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<p class="MsoNormal"><span lang="EN-GB">Swiss trade union UNIA has achieved significant steps in the campaign to save the jobs of 470 workers at Swissmetal, a company on the verge of bankruptcy. The first victory was ensuring all staff received salary payments for the month of July. This was achieved through pressure on Switzerland&rsquo;s Secretary of State for the Economy, and on the cantonal governments of Soleure and Berne.</span></p>
<p class="MsoNormal"><span lang="EN-GB">The federal, cantonal governments and UNIA provided the CHF 2 million to meet July&rsquo;s payroll. Swissmetal no longer has the liquidity to pay wages. UNIA provided the majority of the payment, approximately 70%.</span></p>
<div><span lang="EN-GB">This payment means that the possibility still exists that the two Swiss operations of the company still might be purchased by French-based Le Bronze Industriel SA, a manufacturer of bronze and copper electrodes.</span></div>
<p class="MsoNormal"><span lang="EN-GB"><img alt="" src="" width="240" height="159" /></span></p>
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<p class="MsoNormal"><span lang="EN-GB"><span>UNIA Occupy BNP Paribas Branch</span></span></p>
<p class="MsoNormal"><span lang="EN-GB">Another major step UNIA in trying to save Swissmetal jobs came when the Swiss national union succeeded in pressuring bank BNP Paribas &ndash; a creditor of Swissmetal that is owed CHF 20 million &ndash; to release the company&rsquo;s metal inventories, which the bank blocked at the two sites.</span></p>
<div><span lang="EN-GB">On 8 August, UNIA and workers at the main facility in Dornach held a symbolic manifestation at the Basle branch of BNP Paribas, urging the bank to lift the blockade of raw metal stock. Hundreds of workers rallied under the slogan, &ldquo;You occupy our warehouse, we occupy your bank!&rdquo; The occupation of the bank proved successful.</span></div>
<div>&nbsp;</div>
<div><span lang="EN-GB">While work did re-start at the other plant, in Reconvilier, on 8 August, all attention today is on the Dornach site, where production must restart immediately. This depends on Swissmetal agreeing to operate and deal with pending orders before buyers look elsewhere. Reopening of operations in the immediate term would ensure Swissmetal&rsquo;s ability to pay wages for August.</span></div>
<div>&nbsp;</div>
<div><span lang="EN-GB">As sale negotiations continue, redundancies are not necessary at this stage, and will be bitterly opposed.</span></div>
<div>&nbsp;</div>
<div><span lang="EN-GB">UNIA underlines the vital importance that the cantonal governments of Soleure and Bern have. They have a duty to prevent the massive dismantling of operations and stop closure of the factories.</span></div>

Uncertainty Continues for Swissmetal Workers

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<img alt="" src="" width="100" height="39" /></div>
<p><span lang="EN">Union members of Sindicato No. 1 de Trabajadores de Minera Escondida, a branch of Chile&rsquo;s Federation of Miners (FMC), returned to work on 5 August after a 15-day strike at the world&rsquo;s largest copper mine, majority owned by BHP Billiton. Mineworkers voted by 65.5% to 34.5% on 4 August to end the strike after their leaders negotiating the previous two days with Escondida management. <br />
<br />
Those talks produced a memorandum of agreement providing a remedy to a dispute over a 2010 production bonus. But equally important, the memorandum addressed several grievances and breaches by Escondida management from a 2009 labour agreement. <br />
<br />
Sindicato No. 1, representing Escondida&rsquo;s 2,375 direct-employed miners, said of the memorandum, &ldquo;the company promises to solve a series of labour issues such as establishing a new attendance policy, regularising a certification system based on competency for promotions, and reformulating the criteria for calculating a production bonus.&rdquo; These were just some of the issues in dispute inside a four-year labour agreement that was signed in November 2009. <br />
<br />
In 2010, Escondida &ndash; 57.5% owned by operator BHP Billiton, 30% by Rio Tinto, and 12.5% by Japanese holding companies connected to Mitsubishi &ndash; saw profits of US$4.3 billion, up 35% over that of 2009. Last week&rsquo;s amended bonus to each worker amounts to CHP 2.65 million (pesos), or US$5,800. Miners will receive that on 25 August.</span></p>
<p><span lang="EN"><img alt="" src="" width="245" height="161" /><br />
</span><span lang="EN"><br />
<font color="#ff0000">Sindicato No. 1 Files Papers in a Labour Court in Late July</font></span></p>
<p><span lang="EN">Escondida called the strike illegal and said throughout that it would not negotiate with the union. But as the days wore on and production was crippling revenue from the rich mining complex, that changed. In a statement after signing the memorandum of agreement, the company said workers had ended their &ldquo;illegal work stoppage&rdquo; and &ldquo;this action is due to the success of talks between the parties. <br />
<br />
&ldquo;Minera Escondida reiterates that dialogue and respect are the foundation for maintaining a beneficial relationship with its workers.&rdquo; <br />
<br />
Besides the aforementioned issues, that respect includes a more transparent system for the production bonuses; restoration of a housing allocation that lifts restrictions on where miners may use those stipends; safer and higher-quality bus transport service, and compensation for tickets; no retaliation, redundancy, or punishment for union or strike activity; and review on why the company installed surveillance cameras. <br />
<br />
Miners will also be paid their salaries for the 15-day strike. Sindicato No. 1 de Trabajadores de Minera Escondida had filed labour court charges on several of the issues involved in the strike. <br />
<br />
For its part, the union said it hopes to maintain and deepen channels of communication with management, but also will stay vigilant that the issues agreed to in the memorandum will get addressed and resolved. <br />
<br />
Minera Escondida consists of two open-pit copper mines some 170 kilometres southeast of Antofagasta, in Chile&rsquo;s Region II. It also consists of two concentrator plants, Los Colorados and Laguna Seca, which have a combined capacity of 330,000 tonnes per day. The company operates two pipelines and a filter plant on the Pacific Ocean Port of Coloso. <br />
<br />
In 2010, Escondida&rsquo;s production totaled 1.087 million tonnes, consisting of 786,603 tonnes of copper concentrate and 300,098 tonnes of copper cathodes. The Escondida mine complex provides 7% of the world&rsquo;s copper supply.</span></p>

FMC Copper Union at Escondida Wins Dialogue Guarantees

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<div><img alt="" src="" width="100" height="39" /></div>
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The ICEM has joined trade unions of Australia, New Zealand, and the UK in protesting flagrant trade union abuses by the military dictatorship in Fiji. On Saturday, 13 August, just two days after dictator Josaia Voreque Bainimarama tried to assure a high-level ILO delegation, including Deputy General Director Guy Ryder, that trade union rights in Fiji were being upheld, police showed up at the opening of Fiji Trades Union Congress&rsquo;s (FTUC) national council meeting and revoked the national centre&rsquo;s meeting permit.<br />
<br />
That came ten days after Daniel Urai, formerly of the ICEM-affiliated Fiji Electricity Workers&rsquo; Union, who is President of the FTUC, and union activist Dinesh Gounder were arrested under Fiji&rsquo;s new Public Emergency Regulation for meeting with trade unionists without a permit. They were charged with unlawful assembly in meeting with hotel workers over a pending collective agreement. <br />
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<div><img alt="" src="" width="120" height="120" />&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <img alt="" src="" width="120" height="120" /></div>
<div><span><br />
Daniel Urai, Dinesh Gounder</span></div>
<br />
Both were released on bail on 4 August and are due to appear in the Nadi Magistrates Court on 2 September on those charges. (See <a href="/wp-content/migration/icem/98.ICEM.Fiji%20Prime%20Minister.10August.pdf"><font color="#ff0000">ICEM protest letter</font></a> here.)<br />
<br />
The arrests, along with broader trade union repression, specifically against FTUC National Secretary Felix Anthony, are seen as recrimination against Fiji union leaders visiting Australia and New Zealand to speak out against the military dictatorship of Commodore Bainimarama.<br />
<br />
Australian unions, led by the Australian Council of Trade Unions (ACTU), have begun a number of direct actions against Fiji, which have raised the stakes against Bainimarama&rsquo;s strong-armed tactics. For example, the Australian Transport Workers&rsquo; Union (TWU) has threatened to not load or refuel Qantas air flights headed to Fiji, which would severely impact the Pacific country&rsquo;s tourism trade. The blockade would also include Air Pacific, a Qantas partner and Fiji&rsquo;s flag carrier.<br />
<br />
On 2 September &ndash; the date that Urai and Gounder will be in a Fiji courtroom &ndash; the ACTU will organise two manifestations in front of Fiji consular offices in North Sydney and in Deakin near Canberra.<br />
<div>&nbsp;</div>
<div><img alt="" src="" width="160" height="160" /><br />
</div>
<div>&nbsp;</div>
<div>Dictator Bainimarama with ILO Representatives Last Week</div>
<br />
On 8 August, UK&rsquo;s Trades Union Congress and ICEM affiliate GMB called on British sugar multinational Tate &amp; Lyle to challenge the Bainimarama regime&rsquo;s abusive tactics. Tate &amp; Lyle purchases 100% of Fiji&rsquo;s sugar exports and the illegitimate Fijian ruler has a controlling stake in sugar production.<br />
<br />
On the same day that Urai and Gounder were arrested, 3 August, a dictum was issued by Bainimarama &ndash; Fiji&rsquo;s self-appointed Prime Minister following a 2006 coup &ndash; called the Essential National Industries Employment Decree. It bans all industrial actions, will ban workers from being covered by collective agreements in 60 days time, and restricts wage and benefit growth.<br />
<br />
Despite this, Bainimarama told the ILO delegation last week he was not trying to ban unions or take away workers&rsquo; rights. Not many in the international community believe this, least of all the government of Australia, which has recalled its envoy from Fiji.<br />
<br />
On 4 August, the day Urai and Gounder were released, Australian Acting Minister for Foreign Affairs Martin Ferguson, issued a statement saying: &ldquo;Since 2006 the Bainimarama regime has abrogated the constitution; detained political leaders; sacked the independent judiciary; censored the media; and restricted meetings of civil society, including church groups.<br />
<br />
&ldquo;Despite commitments to hold elections in 2014, it is not clear the regime intends to make good on its promise.<br />
<br />
&ldquo;The restriction of labour rights is part of a concerted campaign to curtail the human rights of the people of Fiji. The rights of workers in Fiji have been targeted through a series of decrees restricting labour rights, the most recent of which was aimed at essential industries.&rdquo;</div>

Trade Union Repression in Fiji Mounting

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<img alt="" src="" width="100" height="39" /></div>
<p class="MsoNormal"><span lang="EN">Following an opening meeting in October 2010, the Global Safety Panel of ICEM and French chemicals company Rhodia under the Global Framework Agreement (GFA) held its second meeting at a Rhodia operation called Sertow in Serpukhov, Russia, on 19-20 July.</span></p>
<p class="MsoNormal"><span lang="EN">The safety forum was included in an amendment to the GFA in February 2010. The safety panel has duties to monitor Rhodia&rsquo;s health and safety policies and practices, as well as to continue ongoing dialogue between the company and its workers and make recommendations on improvements.</span></p>
<p class="MsoNormal"><span lang="EN">The Sertow plant is part of the group&rsquo;s Acetow company and makes cigarette filters for the global tobacco industry. Operated by </span><span>Rhodia since 1994, the plant uses cellulose acetate flakes as a key raw material. The plant does stress the importance to health and safety issues since a fatal accident happened on 12 September 2000. The plant since has gone for over ten years without a lost-time accident.</span></p>
<div><img alt="" src="" width="290" height="161" /></div>
<p class="MsoNormal"><span lang="EN">The ICEM delegation was composed of Juarez Nogueira of Sindquim, Brazil; Scott Harrington of the United Steelworkers (USW), US; Maurice Tritsch of CFDT, France; Jie Dong from China; and Kemal &Ouml;zkan and Brian Kohler from the ICEM headquarters. The delegation first met with </span><span>the elected representatives of the site concerning industrial relations and the health and safety situation.</span></p>
<p class="MsoNormal"><span>Local level labour relations were set up using the example of the German Works Council system as it exists at Acetow&rsquo;s centre, located in Freiburg, Germany. There is close collaboration between the workforce leaders of both operations, and the Sertow Works Council is actively involved in labour-related matters such as collective agreements, personnel health improvement, support of sporting events, and involvement in renovation of the social room. The Works Council has regular meetings with management as part of social dialogue.</span></p>
<p class="MsoNormal"><span>Following presentations about Rhodia, Acetow, and the Sertow plant with key figures presented on economic, social, and personnel-related matters, the meeting received a report on Rhodia Way, the company&rsquo;s integrated management system regarding sustainable development.</span></p>
<p class="MsoNormal"><span>The participants also heard a report from Rhodia managers on the five-year plan of personal safety that covered records of 2011, as well as projections for the period of 2011-2015. The report put forward a plan to significantly reduce the number of irreversible and chemical accidents until 2015. The targets cover Rhodia&rsquo;s temporary and sub-contact employees and its own staff.</span></p>
<p class="MsoNormal"><span>Having made comments on the report, the ICEM&rsquo;s Kohler presented his health and safety recommendations to plant-level and corporate management. A specific discussion was made on Rhodia&rsquo;s investigatory method named after the &ldquo;Casual Tree&quot; accident. The meeting also received a presentation from the Sertow management on practices and results regarding safety compliance. The participants later toured the facility.</span></p>
<p class="MsoNormal"><span>The meeting was finalized with an assessment of the discussions and future activities. It was agreed to deepen co-operation for reflecting the work of the Global Safety Panel to workplace level in all of Rhodia&rsquo;s operations worldwide.</span><span lang="EN-GB"></span></p>

ICEM, Rhodia Global Safety Panel Hold Second Meeting in Russia

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<div><img alt="" src="" width="100" height="39" /><br />
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<div>Three days before the annual two-week summer shutdown at a Clariant plant in Louvain-la-Neuve, Belgium, management of the Swiss-based chemicals company fired two Centrale G&eacute;n&eacute;rale-FGTB union representatives. Kamel Bennaceur and Mohamed Loukili were sacked on 27 July for doing the trade union work they were elected to do by co-workers.<br />
<br />
Management of Clariant Benelux SA unilaterally installed two other workers to fill their duties. Managers cited &ldquo;breach of trust&rdquo; as the reason for dismissing the two delegates, who are of Moroccan origin. The ICEM last week in Switzerland registered a <a href="/wp-content/migration/icem/99.ICEM.Clariant.Belgium.10August.pdf"><font color="#ff0000">strong protest</font></a> with Clariant Chairman J&uuml;rg Witmer and CEO and Director Hariolf Kottman, and intends to press the breach of international labour standards on the global level unless the two are reinstated. <br />
<div>&nbsp;</div>
<div><img alt="" src="" width="129" height="161" /><br />
</div>
<div>&nbsp;</div>
<div>Kemal Bennaceur, Mohamed Loukili<br />
</div>
<div>&nbsp;</div>
ICEM Swiss affiliate UNIA also has written to the Belgian trade unionists expressing its support.<br />
<br />
The FGTB has prioritised the dismissals and will hold a day of action at the plant on Wednesday, 17 August. The action will start at 09h30. It will occur on day three after the re-start of work at Louvain-la-Neuve, a city in Belgium&rsquo;s Wallonia federal region some 40 kilometres southeast of Brussels. The plant is part of Clariant&rsquo;s Masterbatches division and produces colour additives for inks and textiles.<br />
<br />
FGTB says the real reason for the firings is the pair are just too conscientious in the performance of their duties. They conducted work inspections and were in constant communication with the 45 other blue-collar workers employed at Clariant regarding work rules and social legislation. The 45 solidly support the union stalwarts, Bennaceur and Loukili.<br />
<div>&nbsp;</div>
<div><img alt="" src="" width="212" height="159" /></div>
<div><span><br />
FGTB Adjunct Regional Secretary Enzo Gramaglia Talks to Clariant Workers</span></div>
<br />
The union held two abbreviated meetings with plant managers &ndash; on 28 July and 10 August &ndash; but bosses refused to discuss the sackings or consider immediate reinstatement. FGTB said that recent and similar firings at <a href="/en/78-ICEM-InBrief/4558-BRC-Belgium-Conflict-Settled-Sacked-Oil-Workers-Reinstated"><font color="#ff0000">Belgian Refining Corporation (BRC)</font></a> in which shop stewards were also dismissed, but subsequently reinstated, will provide the template for this breach of Belgian work law and international labour standards. <br />
<br />
The ICEM vows to assist its Belgian affiliate in the entire legal process.<br />
</div>

FGTB Delegates Sacked at Clariant Chemicals Plant in Belgium

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<p align="justify">After three days of a partial petrol blockade on the federal capital district of Abuja, Nigeria, ICEM affiliate Nigerian Union of Petroleum and Natural Gas Workers (NUPENG) and the union&rsquo;s tank-truck drivers lifted the strike on 6 August. That occurred when government ministers and leaders of NUPENG and PENGASSAN, ICEM&rsquo;s Petroleum and Natural Gas Senior Staff Association affiliate, met and crafted memorandums of understanding on both the worsening conditions of Nigerian roads and the repugnant and growing use of casual labour by oil and gas companies, particularly multinational concerns. <br />
<br />
NUPENG did, however, issue a 14-day strike notice to the government on another issue: that of rehabilitation of Nigeria&rsquo;s Petroleum Products Pricing Regulatory Agency (PPPRA). If the federal government does not call together a forum to correct the lack of transparency and alleged willful mis-allocation of products to marketers, NUPENG will strike the oil and gas depots of several multinationals across the Niger Delta later in August. </p>
<p align="center"><img alt="" src="" width="165" height="220" /></p>
<p align="center"><font color="#ff0000">NUPENG President Achese Igwe</font></p>
<p align="justify">&ldquo;There is serious corruption inside the allocation process of petroleum products,&rdquo; said NUPENG President Achese Igwe. &ldquo;We question the activities of the PPPRA in allocating products to marketers of unknown identity, and the PPPRA has shown no interest in revealing records or data on fuel allocations.&rdquo; <br />
<br />
Friday&rsquo;s meeting did create separate memorandums on road conditions and on casualisation. Meeting with Minister of Labour and Productivity Chukwuemeka Wogu, Minister of State for Works Chris Ogiemwonyi, officials of both the Nigerian National Petroleum Corp. (NNPC) and the Nigerian Liquefied Natural Gas Co. (NNLG), and the employers&rsquo; grouping of multinationals operating in Nigeria, the Oil Producers&rsquo; Trade Section (OPTS), leaders of NUPENG and PENGASSAN did get immediate commitments. <br />
<br />
Regarding casualisation and the ever increasing use of temporary or non-regular workers, a tripartite &ldquo;Technical Working Group on Casualisation and Contract Staffing in the Oil and Gas Sector&rdquo; was created. This working group will, between 30 and 90 days, produce a road map that will include analysis on why prior memorandums were not adhered to, and it must issue acceptable guarantees ensuring job security for casual workers. <br />
<br />
NUPENG and PENGASSAN insist that such staff, across all oil- and gas-producing companies, be given immediate opportunities for full-time staff positions if they have the prerequisite skills. When this is not possible, the unions demand that conditions of employment be published and strictly adhered to that grant temporary workers all work rights and social benefits that permanent workers get. </p>
<p align="center"><img alt="" src="" width="250" height="115" /></p>
<p align="justify">Igwe said that the vast number of casual workers in oil and gas have no pension scheme and are without health insurance. <br />
<br />
Following Friday&rsquo;s meeting, Wogu was thankful the short, targeted blockade of fuel products to the Abuja region was terminated, and stated, &ldquo;The strike was capable of scuttling the economy because NUPENG is too strategic.&rdquo; <br />
<br />
Regarding road conditions, which has caused the deaths of eight NUPENG tanker-truck drivers in the past three months, a Roads Monitoring Team was created that will consist of two members from NUPENG. Within a two-month time frame, this team will monitor roads and determine which ones need immediate improvement. <br />
<br />
Igwe stressed the importance of this issue by stating that poor road conditions have caused unnecessary stops, resulting in robberies and kidnappings of truck drivers. The risk to public safety is also inherent since poor roads causing accidents has meant monumental disasters, considering the inflammable cargos that lorries carry. <br />
<br />
On the issue of the PPPRA, Igwe said it remains a mystery as to which ministry or department of government the pricing authority reports to. The issue of transparency and accountability by the PPPRA is all-important in Nigeria with the country about to enact the Petroleum Industry Bill. </p>

Horrid Roads, Casualisation Force Direct Action by NUPENG in Nigeria

<p align="center"><img alt="" src="" width="100" height="39" /></p>
<p align="justify">ICEM affiliate Petrol-İş, the Petroleum, Chemical, and Rubber Workers&rsquo; Union of Turkey, used manifestations and ICEM intervention to win reinstatement for 11 union activists at a plastics factory in Orhangazi, Bursa province. The factory is owned by French-based auto-parts supplier Faurecia. <br />
<br />
A month after the successful conclusion of renewal negotiations between Petrol-İş and the company, talks underscored by the fact that auto exterior parts-maker Faurecia Polifleks Otomotiv Sanayi ve Ticaret A.Ş. would be expanding and adding 50 new workers, local management on 23 July sacked the 11 union activists, including two local branch leaders and a shop steward. No reason was given for the firings. </p>
<p align="center"><img alt="" src="" width="240" height="180" /></p>
<p align="justify">Petrol-İş reported that the hostile actions easily escalated tensions inside a factory employing 306 in Turkey&rsquo;s automotive manufacturing hub. On 27 July, ICEM General Secretary Manfred Warda intervened, and in a letter to Faurecia Chairman and CEO Yann Delabriere, said: <br />
<br />
&ldquo;The ICEM understands that an enterprise collective agreement was concluded between Petrol-İş and Faurecia Polifleks Otomotiv Sanayi ve Ticaret A.Ş. on 21 June 2010. But just after signing the agreement, management immediately dismissed 11 trade union members of Petrol-İş, including the chief trade union representative and two local branch officers. The ICEM considers this egregious discrimination against workers who practice legitimate trade union rights. Further, this is a flagrant violation of international-recognised labour standards.&rdquo; </p>
<p align="center"><img alt="" src="" width="240" height="144" /></p>
<p align="justify">At the front of the factory, scores of Petrol-İş members took up protests, while talks between the union&rsquo;s executive members and managers started to address the discharges. Finally, on 29 July, the talks ended in a &ldquo;mutual framework of goodwill,&rdquo; according to Petrol-İş, and local mangers agreed to reinstate the union leaders. <br />
<br />
&ldquo;In this process,&rdquo; said Petrol-İş General Secretary Mustafa &Ccedil;avdar, &ldquo;international support and solidarity provided by the ICEM contributed to solve the conflict. Many thanks to the ICEM for its valuable contributions.&rdquo; Petrol-İş has had a collective bargaining relationship with the company dating back to 1985. <br />
<br />
Faurecia operates some 190 factories in 30 countries, producing car seats, auto-exhaust systems, vehicle interior and door modules, and exterior parts. PSA Peugeot Citro&euml;n controls 57% of Faurecia&rsquo;s stock, while One Equity Partners &ndash; a private equity company from which Faurecia recently bought US-based auto-exhaust factories &ndash; holds a 17% share. </p>

Petrol-İş Gets Jobs Back for Turkish Activists at Auto-Parts Supplier Faurecia

<p align="center"><img alt="" src="" width="110" height="50" /></p>
<p align="justify">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. <br />
<br />
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. <br />
<br />
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.</p>
<p align="center"><img alt="" src="" width="180" height="169" /></p>
<p align="center"><font color="#ff0000">MUZ President, Rayford Mbulu</font>&nbsp;</p>
<p align="justify">The agreement caused cancellation of a mass demonstration at mine sites and other locations by the MUZ and NUMAW for 28 August. <br />
<br />
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. <br />
<br />
&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. <br />
<br />
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. <br />
<br />
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. <br />
<br />
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. <br />
<br />
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. </p>

Planned Outsourcing by Vedanta inside Zambia’s Copper Belt

<p align="center"><img alt="" src="" width="110" height="50" /></p>
<p align="justify">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. <br />
<br />
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. </p>
<p align="center"><img alt="" src="" width="200" height="92" /></p>
<p align="justify">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. <br />
<br />
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. <br />
<br />
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. </p>
<p align="center"><img alt="" src="" width="100" height="102" /></p>
<p align="justify">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. <br />
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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. <br />
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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. <br />
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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. </p>

Labour Broker Law in South Africa Stalls, For Now

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<p align="justify">To highlight how the issue of Contract and Agency Labour (CAL) is being used by companies around the world, and to demonstrate the innovative way trade unions are dealing with these issues, the ICEM CAL Project is producing a series of country reports. The first of these reports focuses on the situation in Thailand. <br />
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The use of CAL is widespread in Thailand and became even more so during the economic crisis, which hit Thailand&rsquo;s export markets hard. In 2008, the Thai labour code was amended to include improved rights for agency workers, with companies being required to pay equal wages to agency workers doing the same jobs as permanent workers. <br />
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This promising piece of legislation, however, has been severely undermined by the fact that many companies simply switched to employing workers directly on short-term contracts and paying them only the legal minimum wage. <br />
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Thai unions are responding to the proliferation of CAL in various ways. Many are working to ensure that CAL workers can join the same union as permanent, directly-employed workers. TIGLU, the union representing workers at Thai Industrial Gases (TIG), Thailand&rsquo;s largest provider of industrial gases and a subsidiary of German-based Linde Group, launched a campaign to secure their right to recruit CAL workers.</p>
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<p align="center"><font color="#ff0000">CAL Thai Project Manual</font></p>
<p align="justify">In early 2008, with support from the ICEM CAL Project and from ICEM affiliated unions in Germany, the Netherlands, and Belgium, TIGLU signed a milestone agreement with the company solidifying the union&rsquo;s right to organise contract and agency workers. The ICEM is working to ensure that freedom of association is respected for all workers at TIG/Linde. <br />
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Although it is often extremely challenging to recruit CAL members, a number of Thai unions have been successful in their attempts to do so. A branch union affiliated to the ICEM affiliate, the Paper and Printing Workers Federation (PPFT), successfully recruited 80 of 120 contract workers employed by Cellox, a tissue paper company in Thailand. The ICEM Asia CAL Project is working with the union and PPFT to organise union education for the new members. <br />
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Many Thai unions have made CAL a priority in their collective bargaining and organising efforts. Since 2006, the Local Union of the Electricity Generating Authority of Thailand, called EGAT-LU, has been bargaining collectively to improve the working conditions of CAL workers at EGAT, the public-sector electric power company that employs 7,000 agency workers. <br />
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In April 2007, the ICEM-affiliated union amended its statutes to make it possible for contract workers to join. Since then, the union has negotiated a new company policy with EGAT, which not only aims to improve working conditions for CAL workers but also ensures that all workers receive the entitlements outlined in Thai labour legislation. In 2009, the union launched an organising drive and succeeded in recruiting 650 of EGAT&rsquo;s 760 contract workers. The ICEM is working with EGAT-LU and the Danish Union of Electricians (Dansk El-Forbund) to organise union education for the newly recruited members. </p>

Country Report Thailand: Exemplary Actions by ICEM Unions on CAL

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