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Today, the ICEM Presidium held its bi-annual meeting in Geneva, with the annual meeting of the Executive Committee scheduled for Tuesday and Wednesday, 24-25 May. The meetings are being held at the ILO. 
 
Besides presenting a Secretariat Report and preparations for ICEM&rsquo;s Fifth Statutory Congress, the decision-making bodies will receive an ICEM Action Plan for the Congress and beyond. The Action Plan will be a working document through to the Congress, scheduled for 24-26 November 2011 in Buenos Aires, Argentina. 
 
On Wednesday afternoon, 25 May, the Executive Committees of ICEM, International Metalworkers&rsquo; Federation (IMF) and the International Leather, Textile and Garment Workers&rsquo; Federation (ITGLWF) will meet in joint session to review the integration progress. IMF and ITGLWF statutory bodies are also meeting separately in Geneva this week. 
 
The three Global Union Federations (GUF) have been conducting joint task force deliberations to explore integration and to lay the groundwork for it. The task force has met four times since September 2010, with the most recent meeting &ndash; in Frankfurt on 5 May &ndash; producing a tangible outline for a new and dynamic industrial GUF. In Frankfurt, Nordic trade unions stepped forward and offered Copenhagen as the site for a founding Congress, likely to be held in 2012.

ICEM Statutory Bodies Meet in Geneva this Week

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The already-limited freedoms of association in Iraq are under further attack. Last month, the Cabinet arbitrarily dismissed the executive board of the country&rsquo;s largest trade union organisation, the General Federation of Iraqi Workers (GFIW), and established a new committee to take over all union structures and assets, oversee and control upcoming union elections. 
 
Cabinet Decrees 95 and 96 were issued on 17 April, withdrawing recognition of the GFIW and appointing a &ldquo;Ministerial Preparatory Committee&rdquo; (MPC), consisting of un-elected, politically bias officials, mostly from the Sadrist Party. MPC employees have already begun distributing union membership cards, arbitrarily choosing members favourable to their faction. Further to this, union offices have been taken over with support from police and military personnel. Upcoming union elections are expected to be held inside the Sadrist Party offices. 
 
The deeply concerning developments follow a recent distribution of government ministries between the various political factions of the coalition. The carving up of responsibilities saw the labour ministry taken over by the small, Shia sectarian Sadrist movement, followers of Cleric Moqtada al-Sadr. 
 
Eight years after the fall of Saddam Hussein, his regime&rsquo;s regressive labour laws have not been replaced, meaning all public sector employees have no right to organise or bargain collectively. The vast majority of workers in Iraq are affected by this law. But this latest attack is even in breach of the Saddam legislation. 
 
The TUC in the United Kingdom has been on the front line of a global union backlash, calling on the Iraq government to back down. TUC General Secretary Brendan Barber wrote to Prime Minister Nouri Al-Maliki explaining that the TUC will exercise its veto right to block the government-nominated workers&rsquo; delegate to the ILO Annual Conference (ILC) in June, unless the attack is reversed. 
 
Support the <a href="http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=917">Labourstart campaign</a>, and send your protest message to Iraq Prime Minister Nouri Al-Maliki here. Also send your opposition to this attack on the GFIW to the Iraqi Embassy in your country. International pressure has proved effective in Iraq over recent years. The labour ministry decree has been publically condemned by the Minister of Civil Society in Iraq. Build the pressure, join the campaign. 
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Oil workers protest in Basra for fair wage
Iraqis continue to bravely organise in face of the government attacks. Oil workers in Basra last week, 10 May, walked out and threatened to stop production at the state-run South Oil Corporation, demanding fair salaries and benefits to match those of oilworkers at the international corporations operating in Iraq. Foreign workers were to be blocked from entering oil fields yesterday, but Basra Governor Khalaf Abdul Samad Khalaf agreed to meet the unions and averted the escalation of the protest, for the time being.

Iraqi Government Moves to End Free Trade Unions, Remove Recognition of National Centre

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The ICEM conducted a seminar entitled &ldquo;Modern Occupational Health and Safety Management in the Mining Industry,&rdquo; in Tbilisi, Georgia, on 4-8 July. The seminar was facilitated with the financial support of the ILO through its Moscow branch, and included the participation of ILO specialists. 
 
Representatives of ICEM affiliates in Georgia, Armenia, and Azerbaijan, as well as respective national trade union centres, were brought together with trade union leaders responsible for workers&rsquo; safety and health. 
 
ILO Convention 176, the Safety and Health in Mines Convention, was the central topic. ILO Conventions 187 and 155 on occupational health and safety, and their related Recommendations were also studied by participants. In-depth discussions were conducted over the systematic and preventive approach of the ILO, particularly in the mining industry, and risk assessment and implementation of state standards for enterprises were studied. 
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At the opening session, Confederation of Trade Unions of Georgia President Irakli Petriashvili, took the floor. He noted the relevance of the chosen topic, as well as the importance of the realisation of such a project in Georgia. As before, the relationship between unions and the government remain strained, he said, and there is no social dialogue. Most importantly, there is no legal basis for the adoption of necessary documents concerning labour protection. 
 
Petriashvili thanked international trade union representatives for their participation, which would again pressure the Georgian government to respect the national trade unions and their struggle for workers&rsquo; rights. 
 
Especially significant was involvement in discussions from representatives of ICEM affiliated unions in Armenia and Azerbaijan. The trade unions in these countries are working closely with their governments and employers. Armenia ratified Convention 176 back in 1999, while Azerbaijani participants reported a good situation for workers in the mining industry. In Georgia, there is no possibility of ratification of ILO Convention 176 in the foreseeable future, due to a total lack of dialogue between unions and the government. 
 
The seminar was attended by the ICEM Representative for Central and Eastern Europe, Anatoly Surin, and ICEM Health, Safety, Sustainability Officer, Brian Kohler. From the ILO, Viking Husberg, Specialist in Occupational Safety, and Oksana Gerasimova, Occupational Safety Coordinator of ILO Moscow took part. Also participating was Martin Hahn, Chief Specialist of the ILO responsible for the mining industry.

ICEM, ILO Conduct Mine Safety Seminar in Tbilisi, Georgia

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A two-year organizing campaign conducted by ICEM Turkish affiliate Petrol-İş, the Oil, Chemical, and Rubber Workers&rsquo; Union, has faced serious difficulties at targeted worksites. The anti-union Turkish labor legislation, which has been criticized by the ILO and whose major conventions have been ratified by Turkey, as well as hostile employer actions are the main reasons why. 
 
Petrol- İş has been picketing several factories to showcase this absence of genuine union rights. The ICEM was recently in Turkey supporting the union&rsquo;s organizing drives. General Secretary Manfred Warda and Director of Industry and Corporate Affairs Kemal &Ouml;zkan visited in early July to lend support. 
 
They first visited workers at Polyplex in the Corlu free trade zone, close to the Bulgarian border. Workers at Polyplex were in their 240th day of struggle after joining Petrol-İş in November 2010. When management learned of the drive, they used different tactics to get rid of the union, including firing 22 workers seen as union activists. 
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Manfred Warda Addresses Workers of Polyplex Europa
The Turkish Ministry of Labour and Social Security authorized Petrol-İş as the lawful bargaining unit on 5 January 2011. But managers immediately used the anti-labour provisions of Turkish legislation to delay collective bargaining by filing an appeal at a local labor court alleging that Petrol- İş had not signed up the required majority of workers. This stood as clear signal that Polyplex Europa would not recognize the union&rsquo;s existence. Such an appeal could run for two years, thus denying workers union rights. Both ICEM and Petrol-İş asked the company for a meeting to reconcile, but Petroplex consistently refused. Union representatives met with the General Consulate of India in Istanbul and stressed that the current situation brings a bad public image to the reputation of India. 
 
&ldquo;I am here on behalf of the entire ICEM family to show our solidarity,&rdquo; said Warda. &ldquo;We applaud the workers&rsquo; honorable struggle and we vehemently protest the Indian company Polyplex because of disrespect to workers&rsquo; rights guaranteed by international conventions.&rdquo; 
 
Warda and &Ouml;zkan later visited dismissed workers at the Aroma-Polifarma pharmaceutical company in the same region. A large majority of 300 workers at Aroma-Polifarma became Petrol-İş over the last few weeks. This came because of inhumane working conditions such as extended working hours, up to 16 hours per day; short breaks, only a maximum 30-minute break for lunch; inadequate drinking water in which some workers developed kidney problems; and most shamefully, cameras in the dressing rooms, even in the women&rsquo;s room. 
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Warda and Petrol-İş President Mustafa &Ouml;ztaşkın (center) with Polifarma Workers
The day before the ICEM visit, Polifarma dismissed some 150 workers because they were suspected of joining the union. In his letter to the owners of the company, the Kumrulu family, Warda said the sackings are clear violations of basic human and labour rights which can never be accepted or tolerated. &ldquo;I am sure most of these practices are subject to measures in Turkish penal and labor legislation,&rdquo; he wrote. &ldquo;Under all these circumstances, on behalf of the whole ICEM family, I vehemently protest all that you&rsquo;ve done &hellip; and urge you to immediately&rdquo; cease and desist. 
 
The ICEM delegation also went to the city of Gebze where dismissed workers of German-based Bericap were in their 200th day of resistance to the company&rsquo;s mass dismissals. Petrol-İş organised workers at Bericap in July 2009, following dismissal of six workers initally for attempting to unionise. On 26 January 2010, a collective agreement was agreed to in hopes of a mature labour relations relationship. 
 
But local management never intended to fully recognize the existence of Petrol-İş and began implementing a hostile attitude against the union and union members. Under such negativity, four union members were dismissed without justification on 25 December 2010 with no union rights being adhered to. In response, some 100 Petrol-İş members started an industrial action in front of the workplace. Local management terminated employment contracts of all those protesting and failed to provide any severance compensation. The Bericap situation became a prominent case in Turkey, which created an environment against the company and workers won the support of different community groups. (A short video of a <a href="http://www.evrensel.net/news.php?id=9396">Bericap Manifestation</a> can be seen here.)&nbsp; 
 
ICEM and Petrol-İş several times tried to initiate dialogue with Bericap in order to reinstate the dismissed workers, but reciprocal good will from the company never resulted. ICEM also informed its German affiliate, the IGBCE, the German Metalworkers&rsquo; Union, IG Metall, and the International Metalworkers&rsquo; Federation (IMF), since the German unions represent workforces there. Labor inspectors appointed by the Labour and Social Security Ministry recently disclosed their report after investigations. The report clearly states that local managers abused workers&rsquo; rights. Bericap Turkey is now liable and must pay compensation to the dismissed workers. In addition, local management must pay penalties since deficiencies and legislative misalignments were found during the inspection. 
 
&ldquo;Bericap cannot behave irresponsibly to its employees,&rdquo; said Warda in his address to striking workers on the picket line. &ldquo;We will give a last chance to the company to solve this problem in a peaceful way. Otherwise an international &lsquo;shame campaign&rsquo; will be launched.&rdquo; Immediately after the visit, ICEM sent another letter to Bericap Managing Director Alexander Krautkramer to take immediate actions to restore good-faith labour relations. 
 
&ldquo;We are pleased to have the support and solidarity of the ICEM in these struggles,&rdquo; said Petrol-İş President Mustafa &Ouml;ztaşkın. &ldquo;Our international partner has offered tremendous support in all our organizing drives and we know success will come with global solidarity from all workers of these companies worldwide.&rdquo;

ICEM Lends On-site Support to Workers Organising with Turkey’s Petrol-İş

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The annual meeting of ICEM&rsquo;s International Nuclear Workers&rsquo; Union Network, (INWUN) took place in the US city of Boston on 14 July, preceded by a two-day ICEM Electric Power conference. Some 30 union delegates from ten nations attended, including unions representing nuclear power station workers, uranium miners, and staff employed along the nuclear supply chain, including fuel conversion and enrichment processes. 
 
INWUN was founded inside the ICEM in 2004 and was incorporated as an official workers&rsquo; network of the Global Union Federation (GUF) in 2008. It is presided over by David Shier of the Canadian Power Workers&rsquo; Union (PWU), who stressed the importance of adding more unions to the network once conclusion of a new GUF is built with the International Metalworkers&rsquo; Federation (IMF) and the International Textile, Garment, Leather Workers&rsquo; Federation. 
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IGBCE&rsquo;s Ralf Barttels
This year&rsquo;s event featured in-depths looks at the US lockout by Honeywell of members of United Steelworkers (USW) Local 7-669 in Metropolis, Illinois, as well as a spirited question and answer session of leaders of the 220,000-member Japanese affiliate Denryoku Soren, or the Federation of Electric Power Related Industry Workers&rsquo; Union. That focused on the cooling down and aftermath of the Fukushima Daiichi nuclear power station following March&rsquo;s earthquake and tsunami. 
 
Denryoku Soren leaders Takashi Wakasugi, Kiyoaki Kotabe, and Manabu Sasaki spoke of the courage that came to workers and union staff working at Fukushima in the days immediately following when hundreds of ICEM affiliates poured moral and physical support to the Japanese union. &ldquo;Your encouragement and solidarity enabled all of us to press forward with restoration work as strenuous as it was,&rdquo; said Wakasugi, Denryoku Soren&rsquo;s Policy Officer. 
 
The USW was represented at INWUN by Vice President James &ldquo;Kip&rdquo; Phillips, Local 7-669 President Darrell Lillie, and the local&rsquo;s Vice President, Tim Goines. The lockout by Honeywell, ongoing now for 55 weeks (see recent ICEM <a href="/en/78-ICEM-InBrief/4538-Honeywell-Threatens-Safety-by-Extending-Lockout-of-USW-Members-">news dispatch</a> here), pits a multinational company against a group of 228 workers, who represent the safety and security of a community of 6,400. 
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Ukraine Atomprofspilka President Valeriy Matoc, with Lesia Semeniaka Seated
Since last July, Honeywell has been attempting to operate the uranium conversion plant with scab workers and several near-miss safety and environmental occurrences have happened. INWUN delegates condemned the US Nuclear Regulatory Commission&rsquo;s decision to grant licenses to Honeywell to operate the plant with scab workers, and a letter to that extent was sent to the American agency. 
 
INWUN delegates also heard reports from individual countries, including the German union IGBCE on the de-commission of all nuclear facilities by the year 2022. IGBCE Representative Ralf Barttels made clear that although the union accepts closure of power stations in harmony with the wishes of the German public, the union has lobbied successfully to retain uranium enrichment, nuclear fuel production, research and development, and manufacture of nuclear components. 
 
French delegates told of their ongoing efforts to achieve a Global Framework Agreement with Areva, as well as their court efforts to block outsourcing by the global nuclear provider in France. Delegates to INWUN also pledged to build a more coordinated dialogue with employer federations in the nuclear industry, particularly around safety. A representative from the industry-based World association of Nuclear Operations (WANO) also addressed the group.

INWUN Conference Hears Heroic Deeds of Japanese Nuclear Workers

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Mediated negotiations this week between ICEM affiliate National Union of Mineworkers (NUM) and the Chamber of Mines in South Africa will prove pivotal in determining if gold and coal strikes occur in the coming weeks. The NUM has also declared disputes in the nation&rsquo;s important platinum mining sector, with talks between the union and Anglo Platinum, Impala, and Northam Platinum at a stalemate. 
 
On 7 July, the NUM filed a declaration of dispute with South Africa&rsquo;s Commission for Conciliation, Mediation and Arbitration (CCMA) over unresolved issues &ndash; including pay awards &ndash; in the coal industry. Talks on 8 July with the Chamber went nowhere, with employers refusing to budge from an offer that is less than the inflation rate. The Chamber represents AngloCoal SA, Exxaro, Xstrata Coal, Delmas Coal, Optimum Coal, and Springlake. 
 
The two sides will meet again this Wednesday, 20 July, under the auspices of the CCMA. There are a combined 250,000 miners covered under the coal and gold talks with the NUM representing 80% of those workers. Gold companies represented by the Chamber include AngloGold Ashanti, Harmony Gold, and Goldfields. 
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If no solution is found this week, the CCMA is likely to issue a certification of non-resolution, which means the union need only give employers a 48-hour notice before striking. In coal, the NUM is seeking a 14% pay hike, while the Chamber of Mines has been steadfast on granting only a 4.5% increase for the lowest mine classifications and 4.2% for others. 
 
A coal strike will severely cripple state-run electricity producer Eskom, which generates 95% of South Africa&rsquo;s power needs and 45% across the whole of Africa. 
 
In gold mining, talks failed on 6 July and again on 13 July, after which the NUM filed for dispute resolution with the CCMA. The union is also seeking 14% from the Chamber in the gold talks, while employers have increased their offer from 4.2% to between 5% and 5.5% in the most recent set of talks. 
 
&ldquo;We have already begun the mobilisation for massive strike action by over 250,000&rdquo; miners, said NUM General Secretary Frans Baleni. &ldquo;A real war has just started, a war over a living wage and this is not reversible.&rdquo; 
 
That war likely will be extended to South Africa&rsquo;s rich platinum mines, as well, where the nation is the world&rsquo;s leading producer. On 12 July, NUM declared a dispute with Northam Platinum at the company&rsquo;s 6,800-worker Zondereinde Division in Limpopo Province, and at two other Northam mines. A day later, a formal dispute was lodged against Impala Platinum, where NUM is seeking 14% for the lower classifications and 13.5% for higher job grades. The union is also polling members at the world&rsquo;s number one producer, AngloPlatinum, where it is seeking a 20% increase. 
 
One mine strike has already commenced. That is at the chrome mine of Chemstof Pty. Ltd. in Boksfontein, North-West Province, where 200 workers downed tools on 11 July over wage differences, living-out allowances and transport stipends. And at diamond producer DeBeers, the two sides are still far apart over a 2011 wage package.

NUM in Formal Disputes with South African Gold, Platinum, Coal Mining Houses

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The two-week strike by 120,000 members of the National Union of Metalworkers&rsquo; of South Africa (NUMSA) ended over the weekend when union members accepted a three-year contract from the Steel and Engineering Federation of South Africa (SEIFSA), the main metal employers&rsquo; federation in South Africa. 
 
NUMSA members will receive a first-year pay rise of 10% effective 1 July 2011. In the second and third years, metalworkers will receive no less than 8% in each year. If the consumer price index (CPI) is less than that percentage, the 8% increases will take hold; if it exceeds 8%, workers will receive 2% above the CPI. 
 
&ldquo;We ran a successful action,&rdquo; NUMSA General Secretary Irvin Jim said of the strike that began 4 July. &ldquo;We applied excellent pressure, workers were firm in their determination, and the timing for settling was good before the country&rsquo;s economy was bruised.&rdquo; 
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NUMSA Manifestation on 12 July
Jim said another fundamental issue resolved concerned labour brokers. Contract language was improved whereby labour brokers are allowed to deploy workers for only a four-month period. If a labour broker is retained for more than that period that broker&rsquo;s workers will win full-time, permanent positions with the primary employer inclusive of all social benefits. Workers will begin returning to jobs today and tomorrow, 19 July. 
 
Meanwhile, talks between the Chemical, Energy, Paper, Printing, Wood and Allied Workers&rsquo; Union (CEPPWAWU) and several employers&rsquo; federations resume today. Some 70,000 CEPPWAWU members have been striking since 11 July against scores of employers in the petroleum, pharmaceutical, glass, plastics, industrial chemicals, fast-moving consumer goods, and pulp, paper, and wood products sectors. 
 
By far the biggest impact of those strikes has been in petroleum distribution businesses. The CEPPWAWU strike there has created panic buying and fuel shortages, with the seven members of the South African Petroleum Industry Association unable to move supplies to market from the country&rsquo;s 130 fuel depots. 
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CEPPWAWU Members March in Johannesburg, 11 July
CEPPWAWU&rsquo;s strikes were joined last week across several sectors by 14,000 members of the South African Chemical Workers&rsquo; Union (SACWU) and 10,000 members of the General Industrial Workers&rsquo; Union of South Africa (GIWUSA). 
 
The unions are seeking wage increases ranging from 11% to 13%, while respective industries are offering only 6.5% to 7%. ICEM-affiliated CEPPWAWU seeks a complete ban on labour brokers, a minimum month wage of R6,000 (&euro;615), six months paid maternity leave, and a 40-hour work-week. 
 
The strike, specifically in regard to fuel shortages and transport, is expected to be exacerbated starting today with the start of the third trimester of school in South Africa. Some of the companies affected are petrol giants BP Southern Africa, Chevron SA, Engen Petroleum, PetroSA, Shell SA, and Total SA; pharmaceutical companies Adcock Ingram, Aspen Pharmaceutical, and Pharmacare; consumer companies Revlon and Colgate; the industrial chemicals company Sasol, as well as Nampak Glass and paper companies Sappi and Mondi. 
 
South African strikes were amplified this winter by a PricewaterhouseCoopers&rsquo; report showing that executive pay trends of the 40 top-listed companies on the Johannesburg Stock Exchange saw median pay increases of 23.3%, while executive bonuses rose 56%.

Metal Strike Ends in South Africa with Exemplary 3-Year Contract

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A tentative collective agreement was reached late in the evening on 19 June in New York City for 15,000 General Electric (GE) workers in the US. The proposed four-year accord came hours before a Sunday midnight expiration of a prior agreement for 11,000 of the 15,000 workers, represented by the United Electrical, Radio and Machine Workers of America (UE) and the International Union of Electronic Workers/ Communications Workers of America (IUE/CWA). 
 
Ten American unions have been bargaining with GE since 24 May as part of a joint union Coordinating Bargaining Council (CBC). The unions represent industrial workers who manufacture everything from jet airplane engines to locomotive train diesels to electrical appliances to small motors to lighting systems. Pension terms negotiated under the agreement will also apply to staff of NBC, the US television network owned by GE. 
 
Details of the proposed agreement will not be released until Thursday, 23 June, to allow the GE Conference Boards of the UE and IUE/CWA time to consider all provisions and make recommendations to their respective memberships. 
<img alt="" src="" width="100" height="128" />
UE President John Hovis
&ldquo;While the proposal contains important improvements and advances, it also contains certain disappointments,&rdquo; said President John Hovis of the UE, an ICEM affiliate. &ldquo;However, given the current economic climate overall, it&rsquo;s an agreement we can support.&rdquo; 
 
Breakthroughs came in bargaining on 18 June when GE negotiators increased its wage offer and withdrew unfair and additional payments on retirees for prescription drug coverage. Entering bargaining yesterday (19 June), the two sides were still grappling with issues related to a company Health Choice medical plan, a pension scheme for new hires, and regressive GE proposals to an early retirement option for workers. 
 
The CBC has representation from the UE, IUE/CWA, United Steelworkers (USW), International Association of Machinists &amp; Aerospace Workers (IAM), National Association of Broadcast Employees &amp; Technicians (NABET/CWA), the United Auto Workers (UAW), the International Federation of Professional and Technical Employees (IFPTE), the Electrical Workers (IBEW), Sheet Metal Workers Union (SMWIU), the United Association of Plumbing and Pipefitting Union (UA), and the Firemen &amp; Oilers division of the Service Employees Union (SEIU). 
 
The talks were national in scope for multiple local branch unions of the UE and IUE/CWA, while mostly single-site or single-unit bargaining was simultaneously occurring for the other unions although the entire CBC was at the large table in the New York talks. 
 
Messages of support (or congratulations) can still be given CBC negotiators by signing this IUE/CWA <a href="http://action.cwa-union.org/c/783/p/salsa/web/common/public/content?content_item_KEY=2601 ">Unity Petition</a>.

Tentative Pact Reached in US for 15,000 General Electric Workers

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A new update has been published by the ICEM of its PowerPoint presentation on &ldquo;Contract and Agency Labour and the ICEM CAL Campaign&rdquo;. This regularly updated presentation, which can be used by anyone, contains not only a considerable number of updated key statistics on Contract and Agency Labour and other forms of precarious work, including the ICEM&rsquo;s own statistics, but also a wide range of national and international &ldquo;best practice examples,&rdquo; highlighting, among other, what unions around the world have done successfully to counter the problem. 
 
The full-length English version of the <a href="/wp-content/migration/icem/11-05-19%20CAL%20ICEM%20PPT%20for%20website.2.ppt">presentation</a> can be found - and downloaded - here.

New ICEM CAL Facts and Figures Overview

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The Organisation for Economic Cooperation and Development (OECD) has adopted updated Guidelines for Multinational Companies. The new OECD Guidelines were adopted on 25 May at a signing ceremony led by US Secretary of State Hillary Clinton and attended by AFL-CIO and TUAC President Richard Trumka. 
 
The update contains a number of positive elements, including a chapter on Human Rights and the unequivocal application of the Guidelines to suppliers and other business relationships. The Trade Union Advisory Committee to the OECD (TUAC) statement on the update of the guidelines states: &ldquo;These elements significantly increase the relevance of the Guidelines and their potential to raise the standard of responsible business conduct in a global context. The success of the Update now depends on its prompt and full implementation both by adhering governments and by the OECD.&rdquo; 
 
The updated Guidelines have particular relevance to Contract and Agency Labour as the coverage extends to those &ldquo;in an employment relationship with the multinational enterprise.&rdquo; The commentary to Chapter Five on Employment and Industrial Relations clarifies that the terminology is consistent with that used in the ILO Multinational Enterprises&rsquo; Declaration and refers enterprises wishing to understand the scope of their responsibility under Chapter Five to the non-exhaustive list of employment relationship indicators set forth in ILO Recommendation 198 of 2006, paragraphs 13 (a) and (b). 
 
Paragraph 13 of R198 states that the indicators of the existence of an employment relationship might include: 
(a) the fact that the work: is carried out according to the instructions and under the control of another party; involves the integration of the worker in the organization of the enterprise; is performed solely or mainly for the benefit of another person; must be carried out personally by the worker; is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; is of a particular duration and has a certain continuity; requires the worker's availability; or involves the provision of tools, materials and machinery by the party requesting the work; 
 
(b) periodic payment of remuneration to the worker; the fact that such remuneration constitutes the worker's sole or principal source of income; provision of payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; or absence of financial risk for the worker. 
 
The <a href="http://www.oecd.org/dataoecd/43/29/48004323.pdf">OECD MNE Guidelines</a> are available here. 
 
The <a href="/wp-content/migration/icem/TUAC%20Statement%20on%20Revised%20OECD%20Guidelines.pdf">TUAC Statement</a> on the updated Guidelines is available here (PDF)

OECD Guidelines Positively Updated

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