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ICEM and National Union of Mineworkers (NUM) President Senzeni Zokwana said the drive for profit by mining companies operating in South Africa was undercutting safety, and corporate executives must prioritize their values in order to save lives. 
 
Zokwana was speaking last week at the Mine Heath and Safety Council Summit, a tripartite forum set up in 2008 to address the mounting deaths and diseases inside South Africa&rsquo;s mining industry. And despite the conference&rsquo;s theme, &ldquo;Zero Harm,&rdquo; it was obvious from the facts, figures and rhetoric presented at the conference that South Africa&rsquo;s mine safety culture is nowhere near zero levels. 
 
&ldquo;The continuation of people dying in the industry is unacceptable,&rdquo; said Zokwana. &ldquo;Unless the CEOs take (the deaths and injuries) as seriously as they do to meet financial targets, we&rsquo;ll always have problems.&rdquo;
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Zokwana also addressed the NUM&rsquo;s habit of taking a day of mourning at a mine site when a fatality occurs. &ldquo;Some companies view the mourning of death by their employers as a strike. But we need a more caring industry,&rdquo; he said. 
 
Zokwana was one of a handful of trade union leaders and government officials who called production bonuses rather than higher monthly salaries as a leading cause of safety lapses. The Minister of Mineral Resources, Susan Shabangu, said there were &ldquo;unintended consequences created by the current bonus incentive scheme. It is time that this industry stops mindless risk-taking. I challenge the employer and employee to really address this matter because it does contribute to fatalities.&rdquo; 
 
Shabangu was also critical of industry for its profit-making, while ignoring the inherent danger of South African mining where mines are some of the deepest in the world and where rock slides &ndash;particularly in gold and platinum extraction &ndash; account for 40% of all fatalities. 
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&ldquo;I do not understand how mining companies that make billions in profit fail even to buy the latest available and proven ground monitoring and detection equipment,&rdquo; she said. &ldquo;These can cut down the number of potential fatalities considering the fact that the equipment is widely available and has been used by the civil engineering industry for a number of years.&rdquo; 
 
Shabangu promised that her ministry would increase the number of safety audits through the rest of 2011 and into 2012, and stern action would be taken against companies that do not comply with established standards. The safety council summit, a by-product of the Mine Health and Safety Council that was a statutory requirement from South Africa&rsquo;s 1996 Mine Health and Safety Act, was held on 17-18 November at Kempton Park outside of Johannesburg. 
 
Through the first ten months of 2011, 116 registered mine fatalities have occurred in the South African industry. That compares with 168 official deaths in 2009 and 127 in 2010, but the unofficial rate is certain to be much higher. 
 
In the days just preceding the summit, four miners were killed in industrial accidents: an engineering contract worker at Eastern Platinum&rsquo;s Crocodile River mine near Brits in North West Province; a Harmony Gold employee at the Kusasaletha mine near Carltonville, western Gauteng province; a miner employed by First Uranium at the Ezulwini mine in Westonaria, Gauteng province; and a miner working at the Consolidated Murchison gold mine near Gravelotte, Limpopo province.

Senzeni Zokwana Calls Out Bosses on South African Mine Safety

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A dramatic month-long occupation of an M-real paper mill in Alizay, France, ended on 18 November after trade unions CGT-Filpac and CFE-CGC signed an agreement with the Finnish company to end the blockade and release stockpiled printing papers. The strike began on 19 October after M-real dropped plans to sell the mill to one of two remaining buyers, and announced redundancies for 330 French paperworkers. (See <a href="/en/78-ICEM-InBrief/4726-French-Paperworkers-Continue-Protest-Today-to-Keep-M-real-Mill-Operating">ICEM report</a> of 24 October.) 
 
The workers voted in front of plant gates at the Haute-Normandie mill by 95% on 15 November to stop the occupation and leaders of the two unions signed an agreement with M-real on 17 November that provides a temporary reprieve to the plant closure, plus financial and other considerations. 
 
Workers receive a &euro;3,000 bonus for ending the occupation, &euro;1,500 immediately and the remainder in January. M-real commits to running the 230,000-tonne-per-year mill until 7 March 2012 and pledges not to remove equipment or machinery prior. In addition, workers will be paid their salaries during the 30-day strike. 
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The negotiated agreement and ending of the occupation came just before French police were to move in and force opening of warehoused paper. The plant closing standoff reached the highest levels of French government, after the unions petitioned the state to expropriate the paper mill assets, and spilled into European Parliament meetings in Strasbourg, France, last week, when French political leaders met with Finnish parliamentarians to complain of intransigence by M-real and its 40% owner, Mets&auml;liitto, a forest products company based in Finland. 
 
&ldquo;No one should believe that we capitulated,&rdquo; stated CGT-Filpac plant delegate Thierry Philippot. &ldquo;We will continue to make sure that this company pays for the moral and physical suffering of workers.&rdquo; Workers filed harassment complaints with French authorities over the psychological effects of M-real changing its plans. 
 
M-real announced on 4 May a major restructuring to exit office and printing paper manufacturing and focus instead on paperboard used for packaging. It meant putting two fine paper mills up for sale, the Alizay mill near Pont-de-l&rsquo;Arche and the Gohrsm&uuml;hle mill in Germany, as well as discontinuing carbon paper production at the Reflex mill in Germany. 
 
After paring a potential 65 bidders for Alizay down to two, M-real last month stopped negotiations with a Thai paper company and a French-based equity company and said it would shutter the mill. 
 
That set off the anger of French paperworkers of CGT-Filpac and CFE-CGC and the occupation began, which included placement of large vehicles in front of plant gates that were locked with heavy chains. The unions also brought the case into a French district court in Evreux over failure by M-real to provide the necessary documents on a possible sale. Statutory consultations over the plant closure did start on 8 November but were quickly suspended due to high tensions, and those talks must begin again separate of last week&rsquo;s protocol agreement to end the occupation.

French Paperworkers End Mill Occupation in Deal with M-real

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The prelude to ICEM&rsquo;s Fifth Statutory Congress in Buenos Aires, Argentina, this week will be a day-long conference on the successes and best practices achieved in the longstanding Contract and Agency Labour (CAL) campaign. The event will take place at the Congress venue, the Hilton Hotel Buenos Aires, on Wednesday, 23 November, the day before Congress opens. 
 
With activities now in over 25 countries, the six-year-old ICEM campaign is now operating on all cylinders and has reached a level of maturity not only seen in tangible results, but has produced ICEM project coordinators who possess the skills and have honed the tools to make a difference for irregular workers the world over. 
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Several of those coordinators will highlight CAL campaign successes at the conference this week. For example, CAL Asian Coordinator Aranya Pakapath will tell how 1,500 contract workers in Chhattisgarh state, India, formed a cement workers&rsquo; union. She will describe how Indonesian outsource workers did the same in that country&rsquo;s paper industry, as well as struggles cement workers in the Philippines face in building unions. 
 
Joseph Toe, CAL Coordinator in Sub-Saharan Africa, will address ICEM campaigns in Guinea, Nigeria, Namibia, Sierra Leone and other countries where major shifts and successful organising have taken place regarding casual employment. Seyni Mbaye Ndiaye, General Secretary of ICEM affiliate SUTIDS in Senegal, will speak on how his union and the ICEM Sub-Saharan CAL project brought about a Presidential Decree in the west African nation for protection of rights of short-term contract workers. 
 
A report will be given by Igor D&iacute;az of ICEM affiliate Sintracarb&oacute;n in Colombia on the hurdles that union encounters in organising and bringing collective agreements to workers of sub-contractors at the world&rsquo;s biggest coal mine. 
<img alt="" src="" width="214" height="140" />&nbsp; <img alt="" src="" width="214" height="160" />
FNV Bondgenoten Message at Eemshaven, Netherlands, CAL Asian Coordinator Aranya Pakapath&nbsp;&nbsp;
And Sascha Meijer of FNV Bondgenoten in the Netherlands will show the tools used by that union in bringing dignity and wage justice to migrant workers from Europe&rsquo;s east at energy plants in the Dutch port city of Eemshaven. 
 
J&oslash;rgen Juul Rasmussen of Dansk El F&ouml;rbund of Denmark will give an overview on the temporary and fixed-term employment situation in Europe, as well as progress on implementing the European Union directive on temporary work. 
 
Sponsored by the German Freidrich Ebert Stiftung (FES), the conference promises to be a wellspring of strategies and best case studies aimed at combating the rampant growth of temporary and short-term employment that affects us all. 
 
The day will conclude with a panel moderated by Council of Global Unions Coordinator Jim Baker that will include General Secretaries from the ICEM (Manfred Warda), the International Textile, Garment, and Leather Workers&rsquo; Federation (Klaus Priegnitz), and the International Metalworkers&rsquo; Federation (Jyrki Raina) that will look at future strategies of the campaign within the framework of integrating the three Global Union Federations. 
 
ICEM Latin America/Caribbean Regional Vice President Sergio Novais will chair the day-long session.&nbsp;

ICEM Congress: Contract, Agency Labour Forum to Showcase Achievements

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The ICEM&rsquo;s Fifth and perhaps last ordinary Congress opens in Buenos Aires, Argentina, this week, with some 800 delegates and guests expected to attend. The quadrennial Congress runs from 24-26 November, with the ICEM Presidium to be held today, 21 November, and an Executive Committee meeting to be held on 22 November. 
 
General Secretary Manfred Warda said Argentina was chosen as the venue for this Congress because of eight strong affiliates in the South American nation, including those affiliated to both national labour centres &ndash; the General Confederation of Labour (CGT) and the Argentine Workers&rsquo; Central Union (CTA). 
 
&ldquo;With industrial trade union unity taking shape on the global level, we felt it appropriate that our union affiliates from both confederations connect and continue pushing forward on the positive social agenda that has taken root in Argentina,&rdquo; said Warda. 
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The government of President Cristina Fern&aacute;ndez de Kirchner has followed the social plan of her late husband N&eacute;stor Kirchner by building a &ldquo;people first&rdquo; agenda in which public spending and consumer power serve as the fuel for economic growth and prosperity for all. That is reflected in the government enacting a 25% increase in the country&rsquo;s minimum wage this past summer, while at the same time expanding export markets by providing incentives to manufacturers. 
 
Warda said this contrasts with governments in other developed nations which now resort to &ldquo;anti-people, anti-social&rdquo; austerity measures to counter sovereign debt crises. 
 
The Congress quite likely will hear from President Fern&aacute;ndez on the opening day, as well as from the Argentina Minister of Labour and Social Security, Dr. Carlos Tomado. 
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The Congress will also consider a number of motions, including a forward-looking Action Plan that aims to continue the activist culture of the ICEM in future work and several specific motions on current and relevant world topics. Day two of the Congress will feature a panel discussion on Social Dialogue initiatives in Latin America, moderated by ICEM Latin American/Caribbean Regional Vice President Sergio Novais. 
 
On the final day of the Congress, 26 November, discussion will take place over the final integration steps in creating a new Global Union Federation (GUF) together with the International Textile, Garment, Leather Workers&rsquo; Federation (ITGLWF) and the International Metalworkers&rsquo; Federation (IMF). That is scheduled to happen in June 2012 in Copenhagen, making the next ICEM Congress a dissolution congress to occur at the same time. 
 
The ICEM union affiliates in Argentina cover nearly all the GUF&rsquo;s industrial sectors, including petroleum (FASPyGP), rubber (SUTNA), pulp and paper (FOEIPCyQ and SOEP), natural gas (STIGAN), nuclear (UOM), electricity (LYF-PAT) and mining (OSMA). The ICEM is grateful for their assistance in arrangements what will prove a memorable and successful Congress.

ICEM Congress Opens This Week in Buenos Aires, Argentina

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Birlesik Metal-Is, an affiliate of the International Metalworkers&rsquo; Federation, is fighting for basic trade union freedoms at German-based GEA in Gebze, Turkey. In a cynical move, local management locked out 62 workers while claiming they had conducted illegal strike action. That illegal strike action coincided with break times at the company, and separate investigations have proven that no strike action took place. The ICEM joined the growing international campaign calling for an end to the lock-out, full reinstating of four workers dismissed on 31 May, and an end to the police protection being awarded to the company in its anti-union struggle. 
 
The company behaviour in Turkey is in breach of an international minimum standards agreement with the IMF, in which it pledges respect of labour rights throughout its international operations. The IMF reminded the company and locked out workers of this fact at the picket line, as part of a large international solidarity visit to the GEA factory gates. 
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ICEM was also present at the picket, and a <a href="/wp-content/migration/icem/ICEM_Letter_to_Workers.pdf">message of solidarity</a> was read out. See also the <a href="/wp-content/migration/icem/ICEM%20Letter%20to%20GEA%20Group%20(17%2011%202011).pdf">ICEM letter</a> to the company here.&nbsp; 
 
Support the <a href="http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=1167">LabourStart campaign</a>, and write to company management here. 
 
The ICEM has been invited and will participate at the Congress of Birlesik Metal-Is on 16-18 December.

Turkish Metal Workers Still Locked Out by GEA

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The right wing government of Viktor Orb&aacute;n in Hungary has systematically over the past year and a half dismantled many trade union freedoms and social dialogue relationships. The new Labour Code is not only completely undermining workers&rsquo; ability to fight for just conditions in the workplace, but is now empowering companies to re-open old conflicts and punish trade union activists for actions taken under the previous legislation. 
 
ICEM affiliated unions were shocked to be informed at Congress of Japanese rubber conglomerate Bridgestone&rsquo;s move to initiate a penal procedure against Tam&aacute;s Sz&eacute;kely, president of VDSZ, the Hungarian chemical workers union. The case against the union president is focused on a 2009 report in the union journal &ldquo;Vegyipari Dolgoz&oacute;&rdquo; or &ldquo;Chemical Worker&rdquo; on the treatment of a company employee. 
<img src="" width="128" height="170" alt="" />
VDSZ President Tam&aacute;s Sz&eacute;kely
Tibor Skoflek suffered occupational health problems in the spring of 2009 and Bridgestone at the time rejected any responsibility for this. Local management even failed to supply transport to hospital for Tibor Skoflek, and he was taken by a bus driver. 
 
This is the first time in 20 years of Hungarian trade union work that a company initiates a penal procedure against a union leader with absolutely no negotiations or consultation beforehand. 
 
The clear policy of the Orb&aacute;n regime is to create fear among Hungarian workers so that they rescind trade union membership. 
 
The ICEM condemns in the strongest terms this crackdown on fundamental labour rights in Hungary, and specifically in this case against Tam&aacute;s Sz&eacute;kely, and will be exerting pressure at company and government levels.

Bridgestone Hungary forces the President of VDSZ to court

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IG BCE together with Verdi, the service sector union of Germany, reached agreement in bargaining with German energy group RWE on 29 November on a 13 month deal for the company&rsquo;s 25,000 employees in Germany. The new deal provides a 2.7% salary increase from 1 December 2011, and sets out new talks on improving job security and trainee prospects. 
 
European utility provider RWE is the second largest energy producer in Germany. The issue of fair salaries at RWE has caused widespread discontent through the workforce in recent times. In January the ICEM reported on warning strikes of IG BCE members at RWE who were close to full strike action. (See the <a href="/en/78-ICEM-InBrief/4216-German-Power-Workers-Close-to-Full-Dispute-with-RWE">ICEM report</a> here) More strikes were averted in January by a company offer of 3.4% salary improvement. Unions again threatened warning strikes in mid-November in the run up to settlement. This latest deal will see the union negotiating committee push for continued and better salary improvements in the collective agreement for 2013. 
 
A key achievement in this settlement was the binding agreement to open discussions in the second quarter of 2012 on the renewal of the Job Security Agreement, due to expire end of 2012, to safeguard jobs in the group. 
 
The union bargaining committee recommended the deal for adoption by the joint tariff committee.

German IG BCE Secures 2.7% Increase for 25,000 Energy Workers

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Finland&rsquo;s papermaking unions, Paperiliitto and Ammattiliitto Pro, have new 25-month labour agreements with the Finnish Forest Industries Federation (FFIF) that take effect in March 2012. That was assured one week ago, on 28 November, after the employers&rsquo; association in the transport, ports, and shipping industry signed an accord with AKT, the Transport Drivers&rsquo; and Port Workers&rsquo; Union. 
 
Even though the FFIF came to terms with the two ICEM affiliates separately in the pulp and paper sector on 23 November, the FFIF was unwilling to sign off on the agreements until they had a guarantee that strikes would not occur in the transportation and export of pulp and paper products. 
<img alt="" src="" width="130" height="93" />
The agreement in the paper sector follows a framework agreement made between the three national trade union confederations &ndash; SAK, STTK and STTK &ndash; and the Confederation of Finnish Industries on 13 October. 
 
In March 2012, Ammattiliitto Pro members will receive a 1.6% across-the-board wage increase, in addition to an average 0.8% increase that will be negotiated locally and is part of a new salary structure. That amount will reward new work demands, personal skill developments, and greater efficiencies by workers on the local level. 
 
Paperiliitto members will receive a 1.5% increase, with 0.9% to be negotiated locally. 
 
Essentially, this new salary structure was recognized by employers through strike actions taken last spring by Ammattiliitto Pro, Finland&rsquo;s white-collar and clerical workers&rsquo; union, which represents about 4,000 staff at some 50 paper enterprises. 
 
In April 2013, the wage increase for Ammattillio Pro will be 1.3%, with a 0.6% award won on the new locally-negotiated salary structure. Paperiliitto's 2013 increase will be 1.2%, with 0.7% awarded locally. 
<img alt="" src="" width="190" height="46" />
Two other important aspects of the pulp and paper agreement include extra protection for workers when mills close. In effect, employers take on more responsibility for re-training and skill development, as well as workers given the flexibility to take new work in another enterprise and still qualify for redundancy benefits. 
Also, shop stewards and safety representatives who receive slightly higher pay for their responsibilities will get a 10% supplement on top of that higher pay. The two unions also won a universal three-day paid leave annually for vocational training and education. 
 
Both Petri Vanhala, President of Paperiliitto, and Markku Palokangas, Pro&rsquo;s Vice President for the Industrial Sector, expressed satisfaction with the 25-month agreement, especially with the gains made through the national framework agreement. Paperiliitto represents some 19,000 blue-collar workers across Finland&rsquo;s pulp and paper industry.

Paper Unions in Finland Make Gains in 2012-2014 National Labour Accord

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The Malaysian Trades Union Congress (MTUC) has launched a nation-wide campaign urging the government to repeal amendments to the Employment Act, which would legalize labour contractors. 
 
The MTUC has been lobbying against these amendments since the bill was originally submitted to Parliament in July 2010. At that time, due to opposition from other political parties and trade unions, the government withdrew the bill. The amendments were re-introduced, with minor changes, in June 2011. Since then, the MTUC has been outspoken against the bill but, despite a picket at the Parliament on 3 October, the bill was passed by the majority Members of Parliament of the Ruling Party on 6 October. 
 
The proposed amendments would introduce &ldquo;contractors for labour&rdquo; into Malaysian legislation and create triangular employment relationships in which workers would be employed and paid by a contractor, rather than by the company in which they work. The amendments would also open the way for unequal treatment of workers with respect to wages and benefits. 
 
The MTUC further opposes deferred payment of overtime which, as laid out in the bill, would mean that contract workers would not receive remuneration for overtime until one month later, so that the principal employer time to pay the contractor for labour that in turn pays the contract workers. 
 
The MTUC is committed to pursuing &ldquo;all avenues available&rdquo; until the amendments to the Employment Act are withdrawn.

Malaysian Nation Labor Centre Decries Legislation Opening Door for Contract Labour

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The Irish union, Services, Industrial, Professional and Technical Union (SIPTU), is fighting attempts by the government of Ireland to dilute the provisions of the European Union Temporary Agency Workers&rsquo; Directive, which comes into force across Europe on 5 December. 
 
The Directive, which was passed in 2008, states that &ldquo;The basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job.&rdquo; 
 
The Directive applies from day one of an assignment, and further states that temporary agency workers have the right to be informed about permanent employment opportunities in the user enterprise and must have improved access to training and childcare facilities in periods between assignments, in order to enhance employability. 
 
Under the Directive derogation from the principle of equal treatment is permitted provided an agreement can be reached between a state&rsquo;s social partners. In an eleventh hour attempt, Irish Minister for Enterprise and Jobs Richard Bruton has called for a derogation which would mean that an agency worker would only be entitled to equal treatment after six months, rather than from the first day of employment. 
 
In a letter to the Irish Congress of Trade Unions (ICTU), Bruton said, &ldquo;Without the benefit of some leeway in transposing the directive in the shape of a framework agreement, Ireland will be in a position of significant competitive disadvantage, vis-a-vis our European trading partners,&rdquo; adding, &ldquo;In the current climate and with the significant challenges that face us on the road to economic recovery, we must avail of the flexibilities afforded by the directive.&rdquo; 
<img alt="" src="" width="108" height="140" />
Patricia King
Patricia King, Vice President of SIPTU, has made clear that the union is opposed to any attempt by the government to seek a derogation. King said, &ldquo;We do not see any reason for a derogation to be applied. Why would we? If someone is entitled to equality of treatment, they are entitled to it and there is no reasonable argument being put forward, that I can see, for us to agree to the derogation.&rdquo; 
 
&ldquo;If somebody is employed to do a job, which commands a certain skill, background knowledge and experience, and they put themselves forward for that job and are capable of producing the goods, why would they not get the rate of pay on an equal basis as somebody who was doing the job already and who is going to work alongside them?&rdquo; 
 
Commenting on Bruton&rsquo;s claims that implementing the Directive would have a negative impact on jobs and economic growth, King said, &ldquo;All that is a code for not paying the rate and keeping people in low pay&rdquo;.

SIPTU Fights Attempts to Dilute EU Agency Workers Directive

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