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The ICEM published another update of its PowerPoint presentation on &ldquo;Contract and Agency Labour and the ICEM CAL Campaign&rdquo;. 
 
This presentation contains not only a large number of statistics on contract and agency labour and other forms of precarious work - from all around the world - it also has a wide array of national and international &ldquo;best practice examples,&rdquo; highlighting, among other, what ICEM affiliated union are doing to counter the precarious work problem. 
 
The full-length English version of the <a href="/wp-content/migration/icem/11-11-03%20for%20the%20web-site%20CAL%20ICEM%20PPT.ppt">presentation</a> can be found - and downloaded - here.

Update of the ICEM CAL Facts and Figures Overview

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Which sectors in Sierra Leone are most affected by CAL? 
 
There are CAL workers in almost every area of work. In some sectors, this is just beginning but in others there are big numbers of CAL workers. 
During the three years of the Sub-Saharan Africa ICEM CAL Project, what have been your biggest achievements? 
 
We were able to coordinate a network to create a national committee to champion CAL workers. We have had some success where we brought the Ministry of Labour and the Commissioner of Labour to our discussions. 
 
When we first engaged with the Ministry of Labour we made an appointment to meet them in their offices. We explained why we were there, how best we could work with them. We invited them to seminars and workshops and they gave positive statements expressing desire that CAL is addressed at all levels. The difficulties seen by unions and civil society were presented to them in a report. 
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Ezekiel Dyke
We also tried to bring CAL into our negotiations to try to make them see that there&rsquo;s a need for CAL workers to be protected. We have been able to bring on board provisions relating to health and safety, medical treatment for CAL workers, and the maximum duration of fixed-term contracts after which workers must be given permanent status. 
 
In one or two mining companies, they do it anyway. We have achieved a level of sensitisation &ndash; workers themselves will come and say I&rsquo;m now working over six months, next month I should receive permanent status and be given benefits like every other worker. 
 
Currently, there&rsquo;s a review of the law. CAL is in the law but the law did not go too far. It has specific provisions on the length of contracts, health and safety provisions for CAL workers. Some of these are gazetted. 
 
What demands is your union prioritising with regard to CAL? 
 
Our demands are that we want significant improvement in the situation. We want CAL to be abolished completely. In the absence of our demand for abolishment, we want CAL workers to have similar benefits to permanent workers. Why not give them medical treatment? Their wages should be increased &ndash; the wages were US$1 to US$1.5 per day, some companies have increased it to US$2.50 per day. We hope to build on that because not all companies are paying CAL workers the higher wages. 
 
In the mining sector, the minimum wage for permanent workers is US$3-4 per day. That does not include overtime, rent, education allowance, and transport allowance in some cases. Altogether permanent mining workers receive US$120-150 a month minimum in general. In some companies. CAL workers get overtime and sometimes transport allowance. Also, there are provisions for medical treatment but that does not take into account the family, as it does for permanent workers. 
 
One company gave 200 workers permanent contracts as a result of our unions&rsquo; demands. We are conducting training for casual workers &ndash; you are engaged for three months, then given training and brought into permanent positions, for example a driver can be given skills to drive heavy machinery. This is happening in a number of companies carrying out training for locals. 
 
Your union has also made an effort to sensitise the public to the problems of CAL, how have you done this? 
 
In the seminars and workshops, we try to bring on board electronic media. We try to engage them on what we do. We have a radio program once a month roughly. We talk about CAL issues; we do it with our Labour Confederation because CAL is in all sectors and all areas. Don&rsquo;t forget people have died as a result of not having personal protective equipment. 
 
I was happy when I went to one mining company and I was approached by 20 women workers who said we are now due for permanent positions. Initially, all members of our union were permanent, now our strategy has changed &ndash; we must organise all workers and bring them on board, even though they may not initially pay dues. 
 
How is your union dealing with mining companies who exploit CAL workers? 
 
Mining companies said security had to be outsourced. When we tried to organise the workers they said the companies&rsquo; workers are not allowed to join a union. The union said they were already members [before they were outsourced]. They received US$200-300 a month before they were outsourced &ndash; then afterwards they received only half, they must pay for their own uniforms, they receive no medical treatment for their family, sometimes they get no transport allowance. We made representations to the Ministry of Labour. We helped the workers become members in secret. We had secret members&rsquo; meetings &ndash; they empowered us to seek a meeting with the Ministry of Labour. That case is going on now &ndash; 300 have filled out forms and next week we will have a meeting with the Ministry. 
 
Negotiating a collective bargaining agreement depends on the company. Some say as far as we are concerned, the CAL workers can sign work contracts or not. 
 
Soon, we will have final negotiations and the signing of a general national agreement for all mining companies in the country. One agreement is that if a worker has served three months and their contract is not renewed they are obliged to receive three months wages as a severance payment. 
 
How does the Sierra Leone National CAL Committee function? 
 
We came up with the idea for the committee at the 2010 CAL seminar. The object is to bring on board unions to assess the level of CAL in various sectors and to assess the conditions of service for CAL workers. We did a questionnaire to get this information. In 2011, the Committee was properly established. We meet regularly, about once a month. We look at what is happening in the different sectors on CAL and what we can do with companies refusing to give permanent status. One of the big challenges is resources; we think the government should assist in this. 
 
What are the biggest challenges with regard to CAL? 
 
Fear of joining a union is a challenge. Some (workers) are very positive, but some think if management knew they wanted to join, they would be terminated or dismissed, or subjected to threats and intimidation.

Interview with Ezekiel Dyke, General Secretary of the United Mineworkers&#039; Union, Sierra Leone

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To what extent is CAL an issue in Belarus? 
 
At the moment, there is no legislation on employment agencies &ndash; our agencies are only for matchmaking. 
 
Contract work came about a result of a Presidential Decree, which was issued in July 1999. The main purpose of the decree was to strengthen labour discipline &ndash; to use the additional contract benefits to single out the input of individual workers. The decree said it was imperative for employers to offer one to five additional holidays and salary rises of up to 50%. The law says the contract must be for a minimum of one year and a maximum of five years. 
 
However, if the employee wishes, the contract can be for less than one year. Trade unions initially opposed the decree and lobbied against it, but it took effect and the results were quite interesting; employees were standing in line to switch to (fixed term) contracts. Back then, many people saw the contract system as a benefit, they only thought of the advantages. Contracts eventually expired, some were not extended, and later people saw the disadvantages as well. At the moment, the percentage of contract workers is quite high. In the pharmaceutical and petrochemical industry, there are 94% contract workers 
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Svetlana Klochok
How is your union dealing with these disadvantages? 
 
As time moved on, there were additional legislative acts to change the contract system. Now after some years it transpired &ndash; through union efforts &ndash; that contracts must be evaluated by trade unions before they are signed. This is done to make sure that the union expert has the opportunity to compare the contract with the provisions in the collective agreement and with the labour law. In some industries, employers must extend contracts if no violations have been registered (by 3&ndash;5 years, if employees are highly skilled). 
 
We had to take some employers to court when they failed to renew the contracts. Trade union legal inspectors monitor contracts around the country on an annual basis. In terms of improvements, we have helped to achieve a raise of 30-50% for most people, newcomers have one year contracts, but those with experience have longer contracts. 
 
Our objective is to switch people to open ended employment. There is also a legal mismatch according to the new decree &ndash; the employer can switch any worker to an open-ended contract but there&rsquo;s nothing that says they can retain their wages. Mothers with children under the age of five are entitled to five-year contracts, or their contract must be renewed until their child reaches the age of five. 
 
What impact has privatisation had on the use of short term contracts? 
 
If a foreign firm operates here, they have to adhere to Belarusian labour law. But it is possible for them to sign one-year contracts, this is not illegal. The worst thing with private companies is the short term of their contracts. 
 
There are many mechanisms and avenues of influence that we are continuing to explore. There are new private companies where the salary is pretty good, but the employer doesn&rsquo;t want workers to join a union. 
 
Why is CAL a priority for your union? 
 
Trade union people must forecast the future and imagine what could happen here &ndash; we should forecast the blows of the future. 
 
How can the ICEM CAL project assist you in dealing with these issues? 
 
We need information we get at seminars like this, we need to know about the mechanisms unions elsewhere are using. We need arguments to contradict some of what we hear. 
 
We are grateful for the solidarity of the ICEM. In Belarus, we don&rsquo;t have agencies but the world may change and we have to be ready.

Interview with Svetlana Klochok, Chairperson, Belarusian Chemical, Miners and Oil Workers’ Union

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ICEM&rsquo;s two affiliated oil workers&rsquo; unions &ndash; the white-collar Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the National Union of Petroleum and Natural Gas Workers (NUPENG) &ndash; joined the call of Nigeria&rsquo;s two labour federations in a nationwide strike today over the government&rsquo;s sudden 1 January removal of consumer fuel subsidies. 
 
The indefinite strike by Nigerian workers in all sectors was authorized last week by the executive boards of both the Trade Union Congress (TUC) and the Nigeria Labour Congress (NLC). NUPENG&rsquo;s board approved today&rsquo;s walkout at a meeting of union leaders yesterday, while PENGASSAN&rsquo;s National Executive Council (NEC) gave strike approval on 5 January. 
 
In a statement issued after the NEC meeting in Lagos, PENGASSAN President Babatunde Ogun called government&rsquo;s fuel subsidy removal &ldquo;illegal, hasty, without consultation, and lacking of transparency.&rdquo; The union challenged the government of President Goodluck Jonathan to work on behalf of Nigerian people rather than for the International Monetary Fund and World Bank. 
<img alt="" src="" width="100" height="103" />&nbsp;&nbsp;&nbsp; <img alt="" src="" width="98" height="103" />
Both PENGASSAN and NUPENG called on the government to rescind the New Year&rsquo;s Day elimination, roll back fuel prices to 2011 levels, and then engage the unions of Nigeria in honest dialogue. 
 
The lifting of subsidies immediately shot fuel prices up as much as 225% one week ago. It also sparked a price rise in food and transport costs across Nigeria. Many human rights groups and civil liberty organizations began protests last week. Petrol filling stations in many states were blockaded and protests spilled into many roads across the country, blocking traffic. 
 
Even though Nigeria produces about 2.4 million barrels of crude oil, the government is forced to import roughly 70% of its gasoline supply because of inadequate and run down refineries. The country of 160 million people depends on only three operable refineries for retail consumption. 
 
Jonathan acted on the recommendation of the Petroleum Products Pricing Regulatory Agency (PPPRA), a body notorious for irregularities and one that has paid billions of naira to so-called &ldquo;brief-case companies&rdquo; and middle men in import subsidies. 
 
Nigeria&rsquo;s National Industrial Court ruled on 6 January that Labour&rsquo;s indefinite strike would be illegal but similarly to a mass national strike in 2003 when a previous government attempted to lift remove fuel subsidies, strikes across the country went ahead today and are expected to continue throughout the week.

Nigerian Oil Workers’ Unions Strike in Fuel Subsidy Removals

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The ICEM CAL Mini Guide to Dealing with CAL is available in English, French, Spanish, Portuguese, Hindi and Bahasa Indonesian. 
 
The guide gives an overview of what the ICEM and its affiliates around the world are doing to promote permanent, direct employment and at the same time to promote better conditions for CAL workers. It also suggests ways in which unions can build relations with CAL workers, for example by creating a dedicated precarious workers&rsquo; section or rep, or considering the introduction of different membership fee levels and/or an alternate method of dues collection. ICEM affiliates are encouraged to initiate a discussion on CAL within their own unions, and the Guide suggests a number of questions which may help to get these discussions started. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20HQ.pdf">CAL Mini Guide in English</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20French.pdf">CAL Mini Guide in French</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20Spanish%20HQP.pdf">CAL Mini Guide in Spanish</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20Portuguese.pdf">CAL Mini Guide in Portuguese</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20Hindi.pdf">CAL Mini Guide in Hindi</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20Bahasa.pdf">CAL Mini Guide in Bahasa Indonesian</a> is available here.

ICEM Mini Guide to Dealing with CAL Available in Multiple Languages

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From International Metalworkers&rsquo; Federation 
 
At the ILO Global Dialogue Forum on private employment agencies, unions put on record their experiences of employment through agencies being used to drive down wages and prevent agency workers from joining a union and bargaining collectively. 
 
On 18-19 October, representatives of governments, private employment agencies, and trade unions exchanged views on the role of agencies in promoting decent work. The discussions revealed that unions and agencies have completely different views on the impact of the growth of agency labour on employment. 
 
The agencies repeatedly insisted that agency work is decent work, that it creates jobs and that it is never used to undermine or replace open-ended, direct employment. All of these claims were rejected by trade union representatives, who presented a catalogue of situations from a variety of industries around the world that demonstrate that agency employment is being used to systematically replace permanent jobs, lower wages and work conditions and leaving workers with no social protections and no possibility of joining a union or bargaining collectively with their employer. 
 
Worker delegates insisted that triangular employment relationships by their very nature make collective bargaining virtually impossible. 
 
It rapidly became clear that the representatives of private employment agencies were using the meeting to seek legitimacy for their industry, to grow their markets and to be recognized as the sole counterpart for collective bargaining, at the exclusion of user enterprises. 
 
For their part, unions were seeking equal treatment for agency workers and restrictions on the circumstances under which agency employment is permissible, its duration and extent. Unions also wanted action to strengthen freedom of association and collective bargaining for agency workers which included user enterprises and unions representing workers in user enterprises. 
 
At the end of the meeting, a very limited number of potential consensus points were put forward for discussion, but finally the meeting ended with no conclusions when labour hire representatives showed that they are not ready to negotiate in order to reach agreement. 
 
Unions will continue to work within the framework of the ILO to ensure greater protection for agency workers and to limit the spread of agency work and triangular employment relationships.

ILO Meeting on Labour Agencies Exposes Abuses, No Consensus Reached

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

Flooding in Thailand has devastating impact on CAL workers

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An ICEM report has found that the rights of workers in the cement industries of the Philippines, Indonesia, Thailand, Malaysia and India are being routinely violated through the use of precarious forms of employment. 
 
In many of the plants covered by the research, Contract and Agency Labour (CAL) is being used to restrict or prevent workers from exercising their right to freedom of association. Lafarge in the Philippines, for example, has been using CAL workers to fill permanent positions ever since workers took part in industrial actions as far back as 2000. At one Lafarge plant in Indonesia, all permanent workers are union members, whereas none of the CAL workers are. In India, contract workers at Holcim were dismissed after they joined the union. To make it worse, the company started criminalising the union leaders. 
 
ILO Conventions 87 and 98 apply to all workers, as explicitly stated in the 350th report of the ILO Committee on Freedom of Association: &ldquo;The Committee emphasizes that all workers, without distinction whatsoever, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the right to establish and join organizations of their own choosing.&rdquo; 
<img alt="" src="" width="150" height="46" />&nbsp;&nbsp;&nbsp; <img alt="" src="" width="150" height="64" />
The report further specifies that the non-renewal of a contract for anti-union reasons constitutes a prejudicial act within the meaning of Article 1 of Convention 98. 
 
In all five countries covered by the research, CAL workers earn less than permanent workers &ndash; despite performing work of equal value &ndash; and are denied access to many of the benefits enjoyed by their permanent counterparts. 
 
In both the Philippines and Thailand, permanent workers are increasingly being used only in supervisory roles. This division of responsibilities highlights the fact that it is often contract and agency workers who are performing core labour tasks. 
 
CAL workers in many cement plants live with the burden of uncertainty. As one interviewee explained, he felt his job would continue only &ldquo;as long as I will cooperate.&rdquo; In the Philippines, some CAL workers reported that they do not even have written contracts. In many cases and countries, CAL workers are also not clear who is responsible for their welfare. In Thailand, agency workers are the most likely to suffer workplace accidents, yet in many plants they are denied the same health care benefits as permanent workers. 
 
The ICEM decries these exploitative practices, and demands that multinational cement companies such as Lafarge and Holcim that operate in Asia guarantee equal rights for CAL workers and take urgent steps to bring their practices in line with not only the various applicable national legislations, but also with all existing international labour standards - including ILO Conventions 87 and 98 and the Employment Relationship Recommendation 198. 
 
Cement companies must also act to ensure that they meet their obligations under the OECD Guidelines for MNEs and the United Nations Guiding Principles on Business and Human Rights. 
 
The <a href="http://cal.icem.org/images/documents/Cement%20Report.pdf">CAL Cement Report</a> is available here.

ICEM Report Exposes Asian Cement’s CAL Practices

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The International Metalworkers&rsquo; Federation (IMF) calls on affiliates for submissions to the Global Union Labour Film Shorts 2011, a one hour line-up of the best short films from around the world focused on unions fighting back against austerity cuts. The line-up will be released in June online and in DVD. Submission deadline is 1 April 2011. 
 
Over the last four years the Geneva Labour Film Shorts Festival has taken place in the centre of Geneva enabling unions and working people worldwide to share their stories. This year, in order to reach a wider international audience, the festival is refocusing to an on-line and DVD presentation that will be submitted to over 36 labour related film festivals around the world. 
<img src="" width="120" height="181" alt="" />
IMF's Cherisse Fredricks, Global Union Labour Film Shorts 2011 Coordinator
The one-hour DVD will focus on short films that are excellent examples of communicating labour stories and messages and the selection will include a range of different films from different parts of the world. The launch of the one-hour line-up will take place at the European Metalworkers' Federation (EMF) &ldquo;Unions in Motion&rdquo; film festival, coming up on 10-11 June at Landschaftspark Nord in Duisburg, Germany . 
 
Submission of films on all labour issues are encouraged, however this year the line-up will feature films that focus on unions fighting back against austerity cuts. 
 
To reach new audiences and promote the development of trade union films, the IMF in collaboration with the International Trade Union Confederation (ITUC) and all the Global Union Federations will together produce the Global Unions Labour Films Shorts 2011. 
 
Please send us copies of your films on DVD with a short paragraph describing the film, why it was produced and how it was used. The IMF will need unfettered rights to show the film and publish it online, of course with full acknowledgement of who created the material. Due to resource constraints for interpretation, the IMF is only able to accept films in English language or with English subtitles. Please send to: Cherisse Fredricks, IMF, Case Postale 1516, 1227 Geneva, Switzerland, e-mail <a href="mailto:cfredricks@imfmetal.org">cfredricks@imfmetal.org</a>.

from the International Metalworkers’ Federation

IMF Announces Call for Submissions to Labour Film Shorts

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The ICEM has joining with sister Global Union Federations, the International Transport Workers Federation (ITF) and the Building and Wood Workers International (BWI), in supporting the General Federation of Bahrain Trade Unions (GFBTU) in its pivotal role in the peaceful uprising in Bahrain. 
 
On Saturday, 19 February, the GFBTU called for a general strike in protest to the violent put-down of peaceful protests inside Manama's Pearl Square. The strike was called off when their demands were met, namely that tanks be withdrawn from the square and peaceful protests allowed to continue. 
 
The GFBTU joined a social alliance on 24 February, pushing the autocracy of King Hamad bin Isa al-Khalifa to place constitutional limits on the king&rsquo;s power. The alliance called for the immediate release of all political prisoners, for electoral reforms, and for an immediate investigation to find those guilty for the deaths of seven protestors when they were attacked by government forces. Some 308 political prisoners have been freed. 
<img alt="" src="" width="195" height="155" />
GFBTU General Secretary Salman Mahfoodh 
But the king refuses to meet other preconditions of dialogue with the opposition alliance, to dismiss his ministers, or to amend the constitution. 
 
GFBTU General Secretary Salman Mahfoodh warned last week, &quot;We also want the government to know that if the police force or army comes again to suppress the protest that we will strike. And we would also strike if we find that a political solution is not forthcoming or if sides aren't negotiating genuinely.&quot; 
 
Workers and trade unionists from numerous sectors announced their readiness to back a national strike. Many of those workers are now fighting against punishment over their involvement in the protests. Some have been threatened with job loss, while the majority face docked wages for the days out on strike or protest. The GFBTU is calling for absolutely no disciplinary action taken against workers using their right to protest. The federation contacted the Labour Ministry to inform them of this. 
 
The GFBTU is associated with close to 70 unions, representing more than 20,000 workers. 
 
Bahrain declares itself a constitutional monarchy, but the Parliament gives the royal family, which is Sunni, absolute authority in the Shiite majority nation.

Bahrain’s Trade Unions Key in Popular Uprising for Rights

Archive

Update of the ICEM CAL Facts and Figures Overview

Interview with Ezekiel Dyke, General Secretary of the United Mineworkers' Union, Sierra Leone

Interview with Svetlana Klochok, Chairperson, Belarusian Chemical, Miners and Oil Workers’ Union

Nigerian Oil Workers’ Unions Strike in Fuel Subsidy Removals

ICEM Mini Guide to Dealing with CAL Available in Multiple Languages

ILO Meeting on Labour Agencies Exposes Abuses, No Consensus Reached

Flooding in Thailand has devastating impact on CAL workers

ICEM Report Exposes Asian Cement’s CAL Practices

IMF Announces Call for Submissions to Labour Film Shorts

Bahrain’s Trade Unions Key in Popular Uprising for Rights

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