English

Español

Français

Aerospace

Automotive

Base metals

Chemical, pharmaceutical and bio-science

Energy 

Glass, cement, ceramic and associated industries

ICT, electrical and electronics

Mechanical Engineering

Mining and DGOJP

Pulp and paper

Rubber

Shipbuilding and shipbreaking

Textile, garment, shoes, leather and textile services

Sectors

Action Plan 2025-2029

Action on textile and garment industry

Clean up shipbreaking

Ratify ILO C176

United for a just future - time to pay up!

Disinvest from Myanmar

Campaigns

Global Framework Agreements

Union building

White-collar workers

Health & safety

Industry 4.0

Women

Youth

LGBTQI+

Gender, equality, diversity and inclusion (GEDI)

Just Transition

Organizing with industriALL 

What we do

Affiliates

Statutes

Elected officials

Executive Committee

Geneva head office

South East Asia 

Eastern Europe, Central Asia and the Caucasus

Latin America and the Caribbean 

Middle East and North Africa

South Asia

Sub-Saharan Africa

Regional offices

About us

Global worker No1 2022

Global worker No2 2022

Publications

Resources

Logos of IndustriALL Global Union

Press

Lacking job security and decent working conditions creates a great deal of stress, particularly in people who are struggling to support a family. Medical researchers discovered, in the 1930s, that stress by itself could produce physical effects. Since then, there has been an ongoing effort to better understand the stress response. 
 
The strict scientific definition of stress is "any stimulus, or group of stimuli, that provokes a physiological or psychological response." A more useful definition of stress in the work context might be "conditions that exceed a person's normal coping capacity." In occupational health, we are particularly concerned with the stressful effects on workers of conditions in the workplace. 
 
What are the negative effects of excessive stress on health - and by health, we mean all aspects of physical, mental, and social well-being? 
 
The symptoms of stress are generally thought to arise from the "fight or flight response." In our evolutionary history, human beings were adapted to respond to a threat by preparing to either fight, give chase, or run away. The body instinctively reacts in certain ways designed to prepare itself for a sudden, short-term, all-out effort to survive. 
<img alt="" src="/sites/default/files/migration/icem/1005.cal.stress.png" width="126" height="95"/>
At first, the sense heightens, blood pressure goes up, heart rate accelerates, respiration increases, blood flow to the muscles is increase, muscles tense, and the digestive system shuts down. Your body temperature may change, provoking sweating. In our evolutionary past, these responses prepared you mentally and physically to meet a threat that would be resolved, for better or for worse, within a few minutes. 
 
The problem in modern terms is that our bodies seem unable to distinguish between the "threat" posed by a cave-bear, a bullying boss, or perpetual fear of job loss. The fight-or-flight response, maintained or repeated too often, results in chronic or long-term damage. These can include hypertension and cardiovascular disease, ulcers, colitis, compromised immune systems, headaches, and psychological changes. 
 
To further complicate things, different people respond to chronic stress in different ways and with different symptoms. Faced with the same workplace stressors, Jane may experience diseases of her digestive system while John may develop high blood pressure. These inconsistent symptoms have made it very difficult to get stress symptoms recognized as a legitimate occupational disease. 
 
All working people experience some degree of career stress; but workers who toiled under Contract and Agency Labour (CAL), who lack even minimal job security and often work for lower wages and in poorer conditions than their full-time counterparts, experience much more. Career stress should be thought of as adding to all the other stresses caused by every aspect of a person's life. 
 
To control stress in the workplace, the same hierarchy of controls that are considered in the control of any other hazard should be used. Control the hazard at the source, if possible; failing that, control the hazard before it reaches the worker (along the exposure path); and as a last resort, control the hazard at the worker. 
 
CAL workers have less scope to seek these controls. They may be subjected to heavy work demands, a poor workplace environment, harassment or bullying, shift work, role uncertainty, a lack of training, unrealistic expectations, lack of input or control over the work, poor ergonomic factors, a high degree of scrutiny or monitoring, and of course job insecurity. Stress at work can have a synergistic effect on stress away from work, capable both of exacerbating and being exacerbated by: family problems, financial problems, sleep and fatigue problems, financial problems, and a feeling of powerlessness and low self worth. 
 
Unlike full-time workers, who often experience a level of loyalty to their employer and their work, CAL workers can feel less commitment. In the long term, this can increase the risk of burn-out. Job performance will come to consist of doing just enough to get by, and this can spill over into personal life as the burned out worker fails to look after their own health, relationships, and families. 
 
Stress is not a trivial condition that can be dealt with simply by willing it away. It is a serious problem, and a proven cause of a wide range of medical conditions 
 
Control of the hazard at the source, would in this case mean the conversion of contract and agency jobs to secure, decent work. 
 
Contract and Agency Labour can and does make workers sick.

Contract and Agency Labour … and Stress 

<img alt="" src="/sites/default/files/migration/icem/InBriefAlert.jpg" width="120" height="59"/>
The International Federation of Chemical, Energy, Mine, and General Workers’ Union (ICEM), the dominant global trade union federation for the mining industry, endorses a letter by its Liberian union affiliate to President Ellen Johnson-Sirleaf protesting proposed rail passage through the West African nation by Brazilian-based Vale SA. 
 
Recently, Vale purchased a 51% stake from BSG Resources of iron ore blocks near Simandou in eastern Guinea. The mining house intends to create a rail and logistics corridor from Guinea through Liberia to the Atlantic Ocean coast. 
 
In the letter, dated 13 May, the Forestry, Logging, and Industry Workers of Liberia (FLIWUL) calls on President Johnson-Sirleaf to fully examine Vale’s global social record before her government grants the rail concession. Among several irresponsible social acts, Vale has a forced a bitter strike – now in its eleventh month – on 3,500 nickel and copper miners in Canada. 
 
“We are aware of many serious issues surrounding Vale and its mistreatment of workers and communities where it operates around the world,” writes FLIWUL Secretary-General David D. Sackoh. 
 
“Organizations in Mozambique, Brazil, Canada, Peru, Chile, Germany, Italy, and New Caledonia have declared that Vale ‘infringes human rights, exploits both male and female workers, imposes precarious working conditions, destroys nature and disrespects traditional communities.’ It appears that every place where Vale operates, communities are displaced, the environment is harmed and workers’ rights are not respected. 

<img alt="" src="/sites/default/files/migration/icem/Liberia.png" width="250" height="115"/>
“We are disturbed at the treatment that Vale has given to its workforce in Canada. The company provoked a strike through its demands for deep concessions from its workers despite the fact that the company has made billions of dollars in profit in recent years. 
 
“Madame President, following many years of civil war and turmoil the Liberian people finally enjoy peace and has a promising future under your leadership. This behemoth Vale with its suspect actions could potentially destroy our fragile economy for the benefit of a greedy few. As key stakeholder in the infrastructural and economic development of Liberia, FLIWUL wishes to urge the government to carefully study the situation and ensure that transitional companies investing in Liberia do so responsibly.” 
 
ICEM General Secretary Manfred Warda soundly endorsed the letter, and said the Geneva-based federation will also raise Vale’s investment in Guinea with trade unions there, and with the government of Guinea. “We cannot accede to Vale’s investment agenda anywhere while the company brings pain and suffering on workers,” said Warda. “The atrocities that Vale is inflicting on people and their communities in Ontario and Labrador in Canada must stop and we give sound warning that we will follow this mining company everywhere and repeat FLIWUL’s message.” 
 
The ICEM is a global union federation consisting of 467 trade unions in 132 countries, and represents 20 million workers worldwide. 
 
For further information, contact ICEM Information Officer Dick Blin, <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, +41 79 734 8994 (mobile) +41 22 304 1842 (direct line).

ICEM Commends Liberian Affiliate for Opposing Vale Investment

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39"/>
Strike actions in April and a flurry of trade union activities over the past two weeks have succeeded in bringing formal recognition to the ICEM affiliate, Metallurgical, Mining, and Chemical Industry Workers’ Trade Union of Georgia. Some 5,800 workers at the Zestafoni Ferroalloys Plant and the Georgian Manganese mines, some 40 kilometres from Zestafoni in Chiatura, now have a free and democratic trade union to call their own. 
 
That was reinforced on 13 May after the union, backed by the Georgian Trade Unions Confederation (GTUC), and top managers met for a second conciliation commission session and made headway towards resolving a host of demands put forward by workers. 
 
Miners and metalworkers were buoyed massively when, ten days after a three-day strike ended on 25 April that got management’s rapt attention, ICEM General Secretary Manfred Warda and Chemicals and Rubber Officer Kemal Özkan travelled to western Georgian to meet with workers. 

<img alt="" src="/sites/default/files/migration/icem/1005.georgia.2.JPG" width="300" height="225"/>
(LtoR) Irakli Petriashvili, President of GTUC, Manfred Warda, GTUC interpreter, Kemal Özkan
Bringing pledges of solidarity from the ICEM and the International Metalworkers’ Federation (IMF), Warda told Georgian workers they were not alone. And speaking before regional news media and to workers directly, Warda assured all that the combined strength of the two federations was ready and willing to take this fight beyond central Asia if that was needed. 
 
The message underscored a resolve borne through several months of struggle, culminating in a series of April incidents, including grievous intimidation tricks (see prior ICEM report here) by management that served only to bring more staff into the Metallurgical, Mining, and Chemical Workers’ fold. 
 
Initially in last week’s second conciliation session, managers and their attorneys sought involvement of an existing but dying “yellow” union in the talks. But the seven union members of the joint, bilateral commission threatened to walk out and lead renewed strike actions. The union and GTUC representatives then showed managers a large number of power-of-attorney statements by workers that expressed their allegiance to the Metallurgical, Mining, and Chemical Workers’ Union. 
<img alt="" src="/sites/default/files/migration/icem/1005.georgia.3.JPG" width="300" height="142"/>
Metallurgical, Mining, and Chemical Workers’ Union Members
Recognition was achieved. The numerous petitions that workers demand to improve their working lives were then open for discussion. Foremost among them were wages. In the hours leading up to the talks, the ICEM and IMF scrambled to gather and succeeded in delivering wage rates from associated ferroalloy plants in Ukraine, owned by the metals arm of PrivatBank. 
 
Miners at the Georgian Manganese complex are paid an average monthly wage of GEL (lari) 450, or US$238, €192. Metalworkers at the ferroalloy plant in Zestafoni earn a monthly average of GEL 562, or US$298, €240. With both sides having already agreed to 1 May as the effective date for salary adjustments, management proposed a 15% increase for shift workers and 8% for day workers. 
 
This is unsatisfactory to the union side of the commission. But they are confident that further negotiations today and tomorrow, 17-18 May, and again on 20 May, will bring the long overdue percentage increases higher. The union did get a commitment at the 13 May set of talks that the enterprises will begin to comply with Georgia labour law regarding sick leave payments, including retroactive compensation for those workers who have been denied such pay. 

<img alt="" src="/sites/default/files/migration/icem/1005.georgia.5.JPG" width="205" height="154"/>
“It is a big step forward,” said Gocha Aleksandria, Vice President of the GTUC, who is a member of the 14-member conciliation commission. “The administration now accepts our union, but the hardest part is still ahead. We intend to achieve the obvious, meaningful, and tangible results for our members and that is permanent labour contracts that address all issues.” 
 
Some of those issues include raising the number of yearly paid leave days from 30 (metal) and 32 (mining) to 35; creation of a joint contributory pension fund to supplement a miserly state pension; better safety and health conditions; and an upgrade to medical facilities. 
 
Even prior to the first commission negotiations, on 7 May, management reacted to workers’ militancy and ICEM’s mission statement of that week by agreeing to permanent work contracts, as well as reinstatement of two union leaders who were discharged for strike activities. (At the 13 May session, management agreed to pay the two their full April salaries.) 
 
Another accomplishment in the recent bargaining is that union leaders will bring their demands directly to Georgian shareholders of the enterprises. The complex ownership of the ferroalloy plant and manganese mines has stock ownership by privately-held Stemcor Holdings of the UK. Shares are also traded publicly on the Georgian bourse with Georgia entrepreneurs and the Ukrainian oligarch Gennadiy Boholyubov and his manganese empire that is tied to PrivatBank holding vast sums. 
 
For now, 3,600 miners and 2,200 metalworkers have a free and democratic union they can call their own – the Metallurgical, Mining, and Chemical Industry Workers’ Trade Union of Imereti Region. But as Aleksandria states, the journey now begins in earnest: erstwhile dialogue to gain the wage levels, benefits and work conditions that they justly deserve.

Free Trade Union Recognised for Miners, Metalworkers of Georgia

<img src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39" alt=""/>
The horrid twin explosions inside mine shafts in Russia’s Kuzbass basin on 8-9 May that killed 90 underscored the need for more countries to ratify ILO Convention 176, the Safety and Health in Mines Convention. Since Convention 176 was adopted in 1995, only 24 nations have ratified it. 
 
In Moscow last week, while rescue efforts at the Raspadskaya Coal Co. mine were underway 3,500 kilometres to the east, both ICEM General Secretary Manfred Warda and Russian Independent Coal Employees’ Union (ROSUGLEPROF) President Ivan Mokhnachuk went on BBC World Service Radio to plead for Russia and other resource-rich countries to take up the important call for ratification of Convention 176. 

<img alt="" src="/sites/default/files/migration/icem/0703Ivan.jpg" width="140" height="164"/>
ROSUGLEPROF President Ivan Mokhnachuk
ROSUGLEPROF represents workers at Raspadskaya, a mine jointly owned by Russia’s second largest steel and metals group, the Evraz Group, and Cypress-based Corber Enterprises Ltd. A union vice president made his way to the mine immediately following the tragedy. 
 
But it is still not clear if ROSUGLEPROF will be allowed to participate in an investigation that hopefully will lead to the cause of the blasts. At the end of last week, the government halted investigation efforts because mine shafts are still too dangerous. 
 
It is still too early to speculate about cause. What is known is that the mine in the Kemerovo region of western Siberia does have some of the best methane gas detection and ventilation equipment available. And that the first blast, occurring just before midnight local time on 8 May, killed at least 50 miners. The second explosion, four hours later, killed other miners as well as all 19 rescue workers who were sent in. 

<img alt="" src="/sites/default/files/migration/icem/ilo_small.jpg" width="175" height="247"/>
What is not known is did a negligent Russian pay system contribute? That system sets an extremely low flat-rate monthly wage, with the vast share of all mining salaries based on production. Volume, productivity, and profits drive wages higher. This means that detection equipment, safety procedures, and other protection devices are oftentimes disabled or ignored in order to boost monthly pay. 
 
That was the case on 19 March 2007 when 110 miners died at the nearby Ulyanovskaya mine, owned by another mining subsidiary of Evraz. It was the worst mining tragedy in 60 years in Russia and the former Soviet Union. The Raspadskaya disaster of eight days ago stands as the second worst. 
 
ILO Convention 176 improves mine safety and health by forcing improved national mining laws. But Convention 176 does something else; it places responsibility on employers to not only correct hazards, but remedy the cause of the hazards themselves. In Russia, that could well be construed to mean corrective laws to fix a faulty pay system in coal mining.

Russian Mine Disaster Restates Immediacy for ILO Convention 176

<img src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39" alt=""/>
The ICEM-Lukoil Global Framework Agreement, first negotiated in May 2004, was updated and extended last week for a further year at a meeting at Lukoil’s headquarters in Moscow. 
 
By signing the document, OAO Lukoil confirms its adherence to the principles of the UNO Global Initiative, as well as to the basic labor and environmental principles specified in the conventions of the UNO and the ILO. Under the agreement, Lukoil intends to keep its employees’ lives and their health protection as a top priority in relation to production performance. 
 
Signing the agreement were ICEM General Secretary Manfred Warda, Lukoil President Vagit Alekperov, Russian Oil, Gas, and Construction Workers’ Union (ROGWU) Chairman Lev Mironov, and Georgy Kiradiev, Chairman of the Council for the International Association of Lukoil Trade Union Organizations (OAO LUKOIL IATUO). 

<img src="/sites/default/files/migration/icem/1005.lukoilsigning2010.jpg" width="225" height="156" alt=""/>
From left, Georgy Kiradiev, Vagit Alekperov, Manfred Warda, Lev Mironov 
Photo: Lukoil
Following the signature ceremony, the parties engaged in a detailed question and answer session, outlining each other’s views of the present situation in the global oil and gas industry, as well as forthcoming activities. Lukoil also presented an overview of recent investment decisions and challenges posed by the world economic crisis. 
 
Both the ICEM and company and ICEM concentrated at first on the major oil spill in the Gulf of Mexico, a disaster so serious it was already impacting on both production and further exploration decisions in deep and ultra-deep water deposits worldwide. 
 
ICEM discussed its program of social dialog in the Caspian Sea region, where Lukoil had recently brought on-stream the Yu Korchagin field in the Russian offshore of the Caspian Sea. The field was discovered by Lukoil in 2000 and the maximum expected output is 2.5 million tons of oil and 1 billion cubic meters of gas annually. 

<img src="/sites/default/files/migration/icem/lukoil.gif" width="149" height="43" alt=""/>
Between 2004 and 2009, LUKOIL invested a total of RUR 34.4 billion into field development. The company expects to extract 343,000 tons of oil by the end of the year. 
 
There was also a discussion on the company's recent investment in Iraq, as well as the ICEM World Energy Conference, slated for Stavanger, Norway, from 6-8 September 2010. 
 
Lukoil, ICEM, and the Russian trade unions present agreed that there should be further detailed discussions on all of the issues raised.

ICEM, Lukoil Renew Global Agreement for Another Year

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39"/>
Two ICEM Belgian affiliates and members of the Confederation of Christian Trade Unions (CSC/ACV) consummated a merger Congress in the city of Gent on 5 June. CSC/ACV Energy and Chemicals Union and CSC/ACV Construction Union merged to create a stronger union structure representing 284,000 Belgian workers.
<img alt="" src="/sites/default/files/migration/icem/1006CSCBIElogo.jpg" width="100" height="59"/>
The union will be known in French as CSC Bâtiment-industrie & Énergie (CSC-BIE), while its Flemish name is ACV Bouw-industrie & Energie (ACV-BIE). The merged union will cover workers in many sectors, including construction, chemicals, gas, electric, and oil, graphical and paper, pharmaceutical, wood products, leather, and even hairdressing and beauty fitness.
<img alt="" src="/sites/default/files/migration/icem/1006ACVBelgium.jpg" width="180" height="120"/>
Vice President Alfons De Potter and President Luc Van Dessel  

The prior president of the Construction Union, Luc Van Dessel, was elected President and Alfons De Potter, previously the President of the Energy and Chemicals Union, was elected Vice President. De Potter will continue in his role as a member of the ICEM Presidium, and two of the newly-elected National Secretaries of the merged union, Justin Daerden and Franćois Laurent, will also remain active in ICEM structures.
<img alt="" src="/sites/default/files/migration/icem/1006ACVBelgium2.jpg" width="200" height="143"/>
Newly elected leadership of ACV-BIE/CSC-BIE
The merger Congress was a celebratory event, with song and dance throughout. It also contained an overview of the union’s new statutes. CSC/ACV Confederation President Luc Cortebeeck delivered a video speech from Geneva, where he was attending the 99th Session of ILO’s International Labour Conference. ICEM General Secretary Manfred Warda also attended the congress.
The new union will have 15,000 elected shop-floor delegates.

CSC Chemicals and Energy, Construction Unions Merge in Belgium

<img src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39" alt=""/>
On the heels of a gainful first contract victory against with Covanta on the US east coast, a branch of the ICEM affiliate Utility Workers Union of America (UWUA) mounted another mobilisation in the US Midwest to stave off unneeded concessions, winning another excellent collective agreement. 

This one was with DTE Energy, the electric and gas provider that formerly was known as Detroit Edison. Some 4,000 UWUA Local 223 are now voting on a three-year labour agreement that will give them 3% annual salary increases, plus a US$750 contract signing bonus.
<img src="/sites/default/files/migration/icem/1006.uwua.2.jpg" width="220" height="146" alt=""/>
 UWUA President Mike Langford, at 1 June Local 223 meeting. At left, Executive Vice President Steven VanSlotten and Local 223 President Rich Hawkins. At right, Local 223 President Jim Harrison
The proposed agreement, negotiated in contentious bargaining that went right up to the 6 June expiry of a prior three-year agreement, came primarily because of workers’ anger in being presented with concessionary proposals by a company posting rich (US$230 million) net profits in first quarter 2010, and then handsomely rewarding its top executives. 

DTE Energy had proposed huge increases to the portion of worker-paid health care coverage, elimination or cuts to retiree health care, and the stripping of job security provisions. On 1 June in a fiery, over-full mass union meeting that needed the police of Livonia, Michigan, for crowd control, Local 223 members voted 97% to give strike authorization to the bargaining committee. 

Workers were angry that they contributed US$100 million in continuous improvements at Edison and MichCon. At the mass meeting, UWUA President Mike Langford said, “The national union will not allow this to happen. We won’t let DTE line the pockets of executives while it empties the wallets of our workers.”
<img src="/sites/default/files/migration/icem/1006.uwua.3.jpg" width="300" height="200" alt=""/>
Local 223 members turned out in force on 1 June to resist DTE Energy’s takeaways  

Bargaining resumed the next day and by the time weekend (4-6 June) talks concluded, the company had moved from its entire slate of concessions. “We’re proud that we were able to work together to achieve an outcome that values our employees, serves our customers and supports Michigan’s economic recovery,” appropriately stated the company in a joint news release. 

UWUA Local 223 represents electric line workers, skilled trades-persons, technical staff, power plant operators, electric and gas service and distribution workers, and customer service, office, and clerical staff. Local 223 members also serve as first responders in times of crisis and in times of life and death situations in Detroit and surrounding communities.

US Utility Workers Win Again, This Time with Detroit Electric Company

<img src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39" alt=""/>
From 1-3 June, the second meeting of unions organizing in Spanish multinationals was held in Bogotá. It was attended by 25 trade unions from across Latin America. The meeting was organized by ISCOD, the Spanish Trade Union Development Institute that is connected to one of Spain’s national labour centres, the UGT, as well as ICEM and Union Network International (UNI). 
 
The main objective of the meeting was to monitor the activities and to provide for measures to assure trade union rights are adhered to in Spanish multinationals. The activities must be geared to strengthening union organization, promoting unity processes, and reinforcing trade union alliances as well as campaigns for equality. 
 
Representatives were present from the private oil and gas workers’ federation of Argentina, CNQ Brazil, Sintraelecol of Colombia, and UGT delegates from Endesa, Gas Natural-Fenosa, and Repsol in Spain. 
 
One of the aims of holding the meeting in Colombia was to address the issue of murders of trade unionists. Sub-contracting in Colombia as it contributes to union busting is a further concern. The recent passing of the Free Trade Agreement between Colombia and the European Union was one further topic of discussion. The meeting demanded assurances for respecting trade unions, citizens and consumers.
<img src="/sites/default/files/migration/icem/0911SergioNovais.jpg" width="120" height="131" alt=""/>
ICEM Latin American/Caribbean Region Vice Presdient Sergio Novais 
Sergio Novais, ICEM Vice-President for the Latin American/Caribbean Region, said, “At this second meeting, we insist that multinationals have the same conduct in Latin America as they do at home. In the specific case of Colombia, there is no guarantee that trade union leaders can perform their duties with impunity. ICEM has seven affiliates in Colombia, and leaders of all of them have to carry out their activities with bodyguards. We have been denouncing this outrage for many years.” 
 
The participants were concerned about the impacts of the crisis in Spain and the possible effects on Spanish multinationals and their employees in Latin America. A more profound exchange of experience was seen to be one way to avoid abuses. This project is on-going through the auspices of ISCOD and ICEM’s Spanish affiliate, the FIA-UGT, who are thanked and congratulated for their support.

Murders, Union Rights Discussed at Observatory of Spanish Firms in Bogotá Meeting

Policy positions differ in the trade union movement, both at national and international levels concerning the use of temporary work agencies. Views vary from total bans on such agencies, to partial bans, to strict regulation. There are also differences as to on what basis workers should be covered by collective bargaining agreements. However, there are certain views shared by all Global Unions. 
 
The first principle is that the primary form of employment shall be permanent, open-ended and direct employment. 
<img src="/sites/default/files/migration/icem/CGU.jpg" width="95" height="95" alt=""/>
Concerns and challenges 
 
The use of workers provided by temporary work agencies raises concerns and challenges for trade unions. This includes the effect that the use of temporary work agencies has on workers with regular and permanent employment as well as on the conditions under which work is performed by workers engaged through such agencies. The triangular relationship between the worker, the user enterprise and the temporary work agency that supplies the worker can undermine labour and social protection, as well as the effective realisation of the right of all workers to form or join trade unions and to bargain collectively. 
 
Agency workers must be specifically guaranteed the right to join a union with a collective bargaining relationship with the user enterprise and be part of a bargaining unit comprising direct employees of the user enterprise and be covered by all collective bargaining agreements applying to the user-enterprise. 
 
Using temporary work agencies as a way of replacing direct and permanent employment 
 
There may be legitimate demand-driven or business reasons for using temporary agency workers, including surges of work and seasonal employment, although such work can also be performed through direct employment. However, not all reasons for using temporary agency work are related to staff shortages or the “fluctuation of business” and it has become common to use temporary agency workers to fill previously permanent and direct positions and to reduce costs. Increasingly, workers provided by agencies are used to fill “core” jobs but are not given any opportunity to transition to direct permanent employment. In a growing number of instances, entire workforces are provided by temporary work agencies. 
 
Using temporary work agencies to adversely change employment conditions, avoid social responsibilities and evade laws 
 
Employers often use temporary agencies in order to avoid their legal obligations. This can and does lead to abuses such as social dumping and all kinds of discrimination. Work then becomes precarious and workers are denied the employment rights and working conditions to which they would otherwise be entitled. Sometimes these agencies are creations by the company or employer concerned, with the user enterprise becoming the sole client. 
 
Workers provided by agencies frequently receive significantly lower compensation than regular employees performing the same work. Such workers are also often not entitled to the same levels of social protection, such as retirement provision, the right to unemployment compensation, sickness benefits or maternity leave. Employers commonly do not invest sufficiently in the education or training of agency-supplied workers. Inadequate education and training may undermine the quality of service provided by the agency workers, while lack of training on health and safety increases the risk of occupational accidents and diseases. 
 
The cost of downsizing is lower if temporary agency workers are engaged because ending a commercial contract is often less costly than terminating an employment relationship. In various countries and sectors, the financial crisis resulted therefore in massive job losses for temporary agency workers, who are not generally entitled to any of the compensations that are required to be paid in the case of forced redundancies. This experience heightens the danger that as economies recover, employers will increasingly favour temporary agency work as a means to avoid the costs of terminating regular employees. This would add additional instability and volatility to the economy. 
 
Where more and more workers are made “disposable”, many business risks are shifted from employers to workers. 
 
Using temporary work agencies to weaken trade unions, avoid collective bargaining or prevent union organising 
 
Employers are, at times, deliberately using temporary work agencies to reduce the number of workers covered by collective bargaining at their enterprises or to prevent unorganised sections of the workforce from seeking union representation and exercise their right to bargain with the user enterprise, which effectively controls terms and conditions of employment. 
 
One of the principal reasons why workers do not form or join trade unions is fear of discrimination or dismissal. Temporary agency employment increases this fear because it is a way to avoid dismissal legislation, which has the effect of, indirectly, protecting the right to organise. Too often, contracts are simply ended. In addition, temporary agency employment reduces the workers’ stake in an enterprise, as well as the opportunity to participate in trade unions. 
 
The use of workers supplied by temporary work agencies to replace striking workers or to undermine industrial action at a user enterprise is a serious violation of trade union rights. 
 
Using temporary work agencies as a means of exploitation. 
 
Where temporary work agencies are permitted to operate, they must be properly regulated and monitored in order to prevent abuses of workers, such as human trafficking or fee charging in cross border placements. When agencies involved in recruiting workers in one country for work in another country charge fees to the workers concerned instead of to the user enterprise, those abuses lead to extreme exploitation, including bonded or slave labour. All recruitment fees, including visa, transportation and hiring fees, must therefore always be borne by the user enterpriser. 
<img src="/sites/default/files/migration/icem/CGU.jpg" width="95" height="95" alt=""/>
 
Fundamental principles on temporary work agencies 
 
• The primary form of employment shall be permanent, open-ended and direct employment. 
 
• Workers provided by temporary work agencies must be accorded equal treatment and opportunities, including equal pay for equal work, with regular and permanent employees with respect to terms and conditions of employment. 
 
• Workers employed through temporary work agencies must have a recognised and enforceable written contract of employment, specifying their terms and conditions of employment. 
 
• Where agencies are permitted to operate, they must be strictly regulated, including through licensing. 
 
• Temporary work agencies must not be used to eliminate permanent and direct employment relationships, diminish the conditions under which work is performed, avoid collective bargaining relationships with trade unions or effectively make it impossible for an agency worker to join a trade union. 
 
• Employers should consult trade unions before agency workers are used and negotiate over any effects that the use of these agency workers might have on regular employees, on working conditions or on the collective agreement. 
 
• The use of temporary agencies should be restricted to cases of legitimate need. As a minimum, there should be defined limits on the use of agency workers, as well as restrictions on the duration of such employment. 
 
• Workers provided by temporary work agencies must be guaranteed access to information on health and safety regulations in the workplace and be given the same equipment, induction and training as permanent workers. 
 
• Adequate and continuous social protection for agency workers, including social security coverage, must be ensured by employers and government alike. 
 
• Temporary work agencies must treat workers without discrimination on the basis of race, ethnic origin, colour, sex, sexual orientation, religion, political opinion, nationality, social origin, age, disability or any other form of discrimination. Appropriate regulatory frameworks (governmental, co-regulation or self-regulation) on private employment agencies should include and promote these principles, rights and obligations. These include the minimum standards outlined in ILO Convention No. 111. 
 
• Given the general over-representation of women in agency employment and the disparity in wages between permanent and agency workers, particular attention must be given to ensure that the equal pay provisions of Convention No. 100 are applied, including equal pay for work of equal value. 
 
• The ILO should play a much more active role in ensuring that temporary employment agencies respect basic labour standards, as well as in collecting data on abuses and best practices, while at the same time monitoring and analysing trends in employment in both the private and public employment agency sector. This research should focus on issues relating to the economic crisis and the Global Jobs Pact. The Global Unions should participate in this work. 
 
• Workers supplied by temporary work agencies must never be used to replace striking workers or undermine industrial action. 
 
• Temporary work agencies must not charge any fees to workers for dispatching them. 
 
• The user-enterprise must be held liable for all financial and other obligations with respect to temporary agency workers should the agency fail to honour its responsibilities. 
 
 
Principles of public policy with respect to temporary agency work 
 
• Governments have the responsibility to protect the interests of society in stable employment relationships and to ensure the applicability of labour law, the branch of law developed to protect workers in both public and private sectors, in their unequal relationship with employers. 
 
• Governments can limit or ban the use of temporary work agencies in order to protect these broader societal interests. 
 
• Government must set strict regulations and licensing conditions if agencies are permitted to operate. 
 
• Governments should consult trade unions on issues related to working and employment conditions of the agency workers, as well as on conditions of use of temporary agency work prior to making changes in the regulatory framework. 
 
• The respective roles, obligations and rights of the workers, the temporary work agency and the enterprise using the worker must be clarified when there is an employment relationship between a temporary work agency and a worker. 
 
• Governments must take genuine and concrete measures such as changes in legislation to ensure that workers dispatched by temporary work agencies are able to effectively exercise their right to join or form trade unions. This includes the right to join a union with a collective bargaining relationship with the user enterprise and be part of a bargaining unit comprising direct employees of the user enterprise and be covered by all collective bargaining agreements applying to the user-enterprise. 
 
• Governments should strengthen labour inspection, including through providing adequate resources, in order to effectively apply labour law and regulations to employment via temporary work agencies. 
 
• Governments should provide effective mechanisms to protect all workers from health and safety hazards and ensure health & safety conditions of temporary agency workers are the same as of permanent ones. Governments should introduce sanctions for user-enterprises, public and private, not complying with health & safety requirements. 
 
 
Migrant workers dispatched through temporary agencies face specific problems. 
 
• Migrant workers should receive details of their living and working conditions in a language they understand before leaving their country of origin. 
 
• Governments must take active measures to prevent human trafficking and the exploitation of migrant workers by labour intermediaries, both public and private, including temporary work agencies. 
 
• Governments should ensure that immigration legislation governing migrant workers recruited through agencies does not conflict with labour laws by imposing restrictions on migrant workers’ rights to join trade unions or bargain collectively. 
 
• Workers should not be required to pay deposits, visa, transportation and hiring fees. In the case of agencies dispatching workers to other countries, the agencies should be required to repatriate workers in the event that their employment ends or the user company disappears. 
 
• Workers must not be required to surrender their passports or other travel or identity documents. 
 
• Temporary migrant workers should have full rights to legal redress in the country where they work.

Global Union Principles on Temporary Work Agencies

IMMEDIATE RELEASE, 17 June 2010 – Two Global Union Federations (GUFs) representing a combined 45 million workers will conduct a two-day conference on economic, environment, and social dimensions of sustainability in Toronto beginning tomorrow, aimed at forging a worldwide workers’ and communities’ declaration for the upcoming G8 and G20 summits. 
 
The “Triple Crisis of Sustainability” Conference is sponsored by Geneva, Switzerland-based International Federation of Chemical, Energy, Mine & General Workers’ Union (ICEM) and International Metalworkers’ Federation (IMF), and will include voices from 270 trade union and other leaders from over 50 countries. 
 
The conference runs from 9h00 to 17h30 on both 18 and 19 June in the Dominion Ballroom of the Sheraton Centre Toronto Hotel, 123 Queen Street West. 
 
“The financial crisis that brought the world’s economy to its knees needs correcting and it needs the resonating voices of those most affected by runaway greed and banking calamities,” said ICEM General Secretary Manfred Warda. “Environmental catastrophes, monetary disparities, and destabilized societies all have related origins, and this is the pivotal time for the world’s economic and political leaders to correct the imbalances.” 
 
Added Jyrki Raina, General Secretary of the IMF: “The uncertainties that workers and their families face is now unprecedented. We want guarantees that the G8 and G20 summits address the legitimate concerns of workers for social justice and long-term, sustainable employment, and include the introduction of a global tax on financial institutions.” 
 
The two GUFs believe that the crises of failing economies, environmental inaction, and social disorder are interconnected. ICEM and IMF also believe these crises have been produced by absence of global financial and environmental regulations, as well as inept financial governance of markets. The conference will ensure that the voices of global workers are heard on these issues before the G8 and G20 summits convene. 
 
Jobs, workers’ rights, social protections, quality public services, and sustainability – both on environmental stewardship and in providing decent work – will serve as the heart of a common declaration from the conference to the G8 and G20. 
 
A keynote speech on 18 June will be delivered by United Steelworkers President Leo Gerard, whose union has been victimized by the merciless globalization and one of the world’s largest and most profitable mining companies in Ontario. A panel on the opening day will address the economic crisis. 
 
Other panels will be on topics of sustainable development and climate change, and on corporate governance. On the concluding day, 19 June, David Donnelly, a leading environmental attorney connected with Canada’s Blue-Green Alliance, will speak, as will John Evans, the General-Secretary of the Paris-based Trade Union Advisory Committee (TUAC) to the Organization for Economic Co-operation and Development (OECD). 
 
The conference’s programme has been built to allow for maximum comments from the 250 participants in order to gain a wide-ranging discourse over the effects of the social, environmental, and economic crises. 
 
The ICEM counts 467 trade union affiliates in 132 countries, and represents 20 million workers. The IMF represents the collective interests of 25 million metalworkers from more than 200 unions in 100 countries.
Note to Media Outlets: A Press Briefing will occur at the venue at 12h30, 18 June.)
For more, contact: Dick Blin, ICEM Information Officer on-site at <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, +41 79 734 8994 (mobile); or Alexander Ivanou, IMF Communications, <a href="mailto:aivanou@imfmetal.org">aivanou@imfmetal.org</a>, +41 22 308 5033 (land line).

Global Trade Unions Meet in Toronto for Sustainability Conference

Archive