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The Global Union Federation for the mining industry, the International Federation of Chemical, Energy, Mine &amp; General Workers&rsquo; Unions (ICEM), acknowledges the measures taken by the Government of Chile to reform its antiquated workplace safety and health culture since the successful rescue of 33 miners at the San Jos&eacute; mine in northern Region III in October 2010. But the ICEM remains adamant that Chile must ratify and implement procedures under International Labour Organisation (ILO) Convention 176, the Safety and Health in Mines Convention. 
 
Recently, the Chilean government delivered instrument of ratification to the ILO on Convention 187, the Promotional Framework for Occupational Safety and Health Convention. This is commendable, the ICEM believes, but Chile must go further by ratifying Convention 176. 
 
&ldquo;Chile is a nation of rich mineral resources, extracted and sold on global markets,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;If the amazing story at San Jos&eacute; taught us anything it is Chile must meet world-class mine safety standards regarding prevention and monitoring.&rdquo; 
 
Warda added that it primarily is at small- and mid-size enterprises, similar to Campa&ntilde;ia Minera San Esteban Primera, the employer at San Jos&eacute;, where standardized and current methods of safety compliance is woefully missing. Just as these enterprises grow and produce more to meet the soaring global minerals boom, so too must Chile keep pace by proving it can provide the necessary safeguards for mineworkers. 
 
ILO Convention 187 is a general set of workplace safety standards that does commit Chile to establish a tripartite body to address overall occupational workplace health and safety practices. But it is not specific to mining. 
 
Mine Safety Convention 176, and its accompanying Recommendation R-183, addresses a range of hazards and specific problems faced by miners. Most importantly, it sets forth responsibility to not only remove mine hazards, but to remove the root causes of those hazards. 
 
The ICEM notes that since San Jos&eacute;, Chile has made some progress on mine safety. The National Service of Geology and Mining (SERNAGEOMIN) has seen an increase in funding and a proposed new law would revise mine regulations, including safety. But only by ratifying and fully implementing Convention 176 will Chile be able to claim that it meets mineworker safety standards inherent to a world-class extractive resources nation. 
 
For further information: ICEM Information Officer Dick Blin, <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, or +41 22 304 1842.

Chile Needs More Progress to Eradicate Mine Safety Deficiencies

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The shocking Contract and Agency Labour (CAL) documentary on conditions facing exploited contract workers in the cement industry in India is now available in French. 
 
Watch the <a href="http://labouredu.blogspot.com/2011/04/salaries-temporaires.html">film</a> on the website of the Thai Labour Education Centre here.&nbsp; 
 
The international campaign, launched by the Building and Wood Workers&rsquo; Federation (BWI) and ICEM, for regularisation of CAL workers at Holcim&rsquo;s subsidiaries in India continues. Hundreds of trade union organisations around the world responded to the call for messages to be sent to Holcim&rsquo;s CEO, ahead of the multinational company&rsquo;s annual general meeting on 5 May. 
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On 1 May, an industrial strike was conducted in the industrial area of Bhilai in solidarity with the struggle of contract workers of ACC-Holcim, The following demands were put forward: 
 
&bull; No to Contract Labour 
&bull; The Right to Organize 
&bull; A Living Wage 
&bull; Safety at work 
&bull; 8- hour work day 
 
On 4 May, a cross-sectoral group of local and regional trade unions held a demonstration outside the corporate headquarters of Holcim India, in Churchgate, Mumbai. 
 
See the prior <a href="/en/21-Materials-glass-ceramics-cement/4404-Global-Campaign-Launched-for-Indian-Cement-Contract-Workers">ICEM report</a> here, and follow this link to write to Holcim&rsquo;s CEO Markus Akermann.&nbsp;

ICEM CAL Film on India’s Cement Workers, Now in French

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ICEM&rsquo;s affiliated trade union in Indonesia&rsquo;s pulp, paper, and packaging sector, Federasi Serikat Pulp dan Kertas (FSP2KI), conducted its Third Congress in Bandung, West Java, from 22-24 April. The union, with some 20 branches and 15,000 members, amended its structures at this Congress and made the decision to affiliate with Indonesia national labour centre KSPI, the Indonesian Trade Union Confederation. 
 
The Congress pledged to continue growing in the burgeoning Indonesian pulp and paper industry, and it resolved also to work to eliminate temporary or precarious labour in favour of full-time employment in the sector. 
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Re-elected President of FSP2KI was Irzan Zulpakar, while Etin Rodiana was re-elected General Secretary. Guests to the Congress included Somahsundram Bala of the Malaysian Pulp and Paper Products Manufacturing Employees Union (PPPMEU), Mikale Lilja of the Swedish Paperworkers&rsquo; Union, Pappers, and Bambang Surjono of Indonesian SPKEP-KSPI. 
 
FSP2KI holds membership among workforces of a number of companies, including Asia Pulp and Paper&rsquo;s (APP) PT Pinto Deli mills in Karawang, APP&rsquo;s Kiat tissue mill in Tangerang, West Java, Asia Pacific Resources International&rsquo;s (APRIL) PT Riau mills, the PT Lontar tissue mill in Jambi, Sumatra, and Japanese-based Marubeni&rsquo;s mill in Kab. Maura Enim, South Sumatra.

Indonesian Pulp, Paper Union, FSP2KI, Holds Congress

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ICEM&rsquo;s Asia Pacific Rubber Workers&rsquo; Unions held its second meeting on 22-23 April in Seoul, South Korea. The meeting was attended by 30 trade union representatives from Japan, Indonesia, India, Malaysia, Thailand, Vietnam, Nepal, Sri Lanka, China, and South Korea. 
 
Two affiliates of the ICEM, the Federation of Korean Chemical Workers&rsquo; Unions (FKCU) and Korean Chemical and Textile Workers&rsquo; Union (KCTF) hosted this meeting of the Network, supported by the German Friedrich-Ebert Foundation (FES). The meeting also welcomed the ICEM Secretariat and the Japanese Affiliates&rsquo; Federation (ICEM-JAF) to Seoul. 
 
&ldquo;Given the growing importance of the Asia Pacific region in the rubber industry, our network has a very crucial role in unifying the unions of the sector,&rdquo; said Toshiaki Hojo, President of Japanese Rubber Workers&rsquo; Confederation (GOMU RENGO), who chairs this Asia Pacific workers&rsquo; network. 
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&ldquo;The meeting coincided with a very critical time in South Korea because of modifications to South Korean labour code have potential dangers on rights and freedoms,&rdquo; said the FKCU Vice President Yoon Jinsoo. &ldquo;Mobilizations at Kumho Tire&rsquo;s two plants in South Korea gave us a burning need for solidarity in the rubber industry,&rdquo; added KCTF General Secretary Im Youngguk. 
 
The meeting also received a detailed report from ICEM-JAF General Secretary Yoshio Sato on the earthquake and tsunami in Japan. Sato thanked all ICEM affiliates who showed solidarity to Japanese unions by sending messages and donations. 
 
ICEM Chemical and Rubber Industry Officer Kemal &Ouml;zkan presented major developments and challenges in the global rubber industry and profiles on the multinational companies. The rubber industry did start to recover following the global financial crisis, but such recovery is no cause for celebration due to continued high unemployment and deteriorating pay and work conditions. 
 
Participants then gave country reports. According to the report of GOMU RENGO, the Japanese rubber industry suffered severely from the economic crisis and now from the accident, reflected by automobile production dropping by 600,000 units, which now is causing extreme after-shocks in the global supplier segments. 
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In Indonesia and Malaysia, performing union activities is difficult. Representatives of China&rsquo;s Chemical and Energy Workers&rsquo; Union reported that the union at Bridgestone successfully established a collective wage consultation system, in which in 2010 saw salaries increase by 16%. A Sri Lankan delegate spoke on organising against transnationals such as Trelleborg, Ansel, and Loadstar. 
 
The Thailand report included review and dissection of problems at Michelin, Goodyear, Sumitomo, and Yokohama companies. Vietnam is also attracting investment in the rubber industry. The country&rsquo;s national chemical company, Vinachem, operates five rubber factories, including two Vietnamese-Japanese joint ventures, Yokohama and Inoue. The Korean Metal Workers Union (KMWU) reported on its struggle with Kumho and thanked the ICEM for support. KMWU identified three areas of difficulty in Kumho in Korea, namely wage, bargaining, and disciplinary actions. 
 
The meeting also produced an extensive discussion on the rising trend of Contract and Agency Labour. It was agreed that the network should continue to handle precarious employment issue as one of its main working areas. 
 
Delegates broke into working groups according to their companies, with the Goodyear and Bridgestone working groups establishing details to continue further communications. Korean and Vietnamese participants agreed to closely cooperate on Kumho, since the Vietnamese operations are organized. 
 
The meeting also adopted two resolutions: one to <a href="/wp-content/migration/icem/1105.Resolution%20on%20Solidarity%20with%20Japan.pdf ">support Japanese workers</a> in the aftermath of the great natural accident and the second to <a href="/wp-content/migration/icem/Resolution%20on%20Keum%20Ho%20Tire.pdf ">support the KMWU in Korea on its struggle at Kumho</a>. Participants, most of whom are local level union representatives, collected symbolic donations for their Japanese sisters and brothers. 
 
The next meeting of ICEM&rsquo;s Asia Pacific Network is scheduled in 2013 in Malaysia.

ICEM Asia-Pacific Rubber Workers’ Network Held in Seoul Last Month

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The sixth meeting of the Mercosur Union Network of Belgian chemical and plastics producer Solvay met 18-21 April in Bahia Blanca, Argentina. The meeting saw 25 representatives from all plants of Solvay in Argentina and Brazil, as well as municipality authorities from Bahia Blanca and representatives of CUT Brazil. 
 
The meeting marked the first-ever meeting held in Argentina. This gave an opportunity for more Argentine workers to learn the goals, functions, and actions of the important regional network. Brazilian participants learned of some Argentina processes that do not exist in Brazil, and about union organizing and the collective bargaining process in Argentina. 
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The major issues discussed included health and safety, the ICEM&rsquo;s Global Framework Agreement (GFA) with Rhodia and the future of that GFA now that Solvay has initiated a friendly takeover of Rhodia, and the Horizon Plan, which was put in place by Solvay late last year and is to create 800 dismissals worldwide by the end of 2012. Mercosur network members requested ICEM&rsquo;s support in linking up with global trade unions and Solvay&rsquo;s European Works Council in order to soften the effects of this restructuring. 
 
As is regular custom from previous meetings, the participants were welcomed by local management of Solvay. The group after toured the production areas. The meeting was finalized with expectation of a renewed dialogue with the company.

Mercosur Region Meeting of Solvay Meets in Argentina

Special Newsletter: Developments in the Global Contract and Agency Labour Project

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Following an international solidarity campaign, Nike has agreed to pay US$1.5 million to a relief fund for the former employees of two of its Honduran suppliers, Hugger de Honduras and Vision Tex, which closed plants in the Central American country without notice and without paying workers any of the legally-mandated severance payments due them. 
 
Both factories closed in mid-January 2009, without severance payments to approximately 1,800 workers and estimated to total some US$2 million. In addition, Visions Tex failed to pay monies it had committed to paying in December 2008 following a strike, which included the legal entitlement to an annual bonus. The closure occurred just after the formation of a union at the factory. 
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The union representing the workers, the Central General de Trabajadores de Honduras (CGT), the Worker Rights Consortium and the Solidarity Center of the US will jointly oversee the administration of the fund. According to a joint press release by Nike and the CGT, workers will also receive a year&rsquo;s access to the health care system, training, and priority hiring. 
 
This groundbreaking agreement represents a significant step forward in the corporate social responsibility debate, with a major multinational company recognising that it must ensure decent working conditions, and the application of national legislation and international labour standards, for all those from whose labour it profits.

Nike Takes Responsibility for Employer’s Anti-Social Actions

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In February 2005, Mr. Choi, a worker at a subcontracting company of the Ulsan factory of the Hyundai Motors in South Korea, was dismissed for carrying out trade union activities. Mr. Choi had been employed by the subcontractor and stationed at the Ulsan factory since March 2002. 
 
When he was dismissed Mr. Choi, filed an application for remedy to the Labour Relations Commission (LRC) in an administrative lawsuit, claiming that it was an unfair dismissal and that Hyundai Motors, not the subcontracting company, was his real employer. 
 
On 22 July 2010, the Korean Supreme Court ruled that Mr. Choi was an illegal dispatch worker and determined that he, in fact, became a direct employee of Hyundai the day after working two consecutive years. 
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The High Court wrote, &ldquo;Mr. Choi was under the direct human resource (HR) management by the Hyundai Motors after being employed by one of its subcontracting companies. So, it will be assumed that he was a dispatch worker to the Hyundai Motors. Under the Act on the Protection of Dispatch Workers, etc. (Dispatch Worker Act), he should be regarded as a worker employed by the Hyundai Motors from the day after he has worked more than two consecutive years.&rdquo; 
 
Welcoming the groundbreaking ruling, the Korean Metal Workers&rsquo; Federation declared, &ldquo;The ruling puts a brake on discrimination and extortion by employers for non-regular workers. We will request all the employers hiring in-house subcontracted workers including the Hyundai Motors a special round of collective bargaining and also proceed with a series of class action lawsuits gathering dismissed workers, retirees, etc.&rdquo; 
 
The International Metalworkers Federation (IMF) covered this story on 29 July and it can be found <a href="http://www.imfmetal.org/index.cfm?id=622&amp;l=2&amp;cid=23679">here</a>.

Groundbreaking Korean High Court Rule Contract Worker is Worker of Primary Company

Bayo is the General Secretary of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).
How Prevalent is Contract and Agency Labour and Casualisation in Nigeria? 
 
CAL is increasing and alarmingly taking over Nigeria&rsquo;s Oil and Gas industries. It encompasses various dimensions of precarious work and the worst forms of employment. CAL gives room for unfair labour practices that are repugnant to decent work principles. About 60% of our workforce is now composed of contract and agency workers. Standard, permanent employment is declining. 
 
Is the Issue of Casualisation and Temporary Work Practices a Bigger Problem than it was Before? 
 
The issue is a bigger problem in the Nigeria Oil and Gas Sector now than it was before due to the fact that employers and the government&rsquo;s standpoint is that CAL is now a reality that cannot be wished away. This leaves trade unions with no other option than to tackle the adverse effects of CAL, which are: 
 
&bull; Use of this work practice to replace direct and permanent employment; 
&bull; To adversely change employment forms and conditions, to avoid social responsibilities and obligations which employers circumvent through gaps and inadequacies in our extant laws; 
&bull; To weaken trade union membership, solidarity and relevance, and to prevent union organising and recognition of the collective bargaining principle; 
&bull; It widens the exploitation gaps particularly by user enterprises who prefer to minimise cost and increase profit, at the expense and detriment of labour; 
&bull; It increases workplace discrimination and inequitable terms and conditions of employment; 
&bull; It seriously challenges trade union ability to protect job security; 
&bull; There are conflicts in the definition of employment relationships and the obligations of user enterprises, particularly where laws and employment regulatory agencies do not clarify these issues; 
&bull; And an underlying factor, casualisation and temporary work is a growing phenomenon due to the unemployment situation. Employers are exploiting workers&rsquo; desperation for a means of subsistence for their own profit mongering. 
 
 
What are Differences in Nigeria Regarding Working Conditions Between CAL Workers and Permanent Workers? 
 
Number one, casual and temporary workers are subjected to conditions that are not in accord with the general work conditions in the Oil and Gas Sector. Where CAL workers are lucky and are allowed to organise and bargain collectively, the mandate for negotiation of a collective bargaining agreement is seriously curtailed by the contracts between the contractors and agencies on the one side and by the primary enterprise on the other side. 
 
In addition, these workers are subject to limited or no provisions for basic welfare, pensions and social security, health, safety, security and environmental protection, and other stipulated core ILO conventions. And to cite just one small example, Global Framework Agreements that are signed with Global Union Federations, where functional, are not usually made available and applicable to contract and agency workers. 
 
Any set of negotiations in Nigeria that involves a collective agreement for these workers is prone to grievances, disputes, threats, resistance, and action from labour unions, contractors and agencies, and user enterprises. 
 
What are the Main Ways in which Trade Unions are Supporting Casual and Contract and Agency Labour Workers? 
 
It has become a priority to use union resources and machineries to mobilise support and confront the overall denial that contract and agency workers&rsquo; rights have not right to organise and bargain collectively. We are doing this through increases levels of sensitisation through mobilisations, campaigns, solidarity actions, protests, rallies, pickets, strikes, media work, mediation, conciliation, arbitration, and litigation. 
 
We now have the task of entrenching the more effective and protective organising and collective bargaining strategies for contract and agency workers, with financial and organisation support from our union&rsquo;s Union Solidarity Reserve fund, from organisations like the ICEM, Friedrich-Ebert Foundation of Germany, and the US Solidarity Center. 
 
We are constantly implementing union resolutions, directives, and decisions in the area of campaigns, lobbying, engagements, and advocacy for contract and agency workers&rsquo; issues. 
 
Which Ways Do You Feel the ICEM&rsquo;s Global Campaign on CAL can be Helpful and Most Effective in Confronting the Challenges of CAL in Nigeria&rsquo;s Oil and Gas Sector? 
 
The Global CAL Campaign of the ICEM must use donors&rsquo; resources and mechanisms to mobilise support and confront resistance to full rights of contract and agency workers to organise and bargain collectively. The ICEM must increase awareness of the CAL situation, by all possible means, and it must effectively implement the Campaign through communication, engagement and evaluation, and correcting deviations/gaps in the global campaign strategies. 
PENGASSAN&rsquo;s best hope is that the ICEM will carry out advocacy and lobbying for fair labour policies and laws which are favourable to contract and agency workers, as to campaign for best practices in dealing with employment and working conditions issues relating to this most serious issue.

Interview: Bayo Olowoshile, PENGASSAN General Secretary

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Last Spring, trade unions of the Netherlands and the Dutch Association of Temporary Work Agencies, Algemene Bond Uitzendondernemingen (ABU), agreed to an across-the-board 1% wage increase for all temporary workers in the country. 
 
An increase of 0.5% took effect on 5 July and a further 0.5% increase will be awarded on 3 January 2011. The 1% wage increase granted to the employees was based on the average of increases taken from a selection of 30 collective agreements in other sectors. 
<img alt="" src="" width="97" height="145" />
Marcel Nuyten, Director Temp Workers, FNV Bondgenoten
The agreement was reached between the ABU, the ICEM-affiliated FNV Bondgenoten and CNV Dienstenbond, the executives&rsquo; union, and LBV, an independent union. An agreement was also reached whereby wages may be increased every year on 1 July, amending the Collective Employment Agreement for Temporary Employees 2009 &ndash; 2014. 
 
The Collective Employment Agreement, which can be found <a href="http://www.abu.nl/abu2/?fileid=14231">here</a>, stipulates conditions which must apply to temporary agency workers, including the relationships between the worker, agency, and user enterprise; training entitlement; and the conditions under which temporary employment contracts may be terminated.

Dutch Unions Get Wage Increase with Employers’ Federation for Agency Workers

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