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	As the use of CAL continues to grow around the world more and more unions and their members are taking to the streets to protest against the degradation of employment relationships.

	An all-India general strike was held on 28th February which brought together workers from various sectors to oppose the neoliberal policies of Prime Minister Manmohan Singh&#039;s government. One key demand of the action was to ensure that contract workers are award the same rights and protections as permanent workers.

	The Indian Contract Labour (Regulation and Abolition) Act stipulates that contract workers who perform the same or similar work as permanent workers will be entitled to the same wages and conditions. Under this Act, contract labour ought not to be permitted for permanent or core functions.

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	However, as regularly reported by the ICEM, this Act is widely violated and contract workers in India habitually receive inferior terms and conditions of employment despite performing core tasks. On 12 January, the ICEM joined a complaint to the OECD submitted by its local affiliate Pragatisheel Cement Shramik Sangh (PCSS) regarding the illegal treatment of contract workers in India by the Swiss multinational cement company Holcim. Further information on the complaint is available <a href="/en/7-Asia-Pacific/4900-Holcim-s-Violations-in-India-Taken-to-OECD">here</a>.

Indian Workers Mobilise to Protest Against Neo-liberal Policies Including CAL

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	IndustriALL Global Union, which will be established in June 2012 and will bring together affiliates of the International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions (ICEM), the International Textile, Garment, Leather Workers&rsquo; Federation (ITGLWF), and the International Metalworkers&rsquo; Federation (IMF), will prioritise the fight against contract and agency labour, and other forms of precarious work.

	<img alt="" src="" style="width: 120px;height: 125px" width="390" />

	IndustriALL will build on the work which has been done through the ICEM&rsquo;s Contract and Agency Labour campaign, the IMF&rsquo;s &lsquo;Precarious Work Affects Us All&rsquo; campaign and the ITGLWF&rsquo;s work on insecure employment in countries such as Peru, Cambodia, India and Turkey.

	The campaign against precarious work will be launched by IndustriALL at its founding congress in June, and the new Global Union will call on all affiliates to mobilise around this issue on the World Day for Decent Work on 7thOctober.

IndustriALL to Prioritise Fight Against Precarious Work

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	The ICEM&rsquo;s Contract and Agency Labour (CAL) project publishes a quarterly newsletter intended to bring the latest news, developments, and trade union initiatives against the growing use of precarious work.

CAL Newsletter March 2012

General Prosecutor of the Republic of Kazakhstan 
 
Dear Sirs Manfred Warda and Jyrki Raina, 
 
General Prosecutor of the Republic of Kazakhstan considered your appeal regarding strikes of oil and gas companies in Mangistau region. 
 
We draw your attention to the fact that from the very beginning and to the end of the strikes to all participating parties guaranteed rights to freedom of expression, realization of peaceful assemblies, protection of their rights and freedoms, including the courts, have been granted by the Constitution of the Republic of Kazakhstan 
 
The strikers' demands for better working conditions and increased wages with raising coefficients, which, in their opinion, were not taken into account, were the subject of proceedings in court and have been carefully, thoroughly, objectively and impartially investigated by a court with the participation of all stakeholders in the review of claim requirements of the employers to recognize strikes illegal. 
 
Court ensured full competition and equality of parties, right of the strikers (respondent) to be protected, independent election and protection of their position, qualified legal counsel, right to present evidence and participate in their study, to apply with requests and to give verbal and written explanations to the court. 
 
Upon review of the case the strikes at JSC &laquo;Ersay Caspian Contractor&raquo; (court decision of 05.18.2011), a joint-stock company &laquo;Karazhanbasmunay&raquo; (court decision of 20.05.2011), a joint-stock company &laquo;Ozenmunaygas&raquo; (court decision of 05.27.2011) and LLP &quot;Zhondeu &raquo; (court decision of 06.01.2011) have been recognized by the court illegal. 
 
Despite this, the government together with the TU representatives of the companies repeatedly, practically every day, before and after the recognition of the strikes illegal by the court, conducted outreach with the strikers on the unreasonableness of their demands. Their attention was drawn to the fact that in 2009, 2010 and 2011 the salary of the workers in these enterprises increased three times. During this period, their average salary has increased by 100 thousand tenge (or 690 U.S. dollars) and became 340 000 tenge (or 2300 U.S. dollars), which is today one of the highest in Kazakhstan. 
 
As a result of the above outreach large number of strikers returned to their jobs. 
 
Please also be advised that having sufficient legal grounds for dismissal, employment remained even for the organizers and active participants in the strike. The dismissal of some of them took place only after all measures on their return to work have been taken. 
 
Currently, the strike at these companies ceased. 
 
As part of the prosecution of A. Sokolova (Article 164, part 3, art. 334, part 2 of the Criminal Code of the Republic of Kazakhstan), K. Sisenbaev and A. Aminov (Art. 334, part 2 of the Criminal Code of the Republic of Kazakhstan), which were the main organizers of illegal strikes, we state that such persons are granted by the court with all procedural rights provided by law for the protection of the criminal process. 
 
The sentences in respect of such persons entered into force. K. Sisenbaev and A. Aminov fully acknowledged their guilt, and they didn&rsquo;t appeal against sentence in superior court. 
 
In addition, I draw your attention to the fact that the arguments about the frequent beatings and threats against the oil workers and their families were not confirmed. No appeals on such cases to the police of Mangistau region have been reported. 
 
The police of Mangistau region filed a suit on the facts of the murder of J. Turbaev and J. Karabalaeva under Art. 96 of the Criminal Code, under which appointed the judicial examination, interviewed relatives of the victims, residents and employees of nearby objects to the scene. Some other investigative actions aimed at the disclosure are carried out. 
 
The investigation of criminal cases is taken under control of the Prosecutor General&rsquo;s Office. 
 
Deputy Director-General 
Prosecutor of the Republic of Kazakhstan A. Kravchenko

Response to ICEM-IMF letter to Kazakhstan Government on Oilworker Strike

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A three-week strike by 4,000 members of the National Union of Metalworkers of South Africa (NUMSA) spilled into the streets of Johannesburg on 15 November, with workers employed at Xstrata&rsquo;s Boshoek and Wonderkop ferrochrome smelters near Rustenburg took a protest to the Swiss company&rsquo;s Alloys headquarters. NUMSA members presented a petition to company managers demanding wage parity with workers employed at the Xstrata Lion ferrochrome smelter in Tubatse, Mpumalanga province. 
 
Both operations are undergoing big expansions. Xstrata owns 79.5% of the ferrochrome complexes in South Africa, while publicly-listed Merafe Resources holds a 20.5% stake. Both companies also mine chrome in South Africa. 
 
The strike by NUMSA in the North-West province began on 24 October after conciliation efforts by the country&rsquo;s Commission for Conciliation, Mediation, and Arbitration (CCMA) failed. NUMSA and Xstrata Alloys met two days earlier, but a revised pay offer by the company fell short and workers rejected it. 
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NUMSA President Cedric Gina (rear) gets Xstrata's Edwin Hlatshwayo Sign Receipt of Petition
NUMSA is seeking an immediate 10% pay increase for Boshoek and Wonderkop metalworkers and a reduction of job grading systems from eight to five. That would close the wage gap with workers at the Lion smelter and equalize the grading system. Currently, Boshoek and Wonderkop workers earn 14 to 39% less than at Lion, depending on pay grades. 
 
NUMSA is also seeking a housing allowance of R3,500. 
 
The petition handed to Xstrata Alloys management last week states: &ldquo;(The company) has angered workers and instead of focusing on negotiations, they have decided to apply cheap apartheid-era tactics of bashing members through police intimidation of the strike. NUMSA is very angry that workers who went on a legal and protected strike have been treated like common criminals.&rdquo; 
 
NUMSA President Cedric Gina and Congress of South African Trade Unions (COSATU) Second Deputy Vice President Zingiswi Losi led the march and handover of the petition. The petition asks the company to respond within 48 hours. 
 
Xstrata is world&rsquo;s largest producer of metal alloys, which besides ferrochrome includes vanadium and platinum, and accounts for one-third of total global production. The Boshoek smelter is currently seeing an expansion that will lift production to 240,000-tonnes-per-year by the end of next year. A second smelter, meanwhile, is now being constructed at the Lion operation that will see production double from the current 360,000 tonnes when it goes on line in the first half of 2013. 
 
The Xstrata-Merafe joint venture in South Africa will then yield 2.3 million tonnes yearly of ferrochrome, which is used in stainless steel production.

NUMSA Takes Xstrata Ferrochrome Smelter Strike to Streets of Johannesburg

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From the IMF website
ICEM, IMF and ITGLWF will hold the joint event &ldquo;Cutting emissions - transforming jobs&rdquo; at the UN climate change conference in Durban (COP17) to discuss a sustainable foundation for Just Transition and develop a common industrial strategy for the future of industrial workers. 
 
GLOBAL: The 17th conference of the parties (COP17) to the UN framework convention on climate change will be held in Durban, South Africa, from November 28 to December 9, 2011. The international trade union movement led by ITUC will urge the governments to agree on a legally-binding climate regime and a concrete climate finance scheme, including provisions for a Just Transition. 
 
To support ITUC's contribution, ICEM, IMF and ITGLWF will hold a joint event, &quot;Cutting Emissions - Transforming Jobs&quot; on November 30 at 14.30-16.00 in the COP17 World of Work Pavilion, at the Civil Society Space - University of KwaZulu, Howard College Campus, King George Av., Berea, Durban. 
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The event will promote a common industrial workers' position to ensure the &quot;greening&quot; of existing jobs, the creation of new, sustainable jobs, and a Just Transition, with concrete policies for green technology innovation and a sustainability fund securing the future for both today's and tomorrow's workers. 
 
The discussions will focus on: 
 
&bull;Post Kyoto framework: Could a second commitment period of the Kyoto Protocol be a solution to avoid a gap in emission reduction commitments and to re-build the legally-binding framework covering all countries in the future negotiation process? 
&bull;Building a Foundation-Climate Finance: How should the funding be designed/realized to achieve sustainable jobs and a Just Transition? What are the components of a strong financing scheme e.g. mandatory contributions from governments, the Financial Transaction Tax (FTT), levy on maritime transportation &amp; aviation, or? 
&bull;Just Transition: What kinds of programme are needed for industrial workers who are most dramatically affected by the climate change issues? How can both today's and tomorrow's workers benefit from the transformation to a sustainable economy? What support will be needed? 
&bull;Developing Industrial Strategy: Industrial strategies which aim towards sustainable production, the transformation and enhancement of existing jobs, and the creation of new, greener jobs are needed at local, national, regional and international levels. How could developed and developing countries be engaged to harmonize/develop respective industrial policies. 
&bull;Union&rsquo;s role for the future: How should unions get involved to transform industry and create new, greener jobs be designed and implemented with the full participation? 
 
For more information on the ICEM, IMF and ITGLWF event, contact Brian Kohler, ICEM Health, Safety and Sustainability officer (<a href="mailto:Brian.Kohler@icem.org">Brian.Kohler@icem.org</a>) or Kan Matsuzaki, IMF Director of Shipbuilding-shipbreaking, Non-Manual Workers and climate change (<a href="mailto:kmatsuzaki@imfmetal.org">kmatsuzaki@imfmetal.org</a>). 
 
See also ITUC's contribution to COP17 at <a href="http://www.ituc-csi.org/IMG/pdf/ituc_durbancontribution.pdf">http://www.ituc-csi.org/IMG/pdf/ituc_durbancontribution.pdf</a>. 
 
More information on COP17 WoW will be posted at 
ITUC: <a href="http://www.ituc-csi.org/climate-change-and-green-economy.html">http://www.ituc-csi.org/climate-change-and-green-economy.html</a>.

Industrial strategy on climate change to be discussed

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The threat of a walkout last week by union members of the Canadian Auto Workers (CAW) served to force German tyre and auto-parts manufacturer Continental AG to back away from a concession-ridden labour contract at a research and development center in Chatham, Ontario. 
 
Members of CAW Local 35 voted by 83% for a three-year renewal agreement at strike deadline 15 November in an accord that preserved full rights for new hires, including inclusion in a defined benefit pension plan, all other post-retirement benefits, and the same level of work benefits as existing staff. 
<img alt="" src="" width="150" height="75" />
The CAW branch union also won annual wage increases totaling over 9% for the three years, improved retirement incentives, and a signing bonus. The union represents 37 highly skilled workers employed at a research and development for engine management systems. 
 
&ldquo;We fought hard to preserve the rights of new hires and to prevent the creation of two tiers of workers in this workplace,&rdquo; said CAW National Representative Richard Laverty. &ldquo;This small group of workers stood together and pushed back numerous concession demands from this profitable and huge multinational corporation.&rdquo; 
 
The union agreed to take contract concessions in 2008 during the onset of the financial crisis and subsequent collapse of North American manufacturing segments. This came a year after Continental bought this and other automotive parts operations from Siemens VDO. Then, the Chatham plant made parts for emission control systems but with the sale to Continental, the German company cut the workforce and turned the operation into a R&amp;D centre.

CAW Preserves Benefits for New Hires at Continental AG in Canada

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The PT Freeport Indonesia Workers&rsquo; Union of the Chemical, Energy, Mine Workers Union (CEMWU), or SP KEP SPSI, resumed wage negotiations this morning with Freeport-McMoRan&rsquo;s Indonesian subsidiary tomorrow in hopes of getting the 93% owner of the world&rsquo;s largest recoverable gold and copper deposits to increase its pay offer. 
 
A strike that has crippled all production at the 175,000-ton-per-day mine is now in its ninth week. 
 
From 14-18 November, the union covering 10,000 miners at US-based Freeport-McMoRan&rsquo;s Grasberg mining complex in Papua province did engage in give-and-take negotiations and although some progress was made on wage differences, the two sides remain far apart. 
 
Earlier, the union had given PT Freeport Indonesia, the Indonesian government, and local government leaders official notification that the strike would be extended another 30 days to 15 December. The ICEM, which has been directly involved in the dispute, responded to the extension by putting a call out to trade unions to assist the union in feeding striking families. 
<img alt="" src="" width="288" height="160" />
That call can be found in this <a href="/wp-content/migration/icem/134.ICEM.Indonesia%20Mine%20Request.10November.pdf ">10 November ICEM letter</a> and trade unions and others are encouraged to send contributions to the union&rsquo;s official name in Papua province, the SPSI Freeport Indonesia Dana Perjuangan, at the bank numbers listed in this letter. 
 
The union has been feeding 10,000 workers and their families from five open-air kitchens in southern Papua province near the port city of Timika. The ICEM was informed by the branch&rsquo;s parent union in Jakarta, as well as by ICEM Indonesian Affiliates&rsquo; Chairman D. Patombong Sjaiful, that food staples are running low and a Solidarity Fund is short of money. Several ICEM affiliates immediately responded to the call, and more financial assistance is needed now. 
 
The union and management also met two weeks ago for four days, from 7-10 November, with management increasing its two-year wage offer to 35% from 30%. The company is offering 24% in 2011 and 11% next year. 
<img alt="" src="" width="170" height="78" />
Prior to the start of the 15 September strike, Grasberg miners earned a wage of between US$2.13 per hour and US$3.54. The union recently lowered its demands from US$7.50 to US$4 for lower-paid workers in 2011-2012, and proposed a US$3.50 wage increase on 1 October 2012. 
 
There are also a number of other issues still in dispute, including a metal bonus, a production bonus, and housing, education and vacation benefits. The major difference in all these issues is the company&rsquo;s insistence that they be based on variable costs, while the union wants them set at fixed costs. 
 
The PT Freeport Indonesia Workers&rsquo; Union continues to enforce a road blockade at Mile 28 that has hampered Freeport-McMoRan&rsquo;s ability to produce and caused the company to declare force majeure on 22 October. A ruptured set of pipelines that carry gold and copper concentrate 114 kilometres from Grasberg to Timika, again site of this week bargaining, is now being repaired, with the company using helicopters to ferry construction crews and materials to the damaged portions of the lines. 
 
In late October and early November, police threatened to break the blockade with force. But that threat &ndash; which was certain to have been met by resistance and bloodshed &ndash; is no longer there and police are no longer present at Mile 28. But rather, strikers and their families are forced onto reduced food rations as union funds have dried up. 
 
The ICEM continues to advocate for the union&rsquo;s wage and other demands to be met. Miners work 12-hour shifts some 4,200 metres high in the Sudirman Range and most spend another four unpaid hours each day getting to and from the Grasberg site via buses. Workers of the PT Freeport Indonesia Workers&rsquo; Union also undergo an excruciating roster schedule in which they work five days on, two days off, followed by six days of work and one day off, and then four days on, three days off.

Indonesian Miners Resume Talks Again Today with Freeport-McMoRan

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ICEM and National Union of Mineworkers (NUM) President Senzeni Zokwana said the drive for profit by mining companies operating in South Africa was undercutting safety, and corporate executives must prioritize their values in order to save lives. 
 
Zokwana was speaking last week at the Mine Heath and Safety Council Summit, a tripartite forum set up in 2008 to address the mounting deaths and diseases inside South Africa&rsquo;s mining industry. And despite the conference&rsquo;s theme, &ldquo;Zero Harm,&rdquo; it was obvious from the facts, figures and rhetoric presented at the conference that South Africa&rsquo;s mine safety culture is nowhere near zero levels. 
 
&ldquo;The continuation of people dying in the industry is unacceptable,&rdquo; said Zokwana. &ldquo;Unless the CEOs take (the deaths and injuries) as seriously as they do to meet financial targets, we&rsquo;ll always have problems.&rdquo;
<img alt="" src="" width="140" height="144" />
Zokwana also addressed the NUM&rsquo;s habit of taking a day of mourning at a mine site when a fatality occurs. &ldquo;Some companies view the mourning of death by their employers as a strike. But we need a more caring industry,&rdquo; he said. 
 
Zokwana was one of a handful of trade union leaders and government officials who called production bonuses rather than higher monthly salaries as a leading cause of safety lapses. The Minister of Mineral Resources, Susan Shabangu, said there were &ldquo;unintended consequences created by the current bonus incentive scheme. It is time that this industry stops mindless risk-taking. I challenge the employer and employee to really address this matter because it does contribute to fatalities.&rdquo; 
 
Shabangu was also critical of industry for its profit-making, while ignoring the inherent danger of South African mining where mines are some of the deepest in the world and where rock slides &ndash;particularly in gold and platinum extraction &ndash; account for 40% of all fatalities. 
<img alt="" src="" width="140" height="84" />
&ldquo;I do not understand how mining companies that make billions in profit fail even to buy the latest available and proven ground monitoring and detection equipment,&rdquo; she said. &ldquo;These can cut down the number of potential fatalities considering the fact that the equipment is widely available and has been used by the civil engineering industry for a number of years.&rdquo; 
 
Shabangu promised that her ministry would increase the number of safety audits through the rest of 2011 and into 2012, and stern action would be taken against companies that do not comply with established standards. The safety council summit, a by-product of the Mine Health and Safety Council that was a statutory requirement from South Africa&rsquo;s 1996 Mine Health and Safety Act, was held on 17-18 November at Kempton Park outside of Johannesburg. 
 
Through the first ten months of 2011, 116 registered mine fatalities have occurred in the South African industry. That compares with 168 official deaths in 2009 and 127 in 2010, but the unofficial rate is certain to be much higher. 
 
In the days just preceding the summit, four miners were killed in industrial accidents: an engineering contract worker at Eastern Platinum&rsquo;s Crocodile River mine near Brits in North West Province; a Harmony Gold employee at the Kusasaletha mine near Carltonville, western Gauteng province; a miner employed by First Uranium at the Ezulwini mine in Westonaria, Gauteng province; and a miner working at the Consolidated Murchison gold mine near Gravelotte, Limpopo province.

Senzeni Zokwana Calls Out Bosses on South African Mine Safety

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A dramatic month-long occupation of an M-real paper mill in Alizay, France, ended on 18 November after trade unions CGT-Filpac and CFE-CGC signed an agreement with the Finnish company to end the blockade and release stockpiled printing papers. The strike began on 19 October after M-real dropped plans to sell the mill to one of two remaining buyers, and announced redundancies for 330 French paperworkers. (See <a href="/en/78-ICEM-InBrief/4726-French-Paperworkers-Continue-Protest-Today-to-Keep-M-real-Mill-Operating">ICEM report</a> of 24 October.) 
 
The workers voted in front of plant gates at the Haute-Normandie mill by 95% on 15 November to stop the occupation and leaders of the two unions signed an agreement with M-real on 17 November that provides a temporary reprieve to the plant closure, plus financial and other considerations. 
 
Workers receive a &euro;3,000 bonus for ending the occupation, &euro;1,500 immediately and the remainder in January. M-real commits to running the 230,000-tonne-per-year mill until 7 March 2012 and pledges not to remove equipment or machinery prior. In addition, workers will be paid their salaries during the 30-day strike. 
<img alt="" src="" width="140" height="136" />
The negotiated agreement and ending of the occupation came just before French police were to move in and force opening of warehoused paper. The plant closing standoff reached the highest levels of French government, after the unions petitioned the state to expropriate the paper mill assets, and spilled into European Parliament meetings in Strasbourg, France, last week, when French political leaders met with Finnish parliamentarians to complain of intransigence by M-real and its 40% owner, Mets&auml;liitto, a forest products company based in Finland. 
 
&ldquo;No one should believe that we capitulated,&rdquo; stated CGT-Filpac plant delegate Thierry Philippot. &ldquo;We will continue to make sure that this company pays for the moral and physical suffering of workers.&rdquo; Workers filed harassment complaints with French authorities over the psychological effects of M-real changing its plans. 
 
M-real announced on 4 May a major restructuring to exit office and printing paper manufacturing and focus instead on paperboard used for packaging. It meant putting two fine paper mills up for sale, the Alizay mill near Pont-de-l&rsquo;Arche and the Gohrsm&uuml;hle mill in Germany, as well as discontinuing carbon paper production at the Reflex mill in Germany. 
 
After paring a potential 65 bidders for Alizay down to two, M-real last month stopped negotiations with a Thai paper company and a French-based equity company and said it would shutter the mill. 
 
That set off the anger of French paperworkers of CGT-Filpac and CFE-CGC and the occupation began, which included placement of large vehicles in front of plant gates that were locked with heavy chains. The unions also brought the case into a French district court in Evreux over failure by M-real to provide the necessary documents on a possible sale. Statutory consultations over the plant closure did start on 8 November but were quickly suspended due to high tensions, and those talks must begin again separate of last week&rsquo;s protocol agreement to end the occupation.

French Paperworkers End Mill Occupation in Deal with M-real

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