to meet with staff over health and safety issues. 
 
The company had filed the appeal with the state high court to prevent representatives of the Australian Workers&rsquo; Union (AWU) from meeting in a lunch area with aluminium workers at Rio Tinto/Alcan&rsquo;s Bell Bay smelter. The AWU represents some 600 workers at the 180,000-tonne-per-year aluminium smelter, located in Launceston in northern Tasmania. 
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In late November 2010, the AWU gave legal notification under the state&rsquo;s Workplace Health and Safety Act to Rio Tinto of its intent to enter break areas to &ldquo;discuss health and safety issues with workers during a meal or other break.&rdquo; Following the company&rsquo;s refusal, both Tasmania&rsquo;s Inspector of Workplace Standards and the state&rsquo;s Solicitor General determined that AWU had that right. 
 
But Rio Tinto appealed the Solicitor General&rsquo;s decision, only to have Tasmanian Supreme Court Justice Alan Blow deny the company&rsquo;s appeal. Within minutes of the judge&rsquo;s decision on 5 January, the AWU was on its way to meet with workers employed in an industry notoriously rife with respiratory hazards. 
 
AWU National Secretary Paul Howes criticised the company for attempting to use its power and money in its litigious way to stop independent health and safety oversight. The AWU &ldquo;has successfully fought what clearly looks like a conspiracy by (Rio Tinto) to act as if Australian workplace health laws do not exist,&rdquo; he said. 
 
The case hopefully will become a precedent for other Australian state inspectors to fulfil safety laws by allowing union representatives to discuss safety issues with workers in break room areas.

Court Tosses Rio’s Australian Appeal on Safety ‘Right-of-Access’

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The spate of horrid flooding in the Australian state of Queensland has brought out the best in Australian trade unionism. Nearly all unions have either dedicated money to one relief agency or another, with some setting up their own benevolent funds to assist those in need. 
 
The Mining and Energy Division of the Construction, Forestry, Mining, and Energy Union&rsquo;s (CFMEU) Central Council on 12 January authorised A$250,000 to help families caught up in the devastating Queensland floods. 
 
&ldquo;The donation is our first step in providing hands on relief,&rdquo; stated Energy and Mining General Secretary Andrew Vickers, who also serves as Chairman of ICEM&rsquo;s Mining Sector. &ldquo;Queensland and all of Australia will be affected by these floods as coal production grinds to a halt. The union will be there every step of the way supporting workers and communities.&rdquo; 
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The Queensland branch of the Australian Manufacturing Workers&rsquo; Union (AMWU) has established a fund and kick-started it with A$20,000 in seed money. The funds will go to the <a href="http://www.qld.gov.au/floods/donate.html ">Queensland Premier&rsquo;s Flood Relief Appeal</a>. 
 
&ldquo;This is an important way for our large union membership to show solidarity and make a positive difference to the devastated communities,&rdquo; said State Secretary Andrew Dettmer. &ldquo;The floods have had an impact on tens of thousands of AMWU members, their homes and workplaces in Rockhampton, Brisbane, Toowoombia, and throughout the south-east and Central Queensland. 
 
Donations to the AMWU fund can be made to: AMWU Disaster Appeal Account; Bank: NAB; BSB: 082 057; Account Number: 188 989 948. 
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As of last week, members of the Australian Workers&rsquo; Union (AWU) have collectively donated A$100,000 to the Queensland Premier&rsquo;s Flood Relief Appeal. In addition, the AWU federal office has contributed A$50,000 and the Victorian branch of the union also has donated. The AWU&rsquo;s Queensland branch office was closed for a week due to the floods, and only reopened today. 
 
The Maritime Union of Australia (MUA) has established the Australia Flood Appeal Fund, with both the national office and the Queensland branch each seeding A$5,000 into the fund. The MUA has many port workers and seamen affected since the Port of Brisbane was shut last week, with vessels directed out to sea. 
 
The MUA&rsquo;s Appeal Fund for international money transfers: MUA-General Fund; Bank: Maritime Mining and Power Credit Union, George Street, Haymarket, NSW 2000, Australia; BSB Number: 062-006; Account number: 10001 0464; CBA Swiftcode: CTBAAU2S.

Australian Unions Give Generously to Flood Relief in Country

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Industri Energi (IE), one of ICEM&rsquo;s Norwegian affiliates, announced opening of the nomination process for the Second Annual Arthur Svensson International Award for Trade Union Rights. The prestigious award comes with a cash prize of NOK 500,000 (&euro;65,000) and is awarded to a person or organisation for contributing greatly to promoting trade union rights and the strengthening of trade unionism on both international and national levels. 
 
Nominations are due by 1 March 2011, and can be made by Norwegian trade unions, by trade union affiliates associated with global unions, or the global unions themselves. A nomination must contain a solid justification for the candidate, make clear who is nominating the candidate, and spell out the nominator&rsquo;s relationship with the candidate. 
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Arthur Svensson
In 2010, Wellington Chibebe, the General Secretary of the Zimbabwe Congress of Trade Unions (ZCTU), was awarded the prize at IE&rsquo;s Congress in Oslo in October. (See the ICEM news article <a href="/en/78-ICEM-InBrief/4056-Zimbabwe’s-Wellington-Chibebe-Receives-First-Norwegian-Labour-Prize">here</a>.) The 2011 award winner will be announced on 16 June. 
 
The award is named after Arthur Svensson, a long-time leader of Norsk Kjemisk Forbund, the Norwegian Chemical Workers&rsquo; Association, which merged in 2006 with NOPEF to create IE. Svensson died in 2008, but left a legacy in Norway and beyond as a man who promoted global peace, disarmament, and a nuclear weapons-free world. 
 
He was also a driving force from his union leadership position in developing Norway&rsquo;s environment law, and a strong proponent of clean energy to drive clean industries. But first and foremost, he was a dedicated trade unionist, maintaining membership in LO-Norway for 61 years, the final 48 of those years with the Chemical Workers. 
 
Nominations can be e-mailed or faxed to Svensson Award Committee Chairperson <a href="http://liv.undheim@industrienergi.no">Liv Undheim</a>, fax no. +47 23 06 13 60. Further information on the award, in English, can be found <a href="/wp-content/migration/icem/1101.arthur%20svensson%20flyer%20EN.pdf ">here</a>.

Industri Energi’s Second Arthur Svensson Union Rights Award Opened

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Union members of United Steelworkers (USW) Local 9508 in the Canadian province of Labrador / Newfoundland last week voted by 80% to accept the recommendations of a government Industrial Inquiry Commission to end an 18-month strike and return to work. But the conciliatory move won&rsquo;t get the 124 copper and nickel miners any closer to their jobs. 
 
Their employer, Brazilian-based Vale rejects the report&rsquo;s recommendations out of hand, findings that were drawn up by a neutral commission the company actually embraced three months ago. 
 
The independent commission presented the two sides with its first report &ndash; recommendations to settle the dispute &ndash; at the end of 2010. The report&rsquo;s findings caused Vale to initiate a call to Local 9508 for resumption of bargaining, which occurred in remote Goose Bay, Labrador, on 5-6 January. But the company walked away from talks on the second day after disagreeing with the term length of a renewal agreement. 
 
In talks last October, just days before former provincial Premier Danny Willams established the commission, Vale sought a three-year term, while the USW wanted five years from the August 2009 expiry of the last agreement. In its report, the Industrial Inquiry Commission recommended four years. But in this month&rsquo;s Goose Bay talks, Vale changed its position, seeking a five-year term from the date of ratification, proposing a 31 January 2016 expiry. 
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The commission&rsquo;s report on collective bargaining issues does stand as a workable compromise. While it is critical of both sides for prolonging the strike, it cites the Steelworkers with already making &ldquo;significant&rdquo; compromises to end the dispute. The report recommends wage adjustments, a bonus plan based on Vale&rsquo;s Labrador operations, a back-to-work protocol, and sub-contracting rules. The commission does not have the power to impose a settlement, but it has urged both sides to accept the compromise or submit unresolved issues to binding arbitration. 
 
Most tellingly, however, the report states that Vale&rsquo;s use of scab workers during the strike is reason for the company&rsquo;s intransigence. &ldquo;It is apparent to the Commission that the Employer has an approach that does not contemplate compromise on any basis that might be acceptable to the Union.&rdquo; 
 
Vale &ldquo;maintains that it has a desire to conclude a collective agreement, buts its actions and reactions send the opposite message.&rdquo; The report also cites the company with circumventing &ldquo;a union&rsquo;s right to bargain on behalf of its membership.&rdquo; 
 
Vale is operating its eastern Canadian operations now at full production with the use of replacement workers. But nearly all of those scabs are working in excess of 60 hours per week, creating the obvious safety risks. The Industrial Inquiry Commission&rsquo;s second report will be issued in late February and it will address the integrity of Vale&rsquo;s Labrador operations, the strike&rsquo;s impact on rural communities, the reasons behind the strike, and Vale&rsquo;s international strategies to re-shape Canadian work-life. 
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USW Local 9508 President Darren Cove
The strike by USW Local 9508 began on 1 August 2009, and now has eclipsed by six months a parallel strike by 3,500 steelworkers in Ontario. That strike against Vale, in Sudbury and Port Colborne, went on for 50 weeks and ended on 7 July 2010. 
 
In total, Vale has forced 420 Local 9508 members into strike action in Voiseys Bay and other remote worksites of Labrador. Workers at three of Vale&rsquo;s contractors, including First Nation electrical and pipefitting firm Ushitou Maintenance and security and catering companies, are on strike due to the mining giant&rsquo;s recalcitrant positions. In addition, workers of a logistical transport company, Torngat, also represented by Local 9508, will see a collective agreement expire early in 2011. 
 
Local 9508 this week will call on new Labrador/Newfoundland Premier Kathy Dunderdale and Human Resources, Labour, and Employment Minister Darin King to intervene more assertively to resolve the strike. On Saturday, 15 January, the USW purchased a full-page advertisement in a province-wide newspaper the urgent need for further government action. 
 
&ldquo;It is now clear that Vale is the impediment to a fair settlement,&rdquo; said USW District Six Representative Boyd Bussey. &ldquo;It is also clear that, unless our government takes action to bring about a settlement, Vale will continue to use its scab workforce and prolong the hardship for our working families and communities.&rdquo;

Vale’s Arrogance to Eastern Canadian Miners, Communities, Government Continues

6 January 2011 
 
To All ICEM Affiliated Unions: 
 
 
 
Job Posting for ICEM Mining/DGOJP Officer 
 
Firstly, I extend the Best Wishes from ICEM President Senzeni Zokwana and myself to all of you in the New Year. 
 
I write to inform you that the ICEM is seeking applicants for the position of Mining/Diamond, Gems, Ornaments, and Jewelry Production Officer. Joe Drexler, who has served in that capacity, has decided to leave the ICEM and resume his duties with the United Steelworkers. 
 
I attach a job description in English for the post, which will be based in Geneva, Switzerland. I would be grateful if you could distribute details of this vacancy throughout your trade union organisation, and should a candidate wish to apply for the position, please have them send full details of their background in cover letter in English, along with their CV, to myself, ICEM General Secretary Manfred Warda, manfred.warda@icem.org, and Finance and Administration Officer Marie-France Sarfati, mariefrance.sarfati@icem.org, or it can be faxed to Manfred Warda and Marie-France Sarfati at +41 22 304 1841. 
 
Fluent written and spoken English is essential, and IT skills also are essential. There also is a requirement for some travel from Geneva. The deadline for application is February 15, 2011. 
 
Thank you for your kind attention in distributing this announcement throughout your organisation. 
 
Fraternally, 
 
 
 
 
Manfred Warda 
General Secretary 
 
Enclosure: Job Description (EN)

Job Posting for ICEM Mining/DGOJP Officer

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The last issue of this Contract and Agency Labour newsletter reported that a draft report on precariously-employed women workers was presented to the European Parliament by Danish Social Democratic MEP, Britta Thomsen. 
 
The report called on the European Commission and European Union Member States to ensure that all employees are granted equal access to social services and benefits regardless of their employment conditions. 
 
On 19 October, the European Parliament adopted a resolution expressing disappointment that the EU employment law package and the directives on fixed-term, part-time, and temporary agency work do not adequately address the precarious nature of employment, and called on the Commission and the Member States to take further specific legislative measures. Those measures include introducing binding minimum social standards for employees and granting all employees equal access to social services and benefits, including maternity leave, health care and retirement pensions, as well as to education and training, regardless of employment conditions. 
<img alt="" src="" width="100" height="126" />
Britta Thomsen, MEP
The resolution recognises that the &ldquo;over-representation of women in precarious work is a key contributing factor to the gender pay gap.&rdquo; It also states that &ldquo;improving job quality for women will reduce the gender pay gap.&rdquo; The resolution calls on the Member States to take legislative measures to put an end to zero-hour contract and to introduce controls to regulate all types of false training, which conceal actual employment without proper payment or protection. 
 
The Commission and the Member States are requested to develop strategies on precarious work in order to emphasize decent work and green jobs, and incorporate gender balance; and to take action in order to reduce the double burden of work on women. 
 
Attention is brought on the fact that studies have shown that precarious employment, in which minimum health and safety standards often are ignored, carries higher injury rates and a greater risk of disease and exposure to hazards. The Commission and the Member States are requested to enhance their monitoring of minimum health and safety requirements in the workplace, paying particular attention to the specific risks to female workers. 
 
Due to the lack of adequate research on the subject, the resolution calls on the Commission and Eurofound to cooperate with the European Institute for Gender Equality and to initiate targeted research in order to assess the cost of de-skilling and welfare loss resulting from precarious employment, taking into account the gender aspect. 
 
The resolution has been sent to the European Council, the European Commission, and the governments of the Member States.

Precarious Women Workers’ Resolution Passed by European Parliament

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The ICEM Contract and Agency Labour (CAL) Campaign has released a new country report focusing on CAL use in the Netherlands. The report, which was developed with the assistance of FNV Bondgenoten, highlights the fact that 1.9 million people in the Netherlands work for temporary employment agencies, are employed by fixed-term or on-call contracts, or are bogusly referred to as self-employed. 
 
See the full report <a href="/wp-content/migration/icem/1012.cal_netherlands.country%20report.pdf">here</a>. 
 
The Netherlands was deeply affected by the global economic crisis, and the economy shrunk by 4% in 2009. In 2010, the country has seen a weak recovery, with many of the jobs that are being created, for example in the chemical industry, are precarious jobs. 
 
As is the case in many countries, CAL workers in the Netherlands receive lower wages, fewer benefits, and have less social security than permanent, directly-employed workers. In the Netherlands, companies may only hire a worker on three fixed-term contracts of up to one year each before the worker must be offered a permanent position. This regulation is often circumvented by allowing a one month period of unemployment before rehiring the worker on a further fixed-term contract. 
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The report details how Dutch trade unions have been active in challenging CAL, particularly the abuse common to workers hired through temporary employment agencies. This year alone, 12 new collective agreements have been negotiated by the national labour centre FNV, which include provisions that temporary workers may only be deployed in busy times and to cover for absences of other workers in case of illness, and that if they work longer than nine months in one year, they should be awarded permanency. There were also 34 new agreements signed which state that only certified employment agencies can be used. 
 
Dutch unions have also been active in bargaining for improvements for CAL workers at the sectoral level, and this year new collective agreements were signed with the two employers&rsquo; organizations representing temp agencies in the Netherlands: the ABU (ABU (Algemene Bond Uitzendondernemingen) and the NBBU (Nederlandse Bond van Bemiddelings-en Uitzendondernemingen). The most significant improvement in both collective agreements is that the training possibilities of people working through temp agencies have been expanded. Under the ABU collective agreement, workers are entitled to the same wages as employees of the hiring company after 26 weeks of employment. In the NBBU, the agreement states that workers receive equal pay for equal work from day one. 
 
A new foundation (the SNCU) was also established to monitor compliance with these collective agreements. The foundation - a partnership between employer and employee organisations in the temporary work sector &ndash; has the power to decertify temporary employment agencies which fail to respect the terms of the relevant labour agreement. 
 
The report also details the heroic efforts of CAL cleaners, who joined forces this year to assert their rights. Many cleaners in the Netherlands, including those contracted to work for companies such as Shell and Akzo Nobel, went on strike and organised protests for nine weeks. Their efforts ultimately resulted in a new collective agreement that provides better wages and more educational opportunities.

ICEM CAL Campaign Releases Country Report on the Netherlands

Some 2,000 Mexican federal troops used force last night to gain control over the Cananea copper mine. The federal police used tear gas and executed arrest warrants for union leaders of Section 65 of ICEM-affiliated Mexican National Miners&rsquo; and Metalworkers&rsquo; Union (SNTMMSRM) in northern Sonora state. 
 
Mexican troops overtook striking miners at 20h00 on 6 June at the gates to the mine. Reports early this morning said that troops stormed Section 65&rsquo;s union hall early on 7 June, also tossing tear gas that dispersed women and men present inside the building. 
 
The ICEM today issued another letter to Mexican President Felipe Calder&oacute;n, insisting that he &ldquo;stop the violent actions taken yesterday and today by your government against trade union members and their families.&rdquo; (The full letter can be seen <a href="/wp-content/migration/icem/64.ICEM.Emergency.Cananea.7June.pdf">here</a>.)
<img alt="" src="" width="90" height="109" />
It was the second time that the ICEM has sent a letter to Calder&oacute;n urging him to use restraint in this volatile labour dispute. In February 2010, the ICEM and International Metalworkers&rsquo; Federation (IMF) cautioned Mexico against using force to break the strike. 
 
The arrest warrants that arrived last night were for Section 65 Secretary-General Sergio Tolano Lizarr&aacute;go and Juan Guti&eacute;rrez Ballesteros, a National Executive Member of SNTMMSRM, or Los Mineros. 
 
The Cananea copper mine, owned by Grupo M&eacute;xico, has been shut since April 2007 when 1,200 miners began a strike over health and safety concerns and trade union rights. 
 
The ICEM is calling on trade unions to send a similar letter to the Mexican government as the one linked above, or use the model letter <a href="/index.php?id=5&amp;la=EN&amp;doc=3840">here</a>.

ICEM Calls on Mexico to Halt its Violence at Cananea

Policy positions differ in the trade union movement, both at national and international levels concerning the use of temporary work agencies. Views vary from total bans on such agencies, to partial bans, to strict regulation. There are also differences as to on what basis workers should be covered by collective bargaining agreements. However, there are certain views shared by all Global Unions. 
 
The first principle is that the primary form of employment shall be permanent, open-ended and direct employment. 
<img src="" width="95" height="95" alt="" />
Concerns and challenges 
 
The use of workers provided by temporary work agencies raises concerns and challenges for trade unions. This includes the effect that the use of temporary work agencies has on workers with regular and permanent employment as well as on the conditions under which work is performed by workers engaged through such agencies. The triangular relationship between the worker, the user enterprise and the temporary work agency that supplies the worker can undermine labour and social protection, as well as the effective realisation of the right of all workers to form or join trade unions and to bargain collectively. 
 
Agency workers must be specifically guaranteed the right to join a union with a collective bargaining relationship with the user enterprise and be part of a bargaining unit comprising direct employees of the user enterprise and be covered by all collective bargaining agreements applying to the user-enterprise. 
 
Using temporary work agencies as a way of replacing direct and permanent employment 
 
There may be legitimate demand-driven or business reasons for using temporary agency workers, including surges of work and seasonal employment, although such work can also be performed through direct employment. However, not all reasons for using temporary agency work are related to staff shortages or the &ldquo;fluctuation of business&rdquo; and it has become common to use temporary agency workers to fill previously permanent and direct positions and to reduce costs. Increasingly, workers provided by agencies are used to fill &ldquo;core&rdquo; jobs but are not given any opportunity to transition to direct permanent employment. In a growing number of instances, entire workforces are provided by temporary work agencies. 
 
Using temporary work agencies to adversely change employment conditions, avoid social responsibilities and evade laws 
 
Employers often use temporary agencies in order to avoid their legal obligations. This can and does lead to abuses such as social dumping and all kinds of discrimination. Work then becomes precarious and workers are denied the employment rights and working conditions to which they would otherwise be entitled. Sometimes these agencies are creations by the company or employer concerned, with the user enterprise becoming the sole client. 
 
Workers provided by agencies frequently receive significantly lower compensation than regular employees performing the same work. Such workers are also often not entitled to the same levels of social protection, such as retirement provision, the right to unemployment compensation, sickness benefits or maternity leave. Employers commonly do not invest sufficiently in the education or training of agency-supplied workers. Inadequate education and training may undermine the quality of service provided by the agency workers, while lack of training on health and safety increases the risk of occupational accidents and diseases. 
 
The cost of downsizing is lower if temporary agency workers are engaged because ending a commercial contract is often less costly than terminating an employment relationship. In various countries and sectors, the financial crisis resulted therefore in massive job losses for temporary agency workers, who are not generally entitled to any of the compensations that are required to be paid in the case of forced redundancies. This experience heightens the danger that as economies recover, employers will increasingly favour temporary agency work as a means to avoid the costs of terminating regular employees. This would add additional instability and volatility to the economy. 
 
Where more and more workers are made &ldquo;disposable&rdquo;, many business risks are shifted from employers to workers. 
 
Using temporary work agencies to weaken trade unions, avoid collective bargaining or prevent union organising 
 
Employers are, at times, deliberately using temporary work agencies to reduce the number of workers covered by collective bargaining at their enterprises or to prevent unorganised sections of the workforce from seeking union representation and exercise their right to bargain with the user enterprise, which effectively controls terms and conditions of employment. 
 
One of the principal reasons why workers do not form or join trade unions is fear of discrimination or dismissal. Temporary agency employment increases this fear because it is a way to avoid dismissal legislation, which has the effect of, indirectly, protecting the right to organise. Too often, contracts are simply ended. In addition, temporary agency employment reduces the workers&rsquo; stake in an enterprise, as well as the opportunity to participate in trade unions. 
 
The use of workers supplied by temporary work agencies to replace striking workers or to undermine industrial action at a user enterprise is a serious violation of trade union rights. 
 
Using temporary work agencies as a means of exploitation. 
 
Where temporary work agencies are permitted to operate, they must be properly regulated and monitored in order to prevent abuses of workers, such as human trafficking or fee charging in cross border placements. When agencies involved in recruiting workers in one country for work in another country charge fees to the workers concerned instead of to the user enterprise, those abuses lead to extreme exploitation, including bonded or slave labour. All recruitment fees, including visa, transportation and hiring fees, must therefore always be borne by the user enterpriser. 
<img src="" width="95" height="95" alt="" />
 
Fundamental principles on temporary work agencies 
 
&bull; The primary form of employment shall be permanent, open-ended and direct employment. 
 
&bull; Workers provided by temporary work agencies must be accorded equal treatment and opportunities, including equal pay for equal work, with regular and permanent employees with respect to terms and conditions of employment. 
 
&bull; Workers employed through temporary work agencies must have a recognised and enforceable written contract of employment, specifying their terms and conditions of employment. 
 
&bull; Where agencies are permitted to operate, they must be strictly regulated, including through licensing. 
 
&bull; Temporary work agencies must not be used to eliminate permanent and direct employment relationships, diminish the conditions under which work is performed, avoid collective bargaining relationships with trade unions or effectively make it impossible for an agency worker to join a trade union. 
 
&bull; Employers should consult trade unions before agency workers are used and negotiate over any effects that the use of these agency workers might have on regular employees, on working conditions or on the collective agreement. 
 
&bull; The use of temporary agencies should be restricted to cases of legitimate need. As a minimum, there should be defined limits on the use of agency workers, as well as restrictions on the duration of such employment. 
 
&bull; Workers provided by temporary work agencies must be guaranteed access to information on health and safety regulations in the workplace and be given the same equipment, induction and training as permanent workers. 
 
&bull; Adequate and continuous social protection for agency workers, including social security coverage, must be ensured by employers and government alike. 
 
&bull; Temporary work agencies must treat workers without discrimination on the basis of race, ethnic origin, colour, sex, sexual orientation, religion, political opinion, nationality, social origin, age, disability or any other form of discrimination. Appropriate regulatory frameworks (governmental, co-regulation or self-regulation) on private employment agencies should include and promote these principles, rights and obligations. These include the minimum standards outlined in ILO Convention No. 111. 
 
&bull; Given the general over-representation of women in agency employment and the disparity in wages between permanent and agency workers, particular attention must be given to ensure that the equal pay provisions of Convention No. 100 are applied, including equal pay for work of equal value. 
 
&bull; The ILO should play a much more active role in ensuring that temporary employment agencies respect basic labour standards, as well as in collecting data on abuses and best practices, while at the same time monitoring and analysing trends in employment in both the private and public employment agency sector. This research should focus on issues relating to the economic crisis and the Global Jobs Pact. The Global Unions should participate in this work. 
 
&bull; Workers supplied by temporary work agencies must never be used to replace striking workers or undermine industrial action. 
 
&bull; Temporary work agencies must not charge any fees to workers for dispatching them. 
 
&bull; The user-enterprise must be held liable for all financial and other obligations with respect to temporary agency workers should the agency fail to honour its responsibilities. 
 
 
Principles of public policy with respect to temporary agency work 
 
&bull; Governments have the responsibility to protect the interests of society in stable employment relationships and to ensure the applicability of labour law, the branch of law developed to protect workers in both public and private sectors, in their unequal relationship with employers. 
 
&bull; Governments can limit or ban the use of temporary work agencies in order to protect these broader societal interests. 
 
&bull; Government must set strict regulations and licensing conditions if agencies are permitted to operate. 
 
&bull; Governments should consult trade unions on issues related to working and employment conditions of the agency workers, as well as on conditions of use of temporary agency work prior to making changes in the regulatory framework. 
 
&bull; The respective roles, obligations and rights of the workers, the temporary work agency and the enterprise using the worker must be clarified when there is an employment relationship between a temporary work agency and a worker. 
 
&bull; Governments must take genuine and concrete measures such as changes in legislation to ensure that workers dispatched by temporary work agencies are able to effectively exercise their right to join or form trade unions. This includes the right to join a union with a collective bargaining relationship with the user enterprise and be part of a bargaining unit comprising direct employees of the user enterprise and be covered by all collective bargaining agreements applying to the user-enterprise. 
 
&bull; Governments should strengthen labour inspection, including through providing adequate resources, in order to effectively apply labour law and regulations to employment via temporary work agencies. 
 
&bull; Governments should provide effective mechanisms to protect all workers from health and safety hazards and ensure health &amp; safety conditions of temporary agency workers are the same as of permanent ones. Governments should introduce sanctions for user-enterprises, public and private, not complying with health &amp; safety requirements. 
 
 
Migrant workers dispatched through temporary agencies face specific problems. 
 
&bull; Migrant workers should receive details of their living and working conditions in a language they understand before leaving their country of origin. 
 
&bull; Governments must take active measures to prevent human trafficking and the exploitation of migrant workers by labour intermediaries, both public and private, including temporary work agencies. 
 
&bull; Governments should ensure that immigration legislation governing migrant workers recruited through agencies does not conflict with labour laws by imposing restrictions on migrant workers&rsquo; rights to join trade unions or bargain collectively. 
 
&bull; Workers should not be required to pay deposits, visa, transportation and hiring fees. In the case of agencies dispatching workers to other countries, the agencies should be required to repatriate workers in the event that their employment ends or the user company disappears. 
 
&bull; Workers must not be required to surrender their passports or other travel or identity documents. 
 
&bull; Temporary migrant workers should have full rights to legal redress in the country where they work.

Global Union Principles on Temporary Work Agencies

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