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The devastating floods which killed more than 600 people in Thailand have had a serious impact on the livelihoods of CAL workers. Many agency workers were not paid as plants have been shut down since the crisis began in October 2011. As the flooding continued in November and December, hundreds of thousands of agency workers were laid off. 
 
The electronic sector, which employs a high proportion of precarious workers, has been amongst the hardest hit by the flooding. In the Ayutthaya and Pathumthani provinces, north of Bangkok, thousands of electronic factories located across several industrial estates remain swamped by more than two metres of water. Several companies have announced lay-offs and plans to relocate production facilities from Ayuttaya to Malaysia. 
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The Thai government is providing a package to assist companies to retain their workforces. Companies that commit to a policy of no lay-offs, maintain the same level of worker benefits, and pay workers no less than 75% of their wages are eligible for this relief package. 
 
Some unionised companies have continued to pay wages &ndash; from 100% of wages in the first month, to 75% and 50% for November and December. The Goodyear Tyre company paid full wages to both regular and fixed-term workers since its only plant in Rangsit, north of Bangkok, was hit by the floods on 21 October. 
 
Production has not yet resumed at the plant but management and the union are working hand in hand in the recovery process. Workers on fixed term workers at Goodyear whose contracts came to an end on 30th November 2011 did not have their contracts renewed. 
 
At the same time, several companies in the eastern seaboard which were not directly affected by the flood have used the flood as an excuse to delay CBA negotiations or to avoid implementing CBAs.

Flooding in Thailand has devastating impact on CAL workers

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An ICEM report has found that the rights of workers in the cement industries of the Philippines, Indonesia, Thailand, Malaysia and India are being routinely violated through the use of precarious forms of employment. 
 
In many of the plants covered by the research, Contract and Agency Labour (CAL) is being used to restrict or prevent workers from exercising their right to freedom of association. Lafarge in the Philippines, for example, has been using CAL workers to fill permanent positions ever since workers took part in industrial actions as far back as 2000. At one Lafarge plant in Indonesia, all permanent workers are union members, whereas none of the CAL workers are. In India, contract workers at Holcim were dismissed after they joined the union. To make it worse, the company started criminalising the union leaders. 
 
ILO Conventions 87 and 98 apply to all workers, as explicitly stated in the 350th report of the ILO Committee on Freedom of Association: &ldquo;The Committee emphasizes that all workers, without distinction whatsoever, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the right to establish and join organizations of their own choosing.&rdquo; 
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The report further specifies that the non-renewal of a contract for anti-union reasons constitutes a prejudicial act within the meaning of Article 1 of Convention 98. 
 
In all five countries covered by the research, CAL workers earn less than permanent workers &ndash; despite performing work of equal value &ndash; and are denied access to many of the benefits enjoyed by their permanent counterparts. 
 
In both the Philippines and Thailand, permanent workers are increasingly being used only in supervisory roles. This division of responsibilities highlights the fact that it is often contract and agency workers who are performing core labour tasks. 
 
CAL workers in many cement plants live with the burden of uncertainty. As one interviewee explained, he felt his job would continue only &ldquo;as long as I will cooperate.&rdquo; In the Philippines, some CAL workers reported that they do not even have written contracts. In many cases and countries, CAL workers are also not clear who is responsible for their welfare. In Thailand, agency workers are the most likely to suffer workplace accidents, yet in many plants they are denied the same health care benefits as permanent workers. 
 
The ICEM decries these exploitative practices, and demands that multinational cement companies such as Lafarge and Holcim that operate in Asia guarantee equal rights for CAL workers and take urgent steps to bring their practices in line with not only the various applicable national legislations, but also with all existing international labour standards - including ILO Conventions 87 and 98 and the Employment Relationship Recommendation 198. 
 
Cement companies must also act to ensure that they meet their obligations under the OECD Guidelines for MNEs and the United Nations Guiding Principles on Business and Human Rights. 
 
The <a href="http://cal.icem.org/images/documents/Cement%20Report.pdf">CAL Cement Report</a> is available here.

ICEM Report Exposes Asian Cement’s CAL Practices

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The 10th Congress of ICEM Turkish affiliate T&uuml;mka-İş, the All Paper and Cellulose Industry Workers&rsquo; Union, was held on 15-16 October at the offices of Birleşik Metal-İş in Istanbul and it paid tribute to Kemal Yilmaz, the president of T&uuml;mka-İş who retired at the Congress after a sterling 50-year career in the Turkish labour movement. 
 
The Congress elected Erg&uuml;n Tavşanoğlu to succeed the storied union leader, while İlhan &Ouml;zel was re-elected as the General Secretary. 
 
Comrade Yılmaz started work in the rubber industry in Turkey and was a member of another ICEM affiliate, Lastik-İş, the Rubber and Plastics Workers&rsquo; Union. While a regional officer for the union in the 1970s, he represented workers at factories defined in the paper industry. It was then that T&uuml;mka-İş was established and he became the first President of the pulp and paper union in the mid-1970s. He was also eleceted to the Executive Committee of Confederation of the Progressive Trade Unions of Turkey (DİSK), and during the military coup d&rsquo;etat of the 1980s, he was imprisoned for his trade union activity from 1980 to 1984. 
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Kemal Yilmaz
After DISK re-started activities in 1991, he again took the lead in organizing paper workers under the umbrella of T&uuml;mka-İş. He organised workers at several paper companies, including Procter &amp; Gamble, Kimberly Clark and Europackaging. At the Congress nine days ago, the T&uuml;mka-İş Executive Committee praised his achievements and committment to Turkish workers, and pledged that the banner and work of Kemal Yılmaz will never be scaled down. 
 
Delegates to the Congress discussed important legislative matters inside Turkey, as well as the country&rsquo;s paper industry in Turkey, particularly impacts from the financial crisis. According to official figures, employment in the industry dropped down from 34,075 in 2007 to 33,850 in 2008. By the end of 2008, however, Social Security Agency statistics showed an improvement and that has gradually improved to where in April 2011, employment was at 37,696 in 1,930 workplaces. 
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T&uuml;mka-İş Members Voting on 16 October
The Congress demonstrated its determination to organise in the post-crisis environment and precarious employment created through subcontracting was tagged as the main threat in union recruitment. 
 
This 10th Congress of T&uuml;mka-İş coincides with proposed mmodifications to Turkish trade union law to correct some of the deficiencies seen by the ILO. One specific modification relates to the paper sector in defining the exact number of sectors in which trade unions can operate. The proposed modification reduces the number of sectors from 28 to 18. 
 
If passed into law, the paper industry would be merged with the wood industry sector. This would require T&uuml;mka-İş to have to a Congress within a year of enactment to harmonizing its statutes with new provisions of the law. T&uuml;mka-İş and its national labour center, DİSK, find the proposal inadequate, and demand far more democratic measures in order to assure paperworkers the ability to enjoy freedom of association and other trade union rights.

Turkish Tümka-İş Pays Tribute to Retiring Leader, Kemal Yilmaz

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Broad strike activity accelerated a positive wage agreement in the Austrian metal sector. In the early morning hours of 18 October, Austrian trade unions PRO-GE and GPA djp, the Salaried Employees, Print, Journalism, Paper Union, emerged from bargaining on behalf on 170,000 metal and industrial workers with positive results. 
 
The 2011 pay awards will range from 4.2% to 4.4%, with the minimum wage in the sector increasing by &euro;80-per-month, or a sizeable 5.3%. The ICEM commends these wage gains as a sterling European example in creating consumer power to offset the dire financial climate of the Eurozone. PRO-GE and GPA djp are to be congratulated for negotiating &euro;300 million into the Austrian economy in this single set of talks. 
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This was made possible by strategic and early strikes on 13 and 14 October that moved third-round bargaining up from 20 October to 17 October, and forced the employers&rsquo; hand in raising their wage offers to above 4%. (See <a href="/en/5-Mining-DGOJP/4719-Wage-Shame-Drives-Austrian-Metalworkers-into-Warning-Strikes ">ICEM report</a> on Austrian coordinated strikes last week here.) 
 
&ldquo;We have met our main demands of sustainable wage and salary increases, particularly for the lowest paid workers,&rdquo; said Rainer Wimmer, PRO-GE&rsquo;s chief negotiator. &ldquo;I thank the stewards, members, and supporters who made this deal possible. Without the 800 workplace actions and the pressure generated by the strikes, this would not have been possible.&rdquo; 
 
Those surprise strikes were to continue into the week of 17 October, but employers recognised the growing momentum among workers for fair wage gains and they reached settlement on union terms. That recognition came in hastily called exploratory talks held on Sunday, 16 October, that included &Ouml;GB national labour centre President Erich Foglar and the leader of the chief employers&rsquo; association, the Austrian Federal Economic Chamber (WK&Ouml;). 
<img alt="" src="" width="105" height="160" />
Rainer Wimmer
The two sides then reached accord in the early morning hours of 18 October after a 14-hour bargaining session. 
The agreement grants a 1 November pay rise of 4.4% to bottom rung workers, 4.3 to mid-level, 4.2% to senior staff, and 4% to top level people. In addition, pay for apprentices increases by 4.3% and all benefit indemnifications increase by the same amount. 
 
Perhaps the crowning achievement was hiking the minimum wage by 5.3%, or up to &euro;1,584-per-month. The wage agreement positively affects the buying power for 25,000 autoworkers, 16,000 who work in basic steel and iron, 5,000 in non-ferrous metals, 5,000 in utility work, and tens of thousands more in machinery, metal goods, and other industrial production. 
 
Austria&rsquo;s metal sector agreement now sets the template for 450,000 retail sector workers, who began bargaining through their unions with retail employers on 19 October.

Surprise Strike Brings Austrian Metalworkers Sizeable Wage Gains

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By a 61% vote on 15 October, members of United Steelworkers (USW) Local 1005 in Hamilton, Ontario, ended U.S. Steel&rsquo;s chokehold on the livelihoods of 900 Canadian workers. Union members accepted a three-year labour agreement that ended a 49-week lockout at the steel mill. 
 
The agreement meant workers began returning to their rightful steel mill jobs on 18 October for week-long health and safety training. Further recalls for the training are expected this week and next. The new pact is not altogether satisfactory because it creates a two-tier pension scheme with new hires placed in an inferior plan, and it ends cost-of-living indexing for 9,000 retirees, a key issue in the 14-month dispute. 
 
U.S. Steel pressured steelworkers into submission by first imposing the lockout on 7 November 2010, and then supplying its Canadian customers from the former Stelco mill in Hamilton with finished steel from American mills. In the end and after nearly one year, most of Local 1005&rsquo;s members were on the verge of losing unemployment insurance benefits, which coupled with the USW&rsquo;s C$200-a-week strike benefit gave workers about two-thirds of their normal income. 
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The agreement contains a C$3,000 ratification bonus, to be paid within 60 days of the 15 October vote, and it also includes a lump sum pay-out of C$1,000 to retirees taking in less than C$1,500-per-month in lieu of annual pension indexing. Active workers will also see reduced cost-of-living annual increases. 
 
A profit-sharing plan for active employees will be implemented in the fourth quarter 2011. It will come from a pool of money totalling 6.5% above C$25 million in earnings from the Hamilton Works and could mean an added C$3,500 in income per worker. Union members will receive credited service for the 11 months of the lockout, meaning some workers will be closer to taking retirement. 
 
All workers will be guaranteed 26 weeks of employment at 40 hours per week. That countered a U.S. Steel proposal from mid-September in which the company sought call-back language that would have left many workers without jobs long after ratification and the end of the lockout. As it is, U.S. Steel will only re-start the coke ovens, the cold line, and the Z line. There are no plans in the near future to re-start Hamilton&rsquo;s blast furnace. 
 
The new agreement, which took effect on 15 October, calls for new hires not to be included in the existing defined benefit pension scheme and placed in a union-administered plan that will see U.S. Steel contribute C$2.50-per-hour worked. 
 
On USW Local 1005&rsquo;s website, union leaders said, &ldquo;We have made a huge effort so that the members can make an informed vote on whether to accept or reject this contract. We wanted to ensure that they are fully aware of the situation they face and of the responsibilities towards not just themselves and their families, but also towards the retirees, the future generation of workers, their union and their community. This whole process has shown that there are serious challenges facing us going forward.&rdquo;

U.S. Steel Canadian Lockout Ends

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Pressure is building on US-based Freeport-McMoRan as talks again broke down with striking miners at the Sociedad Minera Cerro Verde copper and molybdenum mine in southern Arequipa region. A branch union of the ICEM-affiliated National Miners&rsquo; and Metalworkers&rsquo; Union (FNTMMSP) of Peru met with management on 20 October in an attempt to end the strike, but once again company negotiators refused to move closer to union demands. 
 
Management originally offered a 2,000-sol (US$735) one-time bonus and a 3% pay rise but the union has demanded an 11% increase to current wages. 
 
Very important to the struggle was a government declaration on 30 September that the strike is legal. This is the first time a strike at the mine has been declared legal in its 40-year history. This judgement means Freeport cannot hire temporary replacement workers, or scabs. The company is however using 600 volunteers and management staff to continue operations. This is illegal and has been confirmed to be so by the government, which has ordered the mine to stop its unsafe use of replacement workers or face a fine of 72,000 soles (US$26,500). 
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Replacement workers damaged an ore-crushing facility at the mine, causing a three-day total shutdown until repairs could be made. The copper mine has now exhausted its stockpiled ore. No new blasting is being carried out. Pressure is high on management to meet the union demands. 
 
The indefinite strike is respected by all 1,220 FNTMMSP members at the third largest copper mine in Peru. Miners downed tools on 29 September. 
 
Some strikers went on hunger strikes on 17 October, demanding the company and regional authorities respect their demands. Leoncio Amudio, the secretary general of the branch union of FNTMMSP reported that workers marched on 18 October to the Arequipa regional government headquarters. 
 
The Cerro Verde mine produces some 2% of the world's copper mine. Miners of Cerro Verde are unwilling to accept anything less than an 11% pay increase.

Peru’s Mineworkers’ Strike against Freeport-McMoRan Now in 26th Day

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The ICEM has been saddened and concerned by the worst flooding in Thailand for five decades. The flood is causing immediate danger, already killing 350 people, but also is threatening industrial production and the country&rsquo;s economy as waters creep toward capital city Bangkok. Rough early estimates suggest 400,000 workers will lose their employment, at least in the short term, because of the flooding. 
 
We urge affiliates and supporters to provide all possible relief aid through international humanitarian aid agencies in their home countries, such as the International Red Cross. 
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ICEM Thai Project Coordinator Aranya Pakapath
ICEM Thai Project Coordinator Aranya Pakapath&rsquo;s house is under water after large amounts of water entered the area where she lives on 18 October, she was evacuated by truck that evening. 
 
Roughly one third of all Thai provinces are affected. Authorities are attempting to drain the flood water from areas east and west of Bangkok, out to sea. However the sheer volume of water building from heavy monsoon rains since the end of July have forced authorities to open the sluice gates outside Bangkok and northern parts of the city are now under water.

Thailand Floods Kill 350, Threaten Industry

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Unions organising employees of the world&rsquo;s largest coal producer, Coal India Ltd., achieved a significant hike in profit-linked annual bonuses for 300,000 members on 17 October. The annual bonus for permanent employees will now be INR21,000 (US$438), up from 17,000. 
 
Negotiators also achieved a bonus for contract and agency workers, who have never before received bonuses at Coal India. Unions compromised on their original 23,500 INR demand. 
 
The settlement, which also includes an INR1,000 INR Diwali gift to all workers, avoided a proposed three-day strike last week. 
 
When negotiations broke down at earlier stages, all five trade union confederations in India, INTUC, BMS, HMS, AITUC and CITU, jointly organised large actions, and jointly backed strike actions. Strong unity throughout the campaign is a positive development for all Indian workers. 
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INMF General Secretary B. K. Das
Talks were brokered by the Indian Coal Minister, between Coal India, and the ICEM affiliate Indian National Mineworkers&rsquo; Federation (INMF) and other unions, following a concerted campaign which included a one-day strike by 300,000 miners on 10 October at eight coal producing subsidiaries of Coal India. In reaching settlement, all parties agreed to seek to finalise negotiations for the next national annual wage agreement by 31 December 2011. 
 
Coal India&rsquo;s decision to reward shareholders with a 39% dividend pay-out on profits strengthened the workers&rsquo; resolve with all 400,000 employees standing to share only 13% of all profits. 
 
Coal India is India&rsquo;s largest employer. Last financial year, it posted a 12.9% (US$2.4 billion) jump in net profit. 
 
There was more positive labour news in India on 17 October, as the government&rsquo;s Minister of Labour and Employment, Mallikarjun Kharge, told the Standing Labour Committee in New Delhi that the Labour Ministry is making efforts to extend all benefits now available to permanent workers to contract workers. Specifically, unions campaigned for amending the Contract Labour Act of 1970 so that contract workers would be automatically absorbed into permanent employment, especially when contract labour is blocked. 
 
The Minister also gave positive indications on the need for a National Labour Code for minimum wages, maximum hours of work, and minimum standards of safety and health at the workplace.

Strike Averted as Indian Coal Miners Win Improved Bonuses

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Queensland mineworkers employed by the BHP Billiton-Mitsubishi Alliance (BMA) soundly rejected a direct company enterprise agreement proposal by 92% on 12 October. The 4,000 miners, represented by three Australian unions that are negotiating as the Single Bargaining Unit (SBU), then launched the longest work stoppage since strikes began in June. 
 
They staged a 30-hour walkout from midnight on 18 October to 06h00 on 20 October. 
 
The strike cut production at the world&rsquo;s largest supplier of seaborne metallurgical coal. The strike and contract rejection also sent another sharp message to BHP Billiton and Mitsubishi that miners at BMA&rsquo;s seven collieries in central Queensland will not accept compromises on work-life balance, or to their job security. 
<img src="" width="121" height="110" alt="" />
&ldquo;The result shows that our members currently have little trust in the company as a whole, and they have seen through the waffle and spin,&rdquo; said Stephen Smyth, District Vice President of the Construction, Forestry, Mine and Energy Union (CFMEU), the largest of the three unions. 
 
After some 32 bargaining days dating back ten months, BMA used a part of the Fair Work Australia law to take its unwanted contract proposal directly to miners. The mail ballot, conducted between 29 September and 12 October, was rejected by a vote of 2,432 to 201. &ldquo;(BMA) can&rsquo;t ignore the message that the workers themselves have delivered,&rdquo; said Smyth. &ldquo;You can&rsquo;t get a clearer picture than this.&rdquo; 
 
SBU and BMA resumed bargaining over this past weekend for three days in Rockhampton, Queensland. The other two unions comprising the SBU are the Australian Manufacturing Workers&rsquo; Union (AMWU) and the Electrical Trades Union of the Communications, Electrical, Plumbing Union (CEPU). All three unions are ICEM affiliates. 
<img src="" width="80" height="80" alt="" />
Even though BMA says it will put a 5% pay rise on the table, the SBU first wants agreement that there will not be a lowering of working conditions or diminished quality-of-life standards. SBU is resisting unwanted extensions on work rosters, which will negatively affect family life, and they oppose BMA in its will to gain contracting out flexibility. BMA wants to move from a five-day weekly roster to a seven-day one, and also seeks greater rule over operators&rsquo; jobs. 
 
Past ICEM reports on this crucial Australian labour struggle can be found <a href="-BMA-Tries-to-Bully-Aussie-Labour-Law-Back-to-Howard-Era">here</a> and <a href="/en/78-ICEM-InBrief/4463-Aussie-Coal-Miners-Vote-92-to-Strike-BHP-Billiton-Mitsubishi-Alliance ">here</a>. 
 
The Bowen Basin mines of BMA have aided BHP Billiton in giving the world&rsquo;s largest extractive resource company fiscal 2011 net profits of US$23.65 billion, 86% higher than in 2010 and a record for an Australian-based company. BMA&rsquo;s seven mines produce 58 million tonnes of coking coal annually.

Australian Miners Reject BMA’s Contract Proposal by 92%

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The ICEM Norwegian affiliate, IndustriEnergi (IE), announces 2012 nominations are now open for its third annual Arthur Svensson International Award for Union Rights. The award, which comes with a cash prize of NOK 500,000 (&euro;63,000), is given to a person or organization for outstanding contributions for promoting trade union rights and strengthening of trade unionism on the international and national levels. 
 
The deadline for nominations is 31 January 2012, and the award will be bestowed to the serving recipient on 14 June 2014. Nominations must include valid arguments on behalf of the nominee, and it must be made clear the organization or person making the nomination, and the nominator&rsquo;s relationship with the candidate. 
<img alt="" src="" width="143" height="160" />
Arthur Svensson
Nominations, in Norwegian, English, French or Spanish, must come from representatives or employees of Norwegian and international trade unions. The nominations should be made to Espen L&oslash;ken at <a href="mailto:espen.loken@industrienergi.no">espen.loken@industrienergi.no</a>, or faxed to +47 23 06 1360. 
 
The inaugural winner in 2010 was <a href="/en/78-ICEM-InBrief/4056-Zimbabwe-s-Wellington-Chibebe-Receives-First-Norwegian-Labour-Prize ">Wellington Chibebe</a>, Secretary-General of the Zimbabwe Congress of Trade Unions, while this year&rsquo;s winner was <a href="/en/78-ICEM-InBrief/4418-Palestine-s-Shaher-Sae-d-Winner-of-Norwegian-Arthur-Svensson-Union-Rights-Award ">Shaher Sae&rsquo;d</a>, Secretary-General of the Palestine General Federation of Trade Unions (PGFTU). 
 
Arthur Svensson was the longtime leader of Norsk Kjemisk, the Norwegian Chemical Workers&rsquo; Association, which merged with NOPEF in September 2006 to form IE. He died in 2008, but left a legacy in Norway and beyond as a man who promoted peace, disarmament, and a nuclear weapons-free world. 
 
Mr. Svensson was a driving force from his various leadership positions with the Chemical Workers&rsquo; Union for implementation of Norwegian environmental law and a proponent of clean energy in driving clean industries.

2012 Nominations Open for Norwegian Arthur Svensson Trade Union Award

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