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Trade unions in four important industrial sectors of Sweden &ndash; metal, pulp and paper, forestry, and food service &ndash; achieved ICEM-heralded contract language protecting the rights of full-time and permanent workers in wage negotiations in March and April 2010. The first-of-its-kind language, covering 550,000 workers in these sectors, will serve as a major deterrent in utilizing temporary workers hired through labour agency companies. 
 
The language, varying in minor degrees from one sector to the other, was proposed as a bargaining priority by LO-Sweden, the Swedish Trade Union Confederation. It will serve as a very effective restraint, the ICEM believes, for the recent rush by Swedish employers to use temporary labour. 
 
Prior to 1992, all such labour was provided by government-operated job centres. But a change in law that year, in effect, privatised such centres. Yet, the growth of the mega-agencies was slow to catch on in Sweden over the next decade, mainly due to a Nordic social ethic that rightfully grants life-long work and retirement benefits. 
<img alt="" src="" width="180" height="113" />
In the early years of the last decade, that slowly began to change. And with the coming of the financial crisis in mid-2008, the trend clearly shifted. Mass layoffs became the norm and in the second half of 2009, when even the slightest uptick in a company&rsquo;s business caused a need for added staff, company after company relied on employment agencies to fill that need. 
 
Swedish labour unions clearly saw their own need to protect the rights of full-time workers who were victimized by the crisis. 
 
Language in the new collective agreements stipulates that employers have the obligation to negotiate with the respective union before turning to labour-hire companies. Those negotiations are to occur on the local level and must take into account permanent workers who have been made redundant and are on re-hire lists. If such workers are qualified for the jobs that an employer seeks to outsource to an agency, those workers must be re-hired or else the employer faces steep financial penalties. Thus, the effective deterrent is in place inside the collective agreements. 
 
If the trade union and employer cannot agree on qualifications, the case goes to the national level where a joint panel will decide. (In one sector agreement, the national panel also consists of an independent mediator in the event the joint labour-management panel cannot agree.) 
 
Employers face the risk that, if no agreement is made at the local level, and they do bring in agency workers and the national panel rules in favour of the redundant worker, the company ends up paying double salaries, with the redundant worker, in some cases, getting up to a SEK 65,000 judgment award. The employer generally has five days to halt the use of agency labour when such employment is challenged before the penalty applies. 
 
One sector agreement contains a joint labour-management committee to monitor this specific aspect of the agreement in order to shape a &ldquo;good practices&rdquo; standard of employment regarding short-term contract and agency labour that is also intended to assure that there are no violations of the language. 
 
All in all, this Swedish model to restrict temporary employment, curtail the exploitative nature of labour agency firms, and promote the concept of decent work through permanent and sustainable jobs is a good one. It is also a model that trade unions in other countries should closely examine.

Sweden’s 2010 Collective Agreements Give First-Ever Language to Stem Agency Labour

Through a series of thorough and well-designed inspection visits, held between October and December 2009, labour inspectors in Peru investigated whether or not Skanska Peru, a &ldquo;major subcontractor&rdquo; to state-owned Brazilian oil company Petrobras, respected Peruvian labour law in regard to contract and agency labour in Piura, Peru. The inspectors, who worked closely with the Sindicato de los Trabajadores de Skanska de Peru, which is affiliated to ICEM affiliate FENUPETROL, wrote down their findings in a lengthy report, published early in 2010. 
 
Of the total of 1,210 workers that Skanska Peru employs, 380 work in Piura, a town in the Talara region. The Skanska workers perform extraction, production, maintenance, and sales jobs for Petrobras. 
 
According to Peruvian law, a subcontractor needs to run its operations on &ldquo;its own account and risk,&rdquo; needs to have its &ldquo;own financial and technical means, as well as its own material,&rdquo; needs to be responsible for its own operational results and needs to directly employ its own workers. Moreover, subcontractors should have more than one client and they cannot be entities that &ldquo;merely supply staff,&rdquo; with workers having a direct and immediate relationship with the user-enterprise. 
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The inspectors found that Skanska Peru violated all of the above. Petrobras, as the user-enterprise, not only decided on the total number, the working hours and the salaries of the Skanska workers employed through the &ldquo;service contract,&rdquo; Petrobras also &ldquo;agreed&rdquo; on collective bargaining agreements and was involved in the evaluation and sanctioning of contract staff. The material used (including even the IT needed to provide the Skanska services) was also the property of Petrobras. Skanska was furthermore found to be working for only one client in Talara, i.e. Petrobras. 
 
Where there merely is a &ldquo;straightforward provision of personnel,&rdquo; the law in Peru foresees that the personnel in question need to be incorporated into the user enterprise. As Skanska was found to &ldquo;fail to comply with the requirements to be a subcontractor,&rdquo; the inspectors came to the conclusion that, as foreseen in the law, the 380 Skanska workers in Talara must be given a &ldquo;direct and immediate&rdquo; employment relationship with the user-enterprise, i.e. Petrobras. 
 
The process currently is in a reconciliation stage, with all parties being given a chance first to react to the report.

Peru Says Petrobras Contract Workers Need to be Made Permanent

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With the ashes from the global financial crisis still about us, the ICEM has joined with the 11 other Global Union Federations (GUFs), as well as the International Trade Union Confederation and the Trade Union Advisory Committee (TUAC) to the OECD in issuing a joint 1 May statement. That statement follows below. 
May Day 2010 
Jobs, Justice and Public Services &ndash; Getting the Economy to Work 
The Council of Global Unions, the voice of the global labour movement, has issued the following statement to mark May 1, 2010 
 
On today of all days, trade unionists around the world demand fresh steps to reform the global economy in favour of social justice, investment in jobs and fairness in society. This is no time for business as usual. 
 
Neo-liberal economists and reckless financial dealings have created a crisis that has put millions of people out of work and forced many more into precarious employment to survive. Social safety nets are being torn apart. Public spending that provides for cohesive communities is being savagely cut. 
 
With all of this in mind, Global Unions call on policymakers and democrats everywhere to support a new paradigm of recovery and social justice that will: 
 
&bull; Reassert in government at all levels the primacy of public interest over private gain and ensure that the protection of citizens&rsquo; rights is made a cornerstone of social and economic development; 
 
&bull; Defend the rights of workers and trade unions; 
 
&bull; Mobilise for the creation of sustainable, secure and good quality jobs for all workers, that allow workers and their families to live in dignity; 
 
&bull; Ensure that social justice is a central mission of government and take concrete measures to reduce income disparities and increase equality, in particular gender equality; 
 
&bull; Eliminate market abuse through short-term speculation and manipulation of financial markets by imposing binding and effective regulation; 
 
&bull; Promote sustainable development with job-centred policies, effective social protections and reversal of global warming and environmental degradation; 
 
&bull; Renew commitment to public service values in society and enhance the contribution of quality public services to fairer and more efficient societies, and to finance these services through progressive systems of taxation that provide sufficient resources while improving social equity; 
 
&bull; Commit to education for all and provide resources needed to achieve the enrichment of society that comes from high quality education and training; 
 
&bull; Improve the quality of people&rsquo;s lives by providing universal access to health care and other vital social welfare services, as well as such fundamental issues as clean water and adequate nutrition, and breathing new life into efforts to achieve the UN Millennium Development Goals. 
 
May Day 2010 is a moment to change course, to meet the aspirations of workers and communities for a new beginning, to put to flight self-serving politics and corporate greed, and, above all, to build a new solidarity in society in support of people-centred values that will enrich the lives of all. 
 
 
The PDF of the statement can be found <a href="http://www.world-psi.org/Template.cfm?Section=Home&amp;CONTENTFILEID=29028&amp;TEMPLATE=/ContentManagement/ContentDisplay.cfm">here</a>.

Global Labour’s Joint 1 May Statement

The Executive Committee of the International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions (ICEM) Federation, meeting today 26 May in Geneva, passed three key resolutions. Firstly, the Executive drew sharp attention on the International Labour Organisation (ILO) and its role to improve safety conditions in the world&rsquo;s mines. 
 
The ICEM also passed resolutions reiterating its strong support to the United Steelworkers in Canada in its 11-month strike against Brazilian-based Vale, and support to the National Miners&rsquo; and Metalworkers&rsquo; Union of Mexico (SNTMMSRM), also known as Los Mineros, in its lengthy struggle against Grupo Mexico and the government of Mexico. 
 
The adopted statement on mine safety called on the ILO to do more to press member states to ratify Convention 176, the Safety and Health in Mines Convention. Recent mining tragedies in Turkey and Russia served as a backdrop for the Executive issuing strong rhetoric for immediate action by the ILO. 
 
&ldquo;Our statutory body strongly feels that the ILO must become more pro-active in investigating causes of safety negligence, and insist on a greater trade union role in promoting safe work conditions,&rdquo; said ICEM General Secretary Manfred Warda. 
 
In Turkey, the ICEM endorsed today&rsquo;s three one-hour work stoppages by 10,000 miners, strikes that were led by ICEM affiliate Genel Maden-Is. The strikes across the coal-mining region of Zonguldak follow the deadly 17 May methane explosion in the Karadon mine, which killed 30 non-union and short-term contract workers. The strikes were meant as a message to the Turkish government, demanding safe work conditions inside mines, as well as ratification of Convention 176.
The ICEM Executive also condemned faulty pay schemes in mining in several countries, including Russia where monthly salaries are kept extremely low, with miners expected to achieve high production quotas to supplement their pay. This likely was the case at the Raspadskaya mine in the Kemerovo region, where 90 workers died due to methane gas explosions in early May. 
 
The safety statement also addressed a rash of accidents in both the upstream and downstream oil and gas industries, including a refinery explosion in the US state of Washington that killed seven and the Gulf of Mexico disaster. &ldquo;While much is made of the environmental destruction along the United States Gulf coast brought about by the oil rig explosion, which indeed merits attention, little is made of the fact that 11 offshore workers died and 15 others were seriously injured,&rdquo; read the statement. See full resolution <a href="/index.php?id=97&amp;la=EN&amp;doc=3794">here</a>. 
 
The resolution regarding the USW strike at three locations of Vale in Canada called attention to the company&rsquo;s ongoing aversion to negotiate in good faith with the union. The global campaign for justice at Vale, by the ICEM, the International Metalworkers&rsquo; Federation (IMF), and affiliates from around the world has improved conditions for workers, said the resolution. See full document <a href="/index.php?id=5&amp;la=EN&amp;doc=3796">here</a>. 
 
The third resolution, on Los Mineros&rsquo; struggle against Grupo Mexico and the government of Felipe Calderon, condemns the recent brutal and unprovoked attacks by the Mexican Federal Police on members of the union. The attack is seen as a direct attack on the autonomy of Los Mineros. Police fired on, detained, and physically attacked the workers in the city of L&aacute;zaro C&aacute;rdenas, Michoac&aacute;n. Among those attacked was Mario Garc&iacute;a Ort&iacute;z, Los Mineros&rsquo; special delegate for the State of Michoac&aacute;n, also the Alternative General Secretary of the union and President of the recent Convention of the union. 
 
The ICEM statement calls on the Mexican government to acknowledge the result of the democratic election of the Los Mineros Congress, in which Napoleon Gomez Urrutia was elected. See the full document <a href="/index.php?id=5&amp;la=EN&amp;doc=3795">here</a>. 
 
The ICEM is a Global Union Federation consisting of 467 trade unions in 132 countries, representing in total 20 million workers. 
 
For further information, contact ICEM Information Officer, Dick Blin, <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, or +41 79 734 8994 (mobile), or Tom Grinter, ICEM Communications and Campaigns, <a href="mailto:tom.grinter@icem.org">tom.grinter@icem.org</a>, +41 79 693 4499 (mobile).

ICEM Executive Demands ILO Action on Mine Safety, Justice in Canada and Mexico

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State-run electric power utility Eskom got a court intervention last week preventing South Africa&rsquo;s National Union of Mineworkers (NUM) from striking. The order came on the eve of a mass demonstration by NUM at the company&rsquo;s headquarters in MegaWatt Park, Johannesburg, on 26 May. 
 
The strike by NUM&rsquo;s 16,000 members at Eskom was supposed to begin that same day. The company has reneged on an agreement reached last summer that increased housing allowances would be put into effect by late in 2009. Eskom also has recanted over installing full-time safety representatives. A further demand by NUM is that shop stewards be given training and allowed to represent workers on issues before South Africa&rsquo;s Commission for Conciliation, Mediation, and Arbitration (CCMA). 
 
Meanwhile, the utility dumped salt in the wounds of utility workers in the final round of a three-session set of 2010 wage talks. On Friday, 28 May, Eskom offered workers a paltry 3.5% wage increase, far below South Africa&rsquo;s inflation index. 
<img alt="" src="" width="150" height="148" />
The proposed increase was intended as part of a three-year labour agreement. &ldquo;This is a serious insult to workers who are classified as essential but treated like dirt,&rdquo; stated NUM Energy Sector Coordinator Job Matsepe. 
 
A South African labour court ruled late on 25 May that &ldquo;Eskom is an essential service and employees of an organisation classified as such are prohibited from taking part in industrial action.&rdquo; 
 
A strike was averted last year when Eskom, the NUM, and two other unions agreed to refer the housing allowance to a task team that would meet and make the increase by 1 December 2009. That did not happen. All three unions seek a R5,000 (US$654) housing allowance. &ldquo;We have discovered that referring matters to a task team is an Eskom delay tactic,&rdquo; said Num spokesman Lesibo Seshoka. 
 
At NUM&rsquo;s National Central Committee meeting early in May, leadership came out strongly against privatisation of any portion of power generating plants or other state-owned assets.

South African Court Blocks NUM from Striking Electric Utility Eskom

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A wage agreement will likely will be signed today giving 5,800 miners and metalworkers in Georgia a minimum 15% pay increase, backdated to 1 May. For those working shifts at the Zestafoni Ferroalloys plant and Georgian Manganese mines, a further 7% was won on top of the 15%. 
 
That was assured on Friday, 28 May, when one of the Georgian shareholders of the two enterprises signed off on the increase. The managing directors of the manganese processing plant and mines are expected to sign the wage portion of the contract today in Zestafoni with leaders of the ICEM affiliate, Metallurgical, Mining, and Chemical Workers&rsquo; Trade Union of Georgia, Imereti Region branch. 
 
A further agreement covering paid holiday leave, sick leave, a joint contributory pension plan, and other workplace conditions is expected to be consummated in the very near future. The union, with valuable assistance from the national labour centre, Georgian Trade Unions Confederation (GTUC), as well through ICEM intervention, won recognition in mid-May after strikes and public activities in the previous weeks. (See earlier ICEM report <a href="/en/78-ICEM-InBrief/3777-Free-Trade-Union-Recognised-for-Miners-Metalworkers-of-Georgia">here</a>.) 
<img alt="" src="" width="280" height="210" />
The boost to salaries is fair and just, since pay at the Zestafoni Ferroalloys plant and manganese mines in Chiatura is extremely low. Miners had earned an average monthly wage of GEL (lari) 450, or US$238, &euro;192. The average monthly salary inside the ferroalloy plant, where 2,200 of the 5,800 workers are employed, is GEL 562, or US$298, &euro;240. 
 
As often happens when such struggles for democratic trade union representation and workplace improvements become public and are successful, industrial workers in other Georgian enterprises also are seeking representation. Both GTUC and the Metallurgical, Mining, and Chemical Workers&rsquo; Trade Union of Georgia are currently working with employees in steel and other industrial enterprises for recognition, wage improvements, and workplace rights. 
 
The ICEM congratulates the federation and its Georgian trade union affiliate on its accomplishments at Zestafoni and Chiatura, and pledges continued resources and a global presence as the unions better the working lives of all Georgian industrial workers.

Georgian Miners, Metalworkers Get Long Overdue Pay Rises

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A historic event took place early this month in the northern Iraq region of Kurdistan: the region&rsquo;s two labour federations, traditional tied to Kurdistan&rsquo;s two political parties, merged, creating a single voice for workers in northern Iraq. 
 
The new federation is called the Kurdistan United Workers&rsquo; Union, and consolidates the Kurdistan Workers&rsquo; Union and the General Workers and Crafts Syndicate Union. The merger was first reported ten days ago on the website of UK&rsquo;s Trades Union Council (TUC). Hangam Abdullah Khan and Yassin Aziz Ali are to serve as co-Presidents. 
 
&ldquo;When we were two federations, we spoke with two voices,&rdquo; stated Hangam Abdullah Khan. &ldquo;Now it is working people who will benefit from us having one voice.&rdquo; 
<img alt="" src="" width="274" height="206" />
Added Yassin Aziz Ali, &ldquo;With this new union, we have high hopes. We hope to have an increasing membership, women in leadership positions in the union, and more campaigning power, especially on our top priority &ndash; new progressive labour laws in the Kurdistan region and across federal Iraq, and on social security, too.&rdquo; 
 
The new trade union federation, according to the TUC site, is 95% merged and is in a one-year transitional state. Despite that, it already has a President for Women &ndash; Nazanin Tariq Ali. 
 
The ICEM congratulates the leaders of the former union federations for coming together in the best interests of not just Kurdish workers, but for setting an example throughout Iraq.

The Two Trade Union Federations in Iraqi Kurdistan Unite, Merge

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The ICEM Executive Committee, on the second day of its annual deliberations 27 May, denounced Iraq&rsquo;s government for continued failure to enact a draft labour law, as well as numerous and current prohibitions against trade union activities. 
 
The resolution noted continued adherence to a Saddam Hussein decree that bans trade unions in the public sector, which includes the oil, gas, and electric power industries, and continued imposition of Decree 8750, imposed by the occupation forces in August 2005. That draconian decree, equally restriction on trade union rights as the Saddam one, grants government the power to take over unions at will and forbids trade unions from holding any assets or collecting subscriptions from workers. 
 
The resolution also addresses the forced removals of trade union leaders from their work in the oil, gas, and related sectors, and condemns the most recent imposition by the government in restricting trade unionists from travelling outside the country. In that, the Supreme Ministerial Committee on Supervising the Implementation of the Governing Council Resolution No. 3-2005 must issue approval to those trade unionists seeking to travel or those invited outside of Iraq. 
<img alt="" src="" width="311" height="207" />
ICEM Executive Committee
&ldquo;The ICEM Executive Committee condemns all of these Iraqi government acts against trade unions,&rdquo; states the resolution. &ldquo;We salute the bravery of our Iraqi brothers and sisters who continue to organise, represent and protect workers despite these attacks and a background of continued and escalating violence in the society at large. 
 
&ldquo;We are appalled that seven years after the fall of Saddam Hussein&rsquo;s regime, workers in Iraq are still without legislative protection of their fundamental rights at work.&rdquo; 
 
(The complete resolution can be found in English <a href="/wp-content/migration/icem/IraqExecResolution27May2010.pdf">here</a>, and in Arabic <a href="/wp-content/migration/icem/1006.iraqresolution.ec.pdf">here</a>.) 
 
The resolution notes the fact that trade unions inside Iraq have mounted a campaign for a globally-recognised labour law, complete with a website (found <a href="http://www.iraqitradeunions.org/cgi-bin/campaign1.cgi">here</a>) and encourages all trade unionists everywhere to visit the site and register your support for a fair and just labour law inside Iraq. The ICEM strongly supports the campaign and the website.

ICEM Executive Condemns Repressive Union Actions by Iraq

<img src="" width="100" height="39" alt="" />
Rio Tinto Zimbabwe Ltd. (RioZim), operator of the Renco Gold Mine in Zimbabwe&rsquo;s Masvingo province, has maliciously taken revenge on members of the Associated Mine Workers&rsquo; of Zimbabwe (AMWZ) immediately after the end of a five-day national mine strike in mid-May. The company has discharged 70 miners, suspended 370, and given a total of 760 of Renco&rsquo;s 1,000 workers final warnings for taking part in the strike. 
 
Management&rsquo;s disciplinary actions come despite the fact that all strikers at Renco returned to work within the mandatory 24-hour period after Zimbabwe&rsquo;s Labour Ministry stopped the strike with a &ldquo;show-cause&rdquo; order on 14 May. 
 
&ldquo;Our concern now is that other mining enterprises will use this as a precedent to fire workers who took strike action,&rdquo; said AMWZ President Tinago Ruzive. &ldquo;In fact, as soon as we received the order, we informed all strikers to return to their jobs and we were successful in communicating this.&rdquo; 
<img alt="" src="" width="250" height="115" />
(A 17 May ICEM briefing on the strike&rsquo;s end can be found <a href="/en/78-ICEM-InBrief/3779-Zimbabwe-Mine-Strike-Suspended-by-Decree-of-Labour-Ministry">here</a>.) Ruzive and the AMWZ attempted to meet with Renco management over the unfair disciplinary measures, but management refused the meeting. The union must now take the matter to a labour court. 
 
The &ldquo;show-cause&rdquo; order called for a 20 May hearing on the pay strike in Harare. But the Labour Ministry cancelled that hearing and no new date has been scheduled. Some 20,000 miners struck 45 different mining companies affiliated to the Chamber of Mines in mid-May over non-payment of wage adjustments made in an arbitration award last year. 
 
Mining companies affiliated to the chamber have also neglected to remit contributions to the Mining Industry Pension Fund, monies owed to the National Employment Council for the Mining Industry, and to the AMWZ for subscriptions, a further cause of miners taking legal strike action after the AMWZ issued the mandatory 14-day strike notice in late April. 
 
RioZim is the country&rsquo;s largest resource company listed on Zimbabwe&rsquo;s bourse. Besides the Zenco Gold Mine, its assets include 22% of the Murowa diamond mine (with Rio Tinto Group holding 78%), the Empress nickel refinery in Kadoma, which processes matte from Botswana, and 50% of the Senga coal fields in Gokwe North.

Rio Tinto Sacks 70, Suspends 370 Following Zimbabwe Mine Strike

The ArcelorMittal Health and Safety Committee, created in June 2008 in a common effort by the company and unions to improve safety in ArcelorMittal, issued its first report of activities on 15 August called &ldquo;Together for Safety.&rdquo; The number of fatalities has declined since 2008, but remains unacceptably high in the company. 
 
In 2008, ArcelorMittal management and unions signed an agreement to create a Joint Health and Safety Committee to address the high number of fatalities in the company&rsquo;s units. The Committee is composed of representatives of the IMF, the European Metalworkers&rsquo; Federation, the United Steelworkers (USW), CNM-CUT, a mining area representative, and company Health and Safety representatives. 
 
On 15 August, the Joint Global Health and Safety Committee launched its first report, concluding it has had a positive impact on the number of fatalities, which it ascribes to good workplace cooperation between trade unions and management. 
 
Since its inception, the Committee has created local health and safety committees and made site visits in priority company sites in Kazakhstan, Brazil, Mexico, Czech Republic, Romania, South Africa, USA, Argentina, and Ukraine. During these visits, local union members and management met with committee members to review the local safety situation and develop a health and safety action plan. The committee has then arranged follow-up visits. 
 
The committee concludes that it has had a positive impact on the number of accidents in the workplace, especially fatalities, and helped reduce risk faced by workers. It has also helped to improve communication and cooperation between unions and management, locally and globally. 
 
The committee, however, also notes an increase in the number of fatalities in the last year &ndash; from 36 in 2009 to 41 in 2010, which is considered to be unacceptably high by both unions and management. 
 
There remain issues of dispute between unions and management. The company has publicised a set of &ldquo;Golden Rules&rdquo; for safety and associated actions, including penalties for violations, while unions fear that this violations policy will impede safety by dissuading workers to report about minor accidents and near misses, thereby creating a lazy safety management culture. 
 
There is also joint criticism of inconsistent responses to requests for health and safety training, and a deficient dialogue on the subject at some business units and work sites. 
 
The parties remain committed to the committee&rsquo;s work, and see the joint report and accompanying union and management statements as evidence for a working dialogue and commitment to building a positive workplace culture. 
 
The report, &ldquo;Together for Safety,&rdquo; has been issued in English, and will be published also in French, Spanish, German, and Portuguese. 
 
For further details, contact Joint Committee co-chair Rob Johnston at <a href="void(0);/*1316099350265*/">rjohnston@imfmetal.org</a>.

Common Efforts Input to Workers’ Safety at ArcelorMittal

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