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On the eve of World AIDS Day, 1 December, the ICEM leadership recommitted to fight the battle to stem the spread of HIV/AIDS through awareness, education, and poverty eradication campaigns. The ICEM&rsquo;s 4th World Congress, held 22-24 November in Bangkok, Thailand, affirmed that commitment. 
 
&ldquo;As the newly-elected leaders, we reaffirm ICEM&rsquo;s commitment to fight HIV/AIDS,&rdquo; said ICEM President Senzeni Zokwana and General Secretary Manfred Warda. &ldquo;Hundreds of union leaders representing 180 affiliates in 75 countries signed the pledge for World AIDS Day at our Congress.&rdquo; 
 
That pledge, signed by not only the 840 trade unions leaders attending the Bangkok Congress, but taken back to national unions for thousands more signatures, commits the trade unionists to take the fight inside the workplace. 
<img height="113" alt="" src="" width="100" />
It commits to outright rejection of all forms of discrimination and victimisation of people living with HIV/AIDS; it recognises that the gender dimension of HIV/AIDS, and promises to fight for equal gender relations and the empowerment of women; and, in maintaining ICEM&rsquo;s continued work in this area, it encourages voluntary counselling and testing of workers and family members, as well as providing support for those who disclose their HIV-positive status. 
 
The pledge also makes demands of employers and governments. It demands that companies negotiate policies with trade union that are in sync with the ILO Code of Practice on HIV/AIDS and the World of Work; it calls on employers to implement awareness-raising and prevention programmes jointly with trade unions; it call on firms operating in remote geographic areas with little or no health services to take responsibility for providing care and treatment; and it promises to undertake efforts to obtain affordable drugs from pharmaceutical companies and production of high-quality generics for those afflicted with the virus. 
<img height="133" src="" width="100" alt="" />
Regarding governments, the pledge advocates access for all to public health, including free or affordable antiretroviral treatments; it promises to promote legislation on discrimination and social protection; and it promises to lobby donor countries for accelerated financial resources for the global fight against HIV/AIDS. 
 
&ldquo;The ICEM and its affiliates are strategically positioned in our sectors, and in our thousands of workplaces, to play a direct role in stopping the spread of HIV/AIDS,&rdquo; said Zokwana and Warda. &ldquo;On World AIDS Day 2007, we call on all social partners to intensify campaigns in order to reverse the HIV/AIDS pandemic.&rdquo; 
 
The International Chemical, Energy, Mine and General Workers&rsquo; Unions (ICEM) is a 20-million-member Global Union Federation based in Brussels, Belgium.

ICEM Reconfirms Commitment to Fight HIV/AIDS Pandemic

The International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions (ICEM) concluded its 4th World Congress today, 24 November, in Bangkok, Thailand, with sharply worded motions calling for economic sanctions against the military regime in Burma, and on establishment of trade union rights in Iraq. The Iraq resolution also called for the earliest possible withdrawal of occupational military forces from the Middle Eastern country. 
 
A total of 840 trade union leaders from 176 global ICEM affiliates, representing 75 countries, attended the three-day Congress. 
 
The final day was marked by impassioned speeches from the General Secretary of the exiled Federation of Trade Unions of Burma (FTUB) and from central leaders of the Iraqi Federation of Oil Unions (IFOU), a collection of ten oil workers&rsquo; union in southern Iraq, and from the Kurdistan General Workers&rsquo; Syndicate of Unions (KGWSU). 
<img height="285" alt="" src="" width="380" />
FTUB General Secretary Maung Maung at the ICEM Congress
Opening the last day&rsquo;s session was Maung Maung, General Secretary of the FTUB. He said the recent street protests in Burma are not over and Burmese people will carry their struggle for liberation and national democracy to the end. &ldquo;Economic sanctions and international pressure do hurt this regime,&rdquo; Maung said, urging as much international pressure as possible because &ldquo;the regime is cracking.&rdquo; 
 
The ICEM&rsquo;s motion calls on all global unions to &ldquo;exert their influence&rdquo; and &ldquo;to approach their governments so that the international community can jointly pressurize the military regime to restore democracy.&rdquo; 
 
Two key speakers from the oil and gas sector rose to support the motion. Gary Beevers, a Vice President and Oil Bargaining Chairman for the United Steelworkers in the United States, said his union has taken action against US-based Chevron for its gas dealings with the regime. 
 
And Marc Blanc, of the French trade union FCE-CFDT, announced that his union federation &ndash; together with four other French trade unions &ndash; will host the FTUB in Paris on December 20. The meeting will center on Total&rsquo;s activities in Burma, and will occur in conjunction with the Executive Committee of Total&rsquo;s European Works Council. 
 
On the Iraq motion, Hassan Juma&rsquo;a Awad al Assadi of the IFTU told delegates the US administration of George Bush came to Iraq with a Hydrocarbons Law that &ldquo;would steal our oil reserves.&rdquo; 
 
&ldquo;The Iraqi people are the only ones who should decide and control their oil wealth,&rdquo; he said. He also called upon the current Iraqi government and the International Labour Organisation (ILO) to expedite legislation inside Iraq called the Labour and Social Security Law, which would secure legitimate labour rights for all Iraqi workers. 
 
Siddeeq Ramadhan of the KGWSU told delegates that Kurdistan is a &ldquo;devoted part of Iraq&rdquo; with a desire to live in peace with Iraq&rsquo;s neighbours. 
 
The ICEM&rsquo;s final session also passed a motion on installing more safety measures in the mining secure, and called for governments to pass ILO Convention 176 on Safety and Health in Mines. The ICEM also passed a motion support the International Trade Union Confederation&rsquo;s (ITUC) Decent Work Initiative.

ICEM Congress Closes with Strong Motions on Burma, Iraq

The 4th World Congress of the International Federation of Chemical, Energy, Mine &amp; General Workers&rsquo; Unions (ICEM) opened today, 22 November, in Bangkok, Thailand, with a full slate of speakers, as well as pointed discussion on the future course of the 20-million-member Global Union Federation (GUF). Some 840 trade union leaders from 176 national trade unions in 75 countries are attending the three-day Congress at the Queen Sirikit National Convention Centre. 
 
Global union leaders also addressed the risks to workers of asset-stripping private equity firms, and delegates heard recent examples of job losses caused by such speculative financial tools. The quadrennial Congress, gathered under the banner &lsquo;Global Unity &ndash; Global Equality,&rsquo; continues on Friday, 23 November, with an address by Maung Maung, head of the exiled Burmese labour federation FTUB. 
 

<img height="253" alt="" src="" width="380" />
Italo Rodomonti and Manfred Warda signing ICEM-WFIW integration agreement
The Congress will also consider a host of motions, including one on Burma, labour disputes occurring in the host country, Thailand, a location change of the labour federation from Brussels, Belgium, to Geneva, Switzerland, and one on creating closer cooperation with other GUFs. The election of ICEM General Secretary and President will also occur on 23 November. 
 
Following a welcome by Kyoshi Ochiai of Japanese labour federation UI Zensen, chairman of ICEM&rsquo;s Asia-Pacific Region, delegates heard from Rawi Pupaga, head of ICEM&rsquo;s Thai umbrella of labour unions. He delivered news that a negotiated settlement is near at hand with Thailand&rsquo;s Health Ministry to halt the interim government&rsquo;s plan to privatise the Government Pharmaceutical Organisation. 
Today&rsquo;s session included formal integration of the World Federation of Industrial Workers into the ICEM, a Christian-based network of trade unions. 
 
Featured speaker in the opening session was Guy Ryder, General Secretary of the 168-million-member International Trade Union Confederation (ITUC). Ryder&rsquo;s comments centered on the shifting and real sentiment inside global trade unions of consolidation and closer cooperation. He spoke on the founding in January 2007 of the Global Unions Councils, an action-oriented structure to link the work of the world&rsquo;s 11 GUFs, as well as the ITUC and the Trade Union Advisory Committee of the OECD. 
<img height="285" alt="" src="" width="380" />
ICEM President Senzeni Zokwana
&ldquo;This will not be a dead piece of administration bureaucracy,&rdquo; Ryder promised. &ldquo;We now have the opportunity to work together to identify common priorities, and to design and fund work plans which will benefit from our combined talents, expertise, and strength. 
 
In a keynote speech delivered by ICEM President Senzeni Zokwana, the president of the National Union of Mineworkers (NUM) of South Africa, he addressed growing trade union concern on the increasing number of deaths occurring in the mining industry. &ldquo;How many more deaths, anguish, and sorrow must be visited upon innocent mineworkers, their families, and the communities in which they live before we can say enough is enough?&rdquo; he asked. 
 
The Congress opened to the sad news that 100 coal miners had perished in a methane gas explosion in the Donetsk region of Ukraine. And Zokwana&rsquo;s own union, the NUM, has now planned a one-day strike for 4 December across the entire mining sector of South Africa to protest the lack of regard for health and safety by mining houses operating in the mineral-rich nation. It will mark the first total shutdown of all mines in South Africa in 20 years. 
 
ICEM General Secretary Manfred Warda presented the GUF&rsquo;s Secretariat Report, and cited several examples on where union action or voter power has changed the agenda for capital markets. &ldquo;We should never agree with any government&rsquo;s argument that they cannot control the so-called invincible forces of globalisation,&rdquo; he said. 
 
Warda highlighted the ICEM&rsquo;s work on helping to stop the spread of the HIV/AIDS around worksites of the extractive industries, as well as giving instances in which engagement with multinational companies on meaningful social dialogue has produced tangible results. 
 
Henk Van Der Kolk, president of the national union FNV Bondgenoten in The Netherlands, addressed the issue of private equity, and how the rapid movement of capital has undermined workers&rsquo; rights and created mass job losses. He challenged the ICEM to examine how private equity funds are violating the code of conduct of the OECD, as well as rules of the WTO. He also suggested the time might be ripe for the ICEM, or the ITUC, to seek Global Framework Agreements with private equity concerns in order to bring a social dimension to such capital funds. 
 
The Bangkok Congress of the ICEM is featuring speeches and appearances by seven Iraqi trade unionists coming from the oil sector as well as the electric power sector.

ICEM Congress Opens with Cry of Better Mine Safety, Curbs to Capital Markets

Throughout a one-day, 21 November, ICEM conference on Contract and Agency Labour (CAL), taking place prior to the Global Union Federation&rsquo;s 4th ICEM World Congress in Bangkok, Thailand, speaker after speaker confirmed that the trend of industry subcontracting is rapidly increasing throughout the world. 
 
Predominant is the continuing trend of subcontracting in developing nations. With few exceptions, the 300 trade unionists attending cited specific problems with agency, temporary, short-term contract, or self-employment labour, relating directly to the lack of a (decent) employment relationship. 
 
For many of the world&rsquo;s workers, affecting most industries, a prior, normal relationship has been reduced to one of much lesser quality. For others, the relationship has changed to a mere commercial one, with workers&rsquo; taking the job security risks, and an erosion of social benefits affecting both workers and society. 
<img height="113" alt="" src="" width="100" />
The ICEM conference produced several examples in which subcontracting is becoming rampant on several continents. In the mining and diamond sector of India, virtually all miners are contract labourers. In Thailand and Korea, examples were cited where CAL work is omnipresent. 
 
Africa was described as globalisation&rsquo;s play ground. In the mining sector of sub-Saharan Africa, many problems are created by investors who think anything in the employment realm is possible. Other examples came from a wide variety of countries, including Russia, Ukraine, Moldova, United States, Japan, Tanzania, Peru, and the UK. 
 
A special contribution came from Hassan J&rsquo;Aama, President of the Iraqi Federation of Oil Unions (IFOU). 
 
The conference also delivered, however, case studies in which unions and trade unionists have succeeded in rolling back the trend. One such example came from Brazil. At the oil firm Petrobras four years ago, there were three contract workers for each permanent worker. Today, after sound bargaining by trade unions, the ratio is one permanent worker to every one-and-a-half contract worker. 
 
Chile, Uruguay, South Africa, Macedonia, and Croatia were also quoted as countries where progress has been made, both legislatively and at the collective bargaining table. 
<img height="333" alt="" src="" width="250" />
Hassan J&rsquo;Aama, President of Iraqi Federation of Oil Unions (IFOU)
Given the difficult situation in many countries, and the need by many to hear how others deal with temporary or agency labour, the ICEM was called upon to continue and intensify its three-year-old campaign on this employment issue. 
 
A key ingredient of this work is the need to guarantee that all CAL workers - everywhere - are entitled to the same wages, benefits, and work rights as the permanent workers. 
 
Also stressed was the importance of legislation efforts in regard to contract and agency labour, preferably at nation-wide level. The principles of the ILO Recommendation 198, the Employment Relationship Recommendation, will be an important tool in this. 
 
Finally, it was agreed that unions need to reach out to short-term contract or temporary workers. In too many countries, such workers have faced resentment from trade union members. Setting up unions, or union divisions, for CAL workers, or &ndash; by many, the preferred option &ndash; simply bringing CAL workers into existing union structures, is seen as an important and needed accomplishment.&nbsp;

Contract and Agency Labour - a Global and Negative Phenomenon

<img height="40" src="" width="100" alt="" />
Calling South Africa&rsquo;s mining industry &ldquo;the killing fields within our economy,&rdquo; the National Union of Mineworkers (NUM) submitted a report on mine safety 14 November to the National Parliament&rsquo;s Portfolio Committee on Minerals and Energy. 
 
The NUM listed eight recommendations needed to reduce the number of accidents and deaths occurring in South African mines. They include obtaining better detection technology on seismic geological events; legislation that will provide steeper fines on mining houses, up to imprisonment for executives when tragedies do occur; enabling legislation to nationalise mines when mining companies are found negligent in death-related accidents; and a mandatory review and heightened training of safety representatives by companies and the government, which must include risk assessment criteria enabling miners to detect and report hazardous conditions. 
<img height="115" src="" width="250" alt="" />
The report cited the number of deaths and injuries per million hours worked in South Africa&rsquo;s mines since the year 2000. And it specifically highlighted the fact that, even though the Mine Health and Safety Act of 1996 sets forth a procedure for legal prosecution in mine safety negligence, no such prosecution has occurred dating back to the year 2000. 
 
&ldquo;Given the gravity of this situation and the need to send a clear message to employers that profit maximisation must not be pursued at the cost of our members&rsquo; lives,&rdquo; the NUM report concludes, we have no alternative but &ldquo;to embark on a National Strike.&rdquo; 
 
In mid-October, the NUM filed for certification for such a strike with the Commission on Conciliation, Mediation, and Arbitration (CCMA). That governmental agency, along with the NUM and the Chamber of Mines, is currently in the consultation process that is mandatory before any legal strike can occur.

NUM Recommends Broad Mine Safety Changes to South Africa’s Parliament

<img height="40" src="" width="100" alt="" />
New Zealand&rsquo;s Engineering, Printing and Manufacturing Union (EPMU) is giving support to a Private Member&rsquo;s Bill put forward by an MP that would give labour agency workers the right to be covered by a collective agreement. 
 
Labour MP Darien Fenton has submitted the legislation to New Zealand&rsquo;s Parliament, saying contract labourers and agency workers are often placed in a workplace to do the same job that full-time workers perform. But, he added, they are paid less and have fewer rights. 
 
The proposed legislative change is called the Employment Relations (Triangular Employment) Amendment Bill. 
<img height="50" src="" width="100" alt="" />
Fenton saw first-hand the unfairness faced by temporary workers. He recently visited a worksite where temporary workers from an agency are employed. &ldquo;Entitlements are few and far between,&rdquo; he said. &ldquo;There are no entitlements to breaks apart from lunch. There are no shift payments, no overtime rates, no weekend rates or other allowances, even though directly-employed workers receive these things. 
 
&ldquo;Under my bill, workers like these will be able to join the collective agreement in force at the workplace, thus ensuring they have the same pay and rights as directly-employed workers.&rdquo; 
 
Since Fenton&rsquo;s bill is a Private Member&rsquo;s Bill, in New Zealand it means that it will have to wait to be drawn from the ballot before it is brought before Parliament.

Private Member’s Bill Surfaces in New Zealand on Agency Labour

The ICEM today said Stora Enso must do more to meet its social responsibilities regarding layoffs at two pulp and paper mills in Finland, as well for white-collar workers in the Nordic nation that are also getting the sack. The ICEM supports this week&rsquo;s strike by workers at Stora Enso in Finland. 
 
The Global Union Federation, representing 20 million workers in several industrial sectors, predicted in November that further strikes in the Finnish pulp and paper sector would occur if Stora Enso did not present alternatives to its latest restructuring plan. (That release can be found <a href="/en/?id=19&amp;doc=2442&amp;la=EN">here</a>.)
<img height="143" alt="" src="" width="140" />
On 25 October, the Finnish-Swedish company announced that 1,400 jobs would be cut in Finland, Sweden, and other European nations.&nbsp;Some 1,100 of those jobs were to be lost in Finland. Yesterday&rsquo;s announcement by Stora Enso that mill closures and job cuts totalling 985 is unacceptable, and the ICEM joins with Finnish trade union affiliate Paperiliitto by calling on the company to develop new technologies and new products that will retain workers. 
 
&ldquo;The strikes in Finland are a clear indication that workers themselves are not satisfied with the company&rsquo;s approach,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;As a sizeable minority shareholder in Stora Enso, the Finnish government has an obligation to do more to preserve these jobs.&rdquo; 
 
The ICEM reiterates its solidarity to the workers at the Kemij&auml;rvi and Summa Mills in Finland, as well as the Norrsundet paperworkers in Sweden, and white-collar workers in the two countries and in other administrative offices in Europe. &ldquo;They have displayed great strength through their respective trade unions, and the ICEM will ensure that this strength becomes a chain of strength for paperworkers throughout the world,&rdquo; said Warda. &ldquo;We call on Stora Enso to implement strategies that grow jobs, not destroy them.&rdquo;

Stora Enso Must Do More to Fulfill Social Responsibilities

<img height="40" alt="" src="" width="100" />
The on-and-off recognition by US-based Ross International of joint representation by ICEM affiliate Sintravidricol at three of its Colombian metal moulding plants is on again after a 23-day strike by union members. With intervention from Colombia&rsquo;s Ministry of Social Protection, Ross agreed to recognise the union at three of five plants at a common bargaining table. 
 
The company agreed to that once before, in October 2007, but changed course the very next month by walking away from talks. Local management cited US owner Larry Ross&rsquo;s unwillingness to sign any union agreement. That caused the strike, which began late in November at the three worksites, Moldes Medellin Ltda., Andes International Tooling, and Andes Cast Foundry Metals.
<img height="92" alt="" src="" width="200" />
Ross opened the latter two plants in 2004, along with two other enterprises, and staffed the operations with contract workers. That was the direct result of staff at Moldes Medillin organising with Sintravidricol, the leading glass workers&rsquo; union of Colombia. With support and assistance from the ICEM and the United Steelworkers and its Flint/Glass Division in the US, Sintravidricol successfully brought the union message to the contract workers in the new plants. 
 
Following last month&rsquo;s company acquiescence to a four-year labour agreement at the three plants, all workers previously on fixed-term contracts became full-time staff. And that included a majority of the 240 workers at the three plants. Additionally, equal rights and conditions will exist between all workers. Union rights were won, with strict provisions outlining union representation and union activities. 
<img height="188" alt="" src="" width="250" />
Talks froze at Ross in November 2007
The company also agreed to withdraw all court actions against the union and workers. Sintravidricol called the December 2007 agreement an achievement of the basic objectives that launched the international campaign some three years ago. &ldquo;This is due not only to the unity and capacity for struggle of the union, but also the enormous international support, which resulted in this conflict becoming a problem for the central government, with international repercussions,&rdquo; said Sintravidricol in a statement. 
 
The ICEM heralds the persistence of our Colombian affiliate, as well as workers and leaders in Sintravidricol&rsquo;s Sabaneta and LaEstrella regional structures. The on-again, off-again bargaining table developments at Ross in Colombia in late 2007 can be found <a href="/en/?id=78&amp;doc=2450&amp;la=EN">here</a> and <a href="/en/?id=78&amp;doc=2496&amp;la=EN">here</a>.

Persistence Pays Off for Ross Glass Workers’ in Colombia

<img height="40" alt="" src="" width="100" />
A lockout by Canadian petroleum company Petro-Canada will hit the two-month mark on 17 January, with no talks occurring between the company and the Communications, Energy, Paperworkers (CEP) Union since the start of the lockout. The lockout of 267 union members at an oil refinery in Montr&eacute;al, Qu&eacute;bec, is an attempt to reverse Petro-Canada&rsquo;s own pattern-setting energy bargaining established at a company refinery in Edmonton, Alberta, on 13 May 2007. 
 
The ICEM-affiliated CEP and Petro-Canada there agreed to a three-year contract for 300 workers. Since May 2007, the CEP has signed labour accords with other companies set by the Petro-Canada/Edmonton agreement, including Petro-Canada operations in Ontario province. The CEP established Petro-Canada as the lead company in its National Energy and Chemical Bargaining Programme for 2007-2008, nearly one year ago. 
<img height="225" alt="" src="" width="380" />
Managers at the Point-aux-Trembles refinery in the east end of Montr&eacute;al are insisting on a six-year labour agreement, and they seek contract revisions that will reduce health and safety personnel. The company also seeks to erode workers&rsquo; rights concerning scheduling and assignments, and wants an accelerated training and progression system in which job safety will be jeopardised. Petro-Canada is attempting to operate the refinery during the lockout with 130 managers and scabs, contrary to Quebec&rsquo;s labour law. 
 
In 2007, under CEP staffing, the refinery experienced an average production increase to 130,000 barrels-per-day, from 105,000 b/d in 2006. In a statement immediately following the 17 November lockout, Petro-Canada said the lockout was necessary because the refinery was in a &ldquo;constant state of standby&rdquo; from the labour talks. The company later admitted it had been training managers since September 2007 to run the facility, apparently anticipating the lockout. 
<img height="266" src="" width="200" alt="" />
Local 175 rally, 9 January
&ldquo;Running an oil refinery requires highly specialised skills and dedicated safety training,&rdquo; said CEP President Dave Coles, who joined workers on picket lines and in a mass meeting on 9 January. CEP Local 175 &ldquo;members are on the front lines of the fight to protect pattern bargaining, which is at the very foundation of our union,&rdquo; added Coles. 
 
In a protest in front of the refinery on 21 December, the CEP issued a warning to the Montr&eacute;al community that 130 managers cannot adequately replace 260 skilled workers in a safe and hazard-free manner. The ICEM has joined the CEP in calling for support to the locked-out workers of Local 175, and on calling on Canada&rsquo;s third largest oil company to adhere to terms it had initially negotiated in the current pattern settlement.

Canadian Petrol Refinery Lockout Nears 2-Month Mark

Contract and Agency Labour, a global phenomenon &hellip; 
 
Throughout the entire one-day global ICEM conference on contract and agency labour, which took place just prior to the start of the three-day-long 4th ICEM World Congress in Bangkok, Thailand, speaker after speaker confirmed that the phenomenon of contract and agency labour (CAL) - and of many other forms of precarious employment - is vastly, and rapidly, increasing throughout the whole world. Particularly often mentioned was the continuing trend of using non-permanent, and non-protected, labour in developing countries. 
 
Welcomed by ICEM General Secretary, Manfred Warda, as well as by Vesna Rodic, FES Resident Director, and chaired by Brother Sjaiful from FSP KEP Indonesia, the almost 300 participants at the third global ICEM conference on contract and agency labour heard contributions and presentations by trade unionists from all corners of the world. With little to no exceptions, they all, albeit to varying degrees, mentioned their own problems with contract labour, agency labour and, on a wider level, the wide-ranging difficulties associated with the lack of a (good) employment relationship. 
 
CAL itself is known under a wide range of different names, including temporary work, self employed work, informal work or outsourced work, casual or contingent work, all terms that are used, in one way or another, to describe a fundamental change in the relationship between the workers and employers. 
<img height="60" alt="" src="" width="121" />
What has been changing primarily are the previous &ldquo;normal&rdquo; relationships between employers and workers. For a large segment of the world&rsquo;s workforce, this relationship has become one of a &lsquo;much lesser&rsquo; quality. For many others, such the increasing contingent of &ldquo;self-employed&rdquo; workers, it has changed from an employment relationship to a commercial relationship, with the worker taking all the risks. As a result, many of the protections that workers have fought for, often over a very long time, such as social protection or anti-discrimination rules, are simply lost. 
 
This point was emphasised by, among others, Jim Baker, coordinator of the Global Union Council, who referred to the Philadelphia declaration of 1944 which says that labour is not a commodity. Labour can therefore not be sold as any other market product. He also described the situation of fear that many CAL workers are living in. Where workers do not have any rights, they are afraid. Protesting can have serious consequences under those circumstances. 
 
Individual contracts were also mentioned by Jim Baker, a practice widespread in Australia, among other countries. Another point made was on the value of industry and national bargaining, certainly where guarantees for contract and agency labour workers are needed. 
 
Equally mentioned was the need for unions to emphasise the positive aspects of having a good and satisfied &ndash; which, in most cases, means a unionised, but also permanent &ndash; workforce. It is possibly one of the best arguments against CAL labour, and certainly one that unions should make. 
<img height="71" alt="" src="" width="50" />
Christine Nathan, representing the ILO, talked about how, particularly in Asia, governments are willing to discuss the issue of CAL. However, they only want to do this when the end result is likely to be a set of voluntary guidelines, which they then can ignore. 
 
She further mentioned the fact that, in many countries, the labour situation has become so extremely complicated, with sub-sub-sub contractors and other complicated forms of work relationships, that, even where law makers want to legislate, they find it very difficult to do so. 
 
Nathan was just one of the speakers who picked up on the &ldquo;seven-headed monster&rdquo; image. Through that comparison, spokespersons indicated that it appears to be so that whatever we do, whatever solution we find for whatever problem, another problem seems to resurge, with employers being very creative in finding new ways to avoid responsibilities. 
&hellip;.throughout all regions and continents&hellip; 
 
In Asia, contract and agency work was reported to have been increasing in virtually all sectors and all countries. One particular example given was the Indian mining and diamond sector, where almost all workers work on CAL contracts. Thailand and Korea were cited as examples of other Asian countries where CAL work is omnipresent. 
 
Africa was described as the globalisation&rsquo;s playing ground, with increasing investment, for example in the mining sector, bringing - besides possibilities for organising - mainly across-the-board problems caused by investors who seem to think anything is possible on the continent. The example was given by a representative from Tanzania, where gold company Barrick dismissed close to 1.800 contract and agency miners after failed negotiations on the respect of ILO core labour standards. Standards which are clearly included in Tanzanian labour law. 
 
In almost all countries, women were said to disproportionately suffer from the CAL phenomenon, a point raised by many that spoke, including Evgenia Esenina, chair of the ICEM women&rsquo;s committee. She also spoke of the fact that women, as they are more often unemployed, are more often forced to accept lower quality jobs. 
 
Poverty, a situation which, in many countries, appears to be the direct result of precarious work, was also said to affect women more than men. 
<img height="71" alt="" src="" width="50" />
Migrants were frequently mentioned as another category of workers confronted with the worst excesses of CAL. In numerous countries, migrants have to combine two &ndash; or even three &ndash; precarious jobs, just in order to survive. Many have a sad story to tell and it is no secret that they are often discriminated. As CAL workers, they are, in addition, frequently fired for belonging to a union, they often face an almost total lack of health and safety protections, and/or have little to no social benefits. 
 
The above-mentioned CAL related problems all come on top of another main reason why employers claim they want to need contract and agency labour: it is easy to terminate the workforce. 
 
CAL difficulties are by no means limited to the non-OECD countries. Problems in North America and Europe were also talked about. Contract and agency labour is heavily used in those regions as well, albeit not always at the same level. 
 
In the context of North America, the problem of &lsquo;permatemps&rsquo; was mentioned - a problem by no means limited to this region. 
<img height="71" alt="" src="" width="50" />
US unions, in spite of the fact that they do not exactly work under the easiest of circumstances, also made some progress, including limited progress on the rights to information for contract workers. 
 
In Japan, since the 1990&rsquo;s, limitations on the use of agency labour have been removed. One third of the total workforce in Japan is said to be working in precarious work situations. One typical result has been an increase in average working hours. Another one has been the polarisation of the labour force. Through their national trade union centre, Japanese unions are currently campaigning on CAL issues as one of their key priorities. One successfully used tactic is to establish union subdivisions that concentrate on CAL workers. 
 
In Europe, an estimated average of 4 to 5 percent is working as a contract or agency worker, varying from rather low percentages in the Nordic countries to 33% in Spain. A call was therefore made on the European trade union federations to get involved more in the discussions on this issue. 
 
Agency workers were said to be also increasingly used outside of the &ldquo;more traditionally outsourced&rdquo; sectors, such as cleaning, catering, security, agriculture or construction. In many of the ICEM sectors, for example the energy or the chemical sector, CAL work in core workplaces is ubiquitous. 
&hellip; not all is bad, however &hellip;. 
 
The conference also heard from various participants about cases where unions and trade unionists have been able to fight back. 
 
Until 4 years ago in Brazil, there were three CAL workers for each Petrobras permanent worker. At the time, there was an average of three lethal accidents per month. Today, after years of negotiations &ndash; where it helped that the Lula government was supportive &ndash; the Petrobras CAL ratio is 1 permanent Petrobras worker for every 1.5 CAL worker. 
 
In Chile, a new law, &rdquo;Ley 20123&rdquo;, was passed recently. On the one hand, the law makes it easier now for companies in Chile to outsource work. On the other hand, however, it also gives CAL workers a much better protection than before, including in the area of pension rights and health and safety security, areas where the company where the work is actually done is now clearly responsible. An agency is also being set up, with wide ranging powers, to make sure that the rules and regulations for all CAL workers are applied. 
 
Contract work in Chile can only be used in certain cases, such as to replace workers on holiday, or workers on sick leave. The law forbids using contract labour in case of a strike. Unfortunately, bringing the law into practice has not always been easy so far. 
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Similar limitations on the use of contract and agency labour exist in many countries, all around the world. The same can be said, unfortunately, for the non-respect of many of these rules. 
 
In Uruguay &ndash; another example of a country with a new government &ndash; a bill for a law on outsourcing, drafted by the trade unions, was recently adopted by the government. 
 
In Africa, for example in South Africa, several unions have been able to organise CAL workers. In this region, as well as in many others, there is a clear and direct link between union successes and union strength. 
 
Equally in Africa, Mauritius was presented as a country where the law covers CAL workers and where all workers are, in addition, covered by national collective bargaining. However, recent political powers want to change all that, and deregulate. 
 
In Europe, progress has been made through pressure on governments and companies. Agreements on CAL have been entered into collective bargaining agreements as well, including, for example, in the UK and in Denmark. 
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From Finland came the example of how a campaign on a Taiwanese company failed as the union didn&rsquo;t take the 40% CAL workers into account, and, as a result, didn&rsquo;t get sufficient support for its actions. The union learned from it, and managed to get CAL workers involved in its disputes and collective bargaining after that. 
 
The EU Directive on fixed-time work already says that fixed-term workers have the same right as regular workers. On agency work, there is still no directive on agency labour, in spite of years of trying. 
 
In Central Europe, for example in Croatia and Macedonia, laws do exist to make sure that contract or agency workers are not used to the detriment of the permanent workforce. However, collective bargaining agreements and laws are all too often violated in the region. 
 
In Macedonia, following an SIER campaign, workers now have the right to be informed on what is going to happen at their workplace in relation to contract labour. This includes the right to be informed about any upcoming outsourcing plans. 
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New forms of employment, including contract and agency labour, are also making headway in Eastern Europe. One consistent problem quoted there is that regulation in this area simply does not exist. Russia, Ukraine and Moldova were said to be among the countries were CAL work is being used the most. 
 
In Russia, for example, private employment agencies noted an increase in demand of around 10 percent a year recently. The latest development is that it is the Russian-owned companies that are now calling on agency labour, where it was mainly foreign companies that made use of CAL labour before. 
 
Hassan J&rsquo;Aama, President of new ICEM affiliate IFOU (Iraqi Federation of Oil Unions) spoke on the difficult situation for workers in Iraq. He mentioned not only the overall security situation, but also the distressing fact that several former anti-union laws in Iraq have not been changed since the fall of the previous regime. Both the occupation forces and the Iraqi government were particularly blamed for not abolishing Decree 150, which bans unions in public enterprises, including in the oil sector. 
 
As a result of this continuing anti-union legislation, many Iraqi unions find it very difficult to organise, something which helps explaining why employers in Iraq are using contract labour almost everywhere. Iraqi contract workers, as they do in many other places, often work for a minimum wage, or less, without much protection of any labour code or any real pension rights. 
&hellip; some conclusions &hellip; 
 
One overall conclusion is the clear need for the ICEM to continue and intensify its campaign. Various campaign strategies were emphasised, including on one of the primary goals of the campaign, i.e. to make sure that employers do not sign any contracts with a third party that could affect the employment status of their direct employees, prior to consulting with the employees&rsquo; union representatives. 
 
The importance of networking was highlighted, as was the need of sharing information at a global scale. The exchanging of good examples was mentioned as being very useful. Good examples were those where unions are successful in dealing with the CAL problem, be it in avoiding contract and agency labour, or in finding ways to work with it. 
 
Most participants agreed that trade unions, in the majority of countries, will not be able to get CAL to disappear. Nor do they want that necessarily to happen. Some union members simply prefer short-term contracts. 
 
However, we need to make sure that CAL workers do get the same rights as permanent workers. This includes social protection benefits, pensions, health coverage, and other social benefits. And, obviously, it also includes equal pay for equal work, as part of the struggle for equal rights in general. 
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Also stressed at the meeting was the importance of establishing legal guidelines and regulations on contract and agency labour, preferably at national level. The principles from the ILO Recommendation 198 (the Employment Relationship Recommendation) are an important tool in all this &ndash; a recommendation that still needs to be ratified by a many countries. 
 
One other unambiguous observation, mentioned throughout the meeting - in spite of the fact that this was an ICEM conference, with mainly ICEM participants - was that the phenomenon is not only a global one, but also one affecting nearly all sectors and industries. It was made clear that the ICEM is already cooperating, under the umbrella of the Global Unions Council, with the other Global Union Federations, looking at issues in regard to the employment relationship. The leadership role that the ICEM is taking in this effort needs to be continued, and strengthened. 
 
Finally, it was said by many that unions need to be open to CAL workers. In too many countries, CAL workers have been facing resentment by other trade union members, as they are perceived as the enemy. Setting up unions, or union divisions, for CAL workers, or &ndash; by many the preferred option &ndash; simply bringing CAL workers into the normal union structures, is seen as a very important and needed accomplishment.

ICEM Contract and Agency labour Conference

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