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The result of long-running consultations with trade unions, the OECD Guidelines for Multinational Enterprises have been updated and improved, representing a positive opportunity to force global capital to respect workers. Stronger clarification that companies&rsquo; must ensure compliance throughout supply chains is a significant improvement, as is a new chapter on human rights which requires multinational companies to respect human rights of all workers, in line with the Guiding Principles for Implementing the UN Framework, Protect, Respect, Remedy. 
 
The OECD Guidelines for Multinational Enterprises are a strong international instrument for promoting corporate social responsibility. In practice, however, their implementation has encountered limits. In this regard, the Update will create a number of improvements in the Procedural Guidance including provisions for: indicative timescales for the completion of cases; and stronger cooperation between home and host country NCPs (National Contact Points). 
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The new developments to the text must now be effectively implemented and respected by national governments. 
 
Other important advances include language on outsourced and temporary work, providing a tool for problematic precarious work to be addressed; and provisions for workers to receive a decent wage or &ldquo;at least adequate to satisfy the basic needs of the workers and their families&rdquo;. 
 
The updated Guidelines will be adopted at the OECD Ministerial Council Meeting on Wednesday 25 May, and will be immediately in effect. 
 
The ICEM participated in dialogue over the past year with OECD governments. Centrally important in those consultations was TUAC (Trade Union Advisory Committee to the OECD), with the ITUC, GUFs, BIAC (Business Forum), and OECD Watch also partners. There remains more room for improvement of the Guidelines, and dialogue will be ongoing. 
 
The OECD Guidelines hold the potential to promote corporate social and environmental responsibility worldwide and to make an effective contribution to sustainable development and to the social dimension of globalisation. Potential is increased through this update.

OECD Guidelines Improved

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Better than 99% of 2,400 Greek oil refinery workers ended a four-day strike at three oil refineries this morning, 23 May, sending a strong message that they will not become economic scapegoats inside Greece&rsquo;s financial crisis. It was the second major strike in six weeks against Greek industrial giant Hellenic Petroleum by ICEM affiliate Pan-Hellenic Federation of Employees in Petroleum Products, Refineries, and the Chemical Industry (POEPDHV), and its courageous branch union, the Pan-Hellenic Union of Employees in Hellenic Petroleum. 
 
Following a 17-day legal strike from 3-19 April (see <a href="/en/78-ICEM-InBrief/4368-Greek-Petrochemical-Union-Extends-Refinery-Strikes-until-19-April">ICEM report</a> here), the union was prepared for further industrial action on 6 May. But Hellenic Petroleum gained a court order blocking the strike, something that failed in April. Last week, the company did not seek court action, perhaps speculating that large numbers of oil workers at Aspropyrgos, Thessaloniki, and Elefsina refineries would not honour the strike. 
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19 May: Aspropyrgos Refinery
If so, Hellenic Petroleum guessed wrong. But why would it expect any differently when the company is out to slash salaries by 20-25%? Or different by the way the company disrespects staff by engaging in a public campaign declaring unionised oil workers are overpaid with too many perks? 
 
Besides the steep wage cuts, Hellenic is seeking to abolish a skills recognition or experience value system reached by continuous employment progressions, and an increase in the work-week from the present 38 hours. The company, 35% owned by the Greek state, posted &euro;208 million in net profit in 2010 and is on target for surpassing that in 2011. 
 
At a press conference on 19 May, the start of this latest strike, union leaders and branch union militants expressed anger that oil workers were being painted the scapegoats. &ldquo;It is not our salaries that are to blame for the crisis and this is the message voiced by today&rsquo;s strike turnout,&rdquo; POEPDHV President Nikos Orfanes. 
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Panagiotis Ofthalmidis, Nikos Orfanes
Panagiotis Ofthalmidis, chairman of the branch union, Pan-Hellenic Union of Employees in Hellenic Petroleum, is also on the company&rsquo;s board of directors representing workers. He told the press briefing that the company has &ldquo;devalued workers through the media&rdquo; and asked: &ldquo;If they cut our salaries where will the savings go? Will it go to social causes? Or will it go in the pockets of shareholders.&rdquo; 
 
The ICEM and the European Mine, Chemical, and Energy Federation (EMCEF) lent the Greek unions support at the press conference in refuting the company&rsquo;s claims that Greek oil workers are the highest paid in Europe. 
 
This past weekend&rsquo;s strike&nbsp;resulted in resumption in bi-lateral talks that will take place next week. The union is seeking only inflation level increases, but also is demanding full staffing (250 jobs) next year at new refining units coming on line at the Elfinsa refinery. The union and Hellenic are five months into a six-month dispute resolution process under Greek labour law. It runs until late June, at which time the contract is terminated. Due to the stalemate and entrenched positions of senior Hellenic management, the union had engaged in 24-hour strikes throughout March. 
 
Late last year, the two sides agreed to a set of social obligations related to impending industrial activity, as required under Greek law. It includes safety maintenance during strikes, ordering shutdowns and start-ups of equipment for operational integrity, and minimal levels of production for emergency public services.

Greek Petro Workers Take Stand in Crisis ‘Blame Game’

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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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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

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. 
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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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Two sharp-edged coal disputes in Queensland and New South Wales are concluding, with branches of ICEM Australian affiliate Construction, Forestry, Mining, and Energy Union (CFMEU) gaining the best possible terms for some combined 570 mineworkers. 
 
In northern Queensland, 233 miners employed by mining contractor Theiss of Leighton Holdings at the Collinsville mine reached terms within an enterprise agreement with Theiss in early September that provides them wage increases, improved housing allowances, and job security. 
 
The two-year-long dispute erupted late in July 2010 when miners launched a continuous strike. The 16-day strike was heroically marked by miners, spouses, and partners blocking tracks and turning back trains loaded with coal. The Collinsville mine is majority-held by Xstrata but Theiss and Leighton, a subsidiary of German construction giant Hochtief, operate the mine exclusively.
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CFMEU Members at the Tahmoor Mine&nbsp;
The other long dispute coming to conclusion is with Swiss-based Xstrata at the Tahmoor mine in New South Wales. Some 240 miners likely will vote approvingly for the company&rsquo;s last offer this week. If approved, the CFMEU will retain enterprise labour agreements under Fair Work Australia, something that Xstrata was resisting in attempting to roll back union-protected work rules to the days of former Tory Prime Minister John Howard. 
 
The 22-month dispute at Tahmoor was marked by lockouts and strikes, the latest a 19-day lockout that ended 7 September. During that lockout, a Fair Work Australia judge turned back Xstrata Coal&rsquo;s application to scrub the enterprise agreements at Tahmoor, basically stating that CFMEU had the legitimate workplace right to protect job security. 
 
Xstrata was seeking broad flexibility over workplace policies and procedures, without union involvement, while the union sought assurances against job replacements by contractors and greater roles in rosters and other on-the-job work rules.

Coal Strikes in Australia Wrapping to Conclusions

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