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On 28 May, 2008, Peru&rsquo;s National Assembly passed an outsourcing law, giving full labour rights to contract workers. On 23 June, President Alan Garc&iacute;a signed the measure into law three days before the bill was set to expire. 
 
There was considerable pressure by employers&rsquo; groups to scuttle the bill for fear it would restrict labour market flexibility.
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The new outsourcing law will affect 400,000 contract workers, according to the General Confederation of Peruvian Workers (CGTP), one of Peru&rsquo;s major national labour centres. 

Foremost, the law closes down outsourcing &ldquo;front companies,&rdquo; which some companies had used to avoid their responsibilities to workers. The new law also holds companies accountable for social security and other benefit payments for one year following the expiration of the outsourcing contracts. 
 
The law sets stricter conditions for registering outsourcing companies, which will now have to have more than one client, and establishes a register of businesses using outsourcing companies, so that the Labour Ministry can monitor and inspect them.
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The government&rsquo;s support of the new law reveals that it is no longer willing to turn a blind eye to the mining industry boom caused by soaring mineral prices, resulting in windfall corporate profits. 
 
The new contract labour law was passed primarily due to pressure from the ICEM&rsquo;s Peruvian mining union affiliate, FNTMMSP. The ICEM commends the Peruvian union for its diligent work, particularly on behalf of the 85,000 contract workers who work in the country&rsquo;s important mining industry.

Peru Enacts New Contract Labour Law Assuring Rights

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What is your experience with contract and agency labour in Denmark? 
 
Firstly, the Danish Trade Unions are organised by trade. This means, for example, that you can have five different trade unions representing the employees in a power plant. The Danish Union of Electricians organises all skilled electrical workers in Denmark. We have collective agreements with most companies in the country, with some dating back to early in the 20th century. 
 
Secondly, contract and agency work is still a growing phenomenon in Denmark. Our union has three strategies for dealing with the issue. First of all, we try to agree on equal rights and equal pay for agency workers in the collective agreements. Already 10 or 15 years ago, we agreed on an appendix in the largest collective agreement between Danish Industries (DI) and CO-Industry, covering 9 unions, with regard to agency workers that are employed in blue-collar jobs. Through this appendix, agency workers in power plants receive the same rights and benefits as their permanent colleagues from day one. 
 
This appended agreement, unfortunately, only covers the blue-collar workers, not white- collar, or professional or technical workers. This is something we are still fighting for, and we hope that the new European Directive on Agency Work will help in this. Even though blue-collar agency workers have, at present, equal rights from day one, there still are some problems. Many of the social rights, such as the right to full sick pay, or the right to training and education, call for a minimum employment period of 6 or 9 months. Agency workers often don&rsquo;t work long enough to get that far.
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&nbsp;Dansk El-Forbund Gen. Sec. J&oslash;rgen Juul Rasmussen 
 
 


What is your union&rsquo;s experience on how employers handle their responsibilities regarding agency workers? 
 
Danish employers try hard to find different ways to ignore these agreements. A few years ago, for example, we saw a sudden increase in the use of electricians as agency workers in the construction sector. In our agreement that covers this work (DEF-Tekniq), agency work is not mentioned. This is where our second strategy takes hold. We take the employers&rsquo; organisation to court to enforce our contracts and the law. And so far, we have always won. In this particular case, the court decided that the agency workers should be paid according to the general stipulations within the DEF-Tekniq agreement. If not, it would have been seen as a violation of the agreement. They hold that it is the responsibility of primary employers to treat contract or agency workers the same as the permanent employees. 
 
Now, employers will try to circumvent this. They will claim that the workers they hire are subcontractors themselves, or self-employed people. We continue to bring such claims before the courts and so far, we have been winning.
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How difficult is it to organise contract or agency workers into your existing union structures? 
 
This is exactly the third strategy. We are very pro-active in organising agency workers or so-called subcontractors into our existing unions. We approach these workers inside their companies and on building sites. The problem we encounter is that contract workers of a specific company might be spread out widely over a geographic area, and oftentimes they switch between company to company, so the problem of reaching them is hard. 
 
In the near future, we will keep taking employers who attempt to avoid their responsibilities to labour court; we will continue to organise contract and agency workers; and where we can, and we encourage more unions in Denmark to actively organise these workers as well. Until now, we are the only union in Denmark to do so. But we hope that more unions in Denmark will join us.

Interview with Jørgen Juul Rasmussen, General Secretary, Danish Union of Electricians (Dansk El-Forb

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What has been the impact of Contract and Agency Labour Work in Brazil and Latin America? 
 
The impact of outsourcing is felt in all sectors in Latin America. Of those sectors covered by the ICEM, it is probably the energy sector which has been hit hardest because of the mass privatisations in the 1990s. We are currently doing a study on the situation of contract workers in the energy sector to get more and better data on the present situation. 
 
Subcontracting is everywhere. It is not limited to catering, or security, or transportation. It now goes right to the core of business in most companies. Oil companies subcontract maintenance, development, even production in the refineries. And, of course, at many companies, contract workers are involved in drilling and on offshore platforms.
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ICEM Latin America/Caribbean Vice President S&eacute;rgio Novais&nbsp; 
 


Has outsourcing caused a general trend of reduction in the salaries and benefits of permanent workers? 
 
Outsourcing has led to a drastic reduction of salaries and in secondary benefits, since many workers go uncovered by collective agreements. Another aspect is health and security, in spite of the fact that, on paper, when we are engaged in dialogue with the bigger companies, everything appears fine. But in reality, we find many situations where there is a lack of proper training and adequate equipment. The proof comes in the fact that the highest number of fatalities, particularly in the energy sector, occurs among contract workers. 
 
Are contract or agency workers more difficult to reach in terms of organizing? 
 
The increase of contract and agency workers on any particular job makes the work of unions very difficult. When jobs are outsourced, you inevitably lose a number of full-time, permanent workers. This, in turn, makes negotiations that much more difficult. And then there also is the difficulty to contact and gain access to contract workers. And when you do, they are not always interested in joining an organisation that enters into a dialogue and negotiate with their company. 
 
So, it places pressure on representation and that, in turn, places a diminished capacity to mobilize contract or agency workers toward the union. And in some cases, at least in Brazil, it makes trouble for the central unions, because workers might be represented by other unions who negotiate at different times with different agendas. 
 
What is it like dealing with a primary company over subcontracting? What kind of legal challenges does it present? 
 
Brazil is one of the countries where a primary company can be held legally responsible for the violation of labor laws by a subcontracting company. And indeed, sometimes primary employers are taken to court over infractions by a subcontractor. But this always occurs after an accident, or after an instance of polluting has taken place, or after a labour infraction has occurred. Further, it is only case by case, so it doesn&rsquo;t solve the bigger problem of regulating and making an employer accountable on the front end.
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What would you say on networking between unions, or sharing information on contracting practices? How important is that for success? 
 
The consequences of the increase in use of contract and agency labour, and outsourcing in general, can be managed better if unions start cooperating. Creating national and international networks is important. We are making good progress with our regional BASF company network of labour unions, an ICEM network. The company has agreed that contract work is an important subject for permanent social dialogue. Imagine, the company recently admitted that even they didn&rsquo;t know the number of contract workers present at any particular chemical worksite. We are now in a position where we are able to monitor the situation, learn from the monitoring, and hopefully pass this on to other BASF unions worldwide. It has also vastly improved our discussions with this particular company. 
 
There has been a steep reduction in contract workers at Petrobras due to union action. Can you explain what was done? 
 
This is another good example. Being a state-owned company, Petrobras, as a primary employer, was relatively easy to engage, particularly with a change of government in Brazil. It has led to better relations between the company management and the FUP, the national oilworkers&rsquo; federation. In a period of six years, this has resulted in a reduction of the ratio of contract workers to Petrobras workers from 4-to-1 to 2.2-to1. However, we&rsquo;re not there yet. There are still many, many contract workers on oil rigs.
<img height="114" src="" width="260" alt="" />
&nbsp; 
 
What are the next steps in Brazil regarding contract and agency labour? 
 
Here in Brazil, we must find a way to get legislation adopted which enables contract workers to be represented by the majority union on any give jobsite. However, it is not likely this will happen with the current Parliament. Many Latin American governments have recently adopted legislation in one form or another on contract labour. The best legislation might be in Argentina. There, the Federaci&oacute;n Argentina Sindical del Petr&oacute;leo y Gas Privados managed to use it to negotiate that all contract workers are covered by the collective agreement. 
 
What can you tell us about the upcoming Day in Latin America for Contractors? 
 
On 28 July, we will campaign throughout Latin America to call for attention to the health and safety risks involved with subcontracting. The date has been chosen as a memorial to the 200 contract workers who lost their lives in Colombia while constructing a hydroelectric dam 25 years ago on this day. We will use this day as a regional call to all trade unions and trade union networks to include contract work in their agendas for dialogue and negotiation with the different companies.

Interview with Sérgio Novais, National Chemical Confederation of Brazil and ICEM Vice President, Lat

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At the ICEM&rsquo;s World Congress in Bangkok, Thailand, in November 2007, a resolution was adopted in support of the World Day for Decent Work. This global day of action and mobilisation &ndash; 7 October 2008 &ndash; is organised by the Decent Work, Decent Life campaign, led by the International Trade Union Confederation (ITUC), the Council of Global Unions, Solidar, the Global Progressive Forum, Social Alert International, and the European Trade Union Confederation. 
 
ICEM has a special interest in Decent Work, particularly in view of the Global Union Federation&rsquo;s strong work over the past several years on Contract and Agency Labour (CAL). For this reason, the ICEM is focusing its 7 October action day events, and the period to follow, on CAL. ICEM is also working together with the other Global Union Federations, through the Council of Global Unions, on the CAL issue.
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As part of ICEM&rsquo;s overall campaign, we will intensify our activities on this date to ensure equal rights and equal treatment for temporary and agency workers. The ICEM will use the Global Day of Action as the start of a global push to organise contract and agency workers. This campaign will run until December 2008. 
 
Affiliates will be asked to give special attention to contract and agency workers during this period, as well as to give priority to the issue as a whole. 
 
Campaign materials will be published to help affiliates address the issue at local, national, and international levels. With this special InBrief newsletter, we would also like to call your attention to the issue of Contract and Agency Labour globally, as well as also within particular work sectors. The aim of distribution the information is to share and to learn from experiences.
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In the upcoming months, further useful materials will be published and distributed, and we will also send you information on how you and your union can become active on this issue as the 7 October World Day of Action arrives. 
 
Activities that affiliates can consider doing, include: 
 
&bull; Issuing press communications, highlighting 7 October as a the start of a campaign on organising contract and agency labour workers; 
&bull; Active distribution of the ICEM campaign material; 
&bull; Organising workshops with members discussing the CAL issue, and coming up with union responses; 
&bull; Organising public debates on CAL; 
&bull; Go out and start organising campaigns that specifically target contract and agency workers. 
 
The ICEM also continues to call on all its affiliates, and their members, in both developing and developed countries, to sign the call to action at <a href="http://www.decentwork.org">http://www.decentwork.org</a>.
<img height="86" src="" width="100" alt="" />
 
In addition, in the last several weeks, the ICEM has invited all affiliates to fill in an online survey. Through this survey, we aim to gather information on CAL in your industrial sectors and countries. Is CAL a growing phenomenon? How does your union respond? What means and methods are you using to organise temporary workers? The answers will give us valuable information &ndash; information to inform other affiliates on best practices and successful strategies used by fellow unions. 
 
Many of you have already filled in this survey, and we would like to ask others who have not, to do so in the near future. If you have not received an invitation to participate in the survey, please send an e-mail to <a href="mailto:contract.labour@icem.org">contract.labour@icem.org</a>.

ICEM’s Focus on 7 October World Day for Decent Work: Contract and Agency Labour

ICEM Contract and Agency Labour Newsletter

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Rubber workers of Kiyan Tyre in Chahardangeh, Iran, continued their protests last week over wage arrears. Some 600 workers of the factory began striking on 16 July and the protests escalated last week when strikers began setting portions of the factory on fire. 
 
Shouting anti-government slogans on 22 July outside a management building in Chahardangeh, a western suburb of Tehran, workers threatened to bring their next protest to Iran&rsquo;s Majlis, or Parliament.
<img height="115" alt="" src="" width="250" />
&nbsp; 
On 12 April, 1,000 workers at Iran&rsquo;s biggest rubber plant took job actions because their wages had not been paid in five months. Then, the repressive State Security Force ran bulldozers into the protestors, and arrested all 1,000 using electric batons. Most were held for 36 hours, while some 100 strike leaders were held longer. They were finally freed, but as a condition for release, the workplace leaders were forced to sign statements that they would not protest again. 
 
The more recent protests are against a hand-picked management team which reportedly is under-paying wages, or denying payment altogether. Kiyan, formerly called Alborz Tyre Mfg. Co., was established in 1958 as a joint venture with the American company B.F. Goodrich Co. In 1979, it became part of state-owned National Iranian Industries, before being sold to private Iranian investors in 1994.

Tyre Manufacturing Workers in Iran Again Strike Kiyan

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At the Fifth Meeting of the Brazilian national network of trade unions at Dutch-based Akzo Nobel plants from 15-17 July in S&atilde;o Paulo, union representatives from British-based ICI chemical facilities joined the network. Akzo Nobel recently acquired ICI. 
 
The expansion of the network is expected to further the links of solidarity between workers of the two companies in Brazil. 
 
The 25 union representatives present came from plants located in Recife, Santo Andr&eacute;, Mau&aacute;, S&atilde;o Bernardo do Campo, Jundia&iacute;, Itupeva, S&atilde;o Roque, S&atilde;o Paulo, Bahia, Guarulhos, and Rio de Janeiro. 
 
The network meeting opened with a presentation by the Brazilian national centre CUT on a multinational project surrounding the ABC Chemical Workers&rsquo; Union&rsquo;s Project of Life programme. That deals with the demands of life, health, and work, and introduces actions to ensure a better work environment. 
 
The coordinator of the network, Sergio Carrasso, then delivered a report on activities of the network since its inception in 2003. That was followed by the results of a survey done by the Social Observatory Network on working conditions at Akzo Nobel.
<img height="167" src="" width="380" alt="" />
&nbsp; 
The survey reflects a positive outcome through collective negotiations, with workers of Akzo Nobel in Brazil managing to establish better social dialogue practices in which civil rights have been guaranteed and wage differentials bridged. 
 
ICI trade unionists attending made a presentation on their individual plants, including numbers of workers, length of work days, discrimination problems, and social dialogue and corporate social responsibility experiences. 
 
The mid-July network meetings also served as preparation for the Third National Social Dialogue forum of Brazilian unions with Akzo Nobel. The network meeting concluded with a visit to the S&atilde;o Bernardo do Campo plant. 
 
Akzo Nobel workers pledged to continue seeking contacts with workers of the company in Mexico and The Netherlands.

Brazilian Akzo Nobel Workers’ Network Brings in ICI Plants for Effective Solidarity

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&nbsp;The ICEM lodged a stern protest with the government of Turkey following excessive police force to quell a peaceful protest by ICEM affiliate Belediye-İş, the Municipal and General Workers&rsquo; Union. Due to stalled negotiations on behalf of 10,000 union members at different segments of the Istanbul Metropolitan Muncipality, the union issued a 60-day strike notice in mid-July. 
 
On 17 July, 2,000 Belediye-İş members, along with officials of the union, marched to an administrative building of the municipality to hang a banner announcing their legal strike. They were immediately repelled by police, using pepper spray and pressurized water cannons. 
 
The police force was a reminder of the force used on 1 May this year when trade unionists attempted to lay flowers at Istanbul&rsquo;s Taksim Square in memorial to the 37 comrades killed there by government forces on 1 May 1977.
<img height="199" alt="" src="" width="300" />
Police Water Cannons Impede Peaceful&nbsp;Belediye-İş March on 17 July 

&ldquo;The attitude taken by police against peaceful demonstrators reinforces the impression and opinion worldwide on your government&rsquo;s pursuit against (workers&rsquo; rights),&rdquo; wrote ICEM General Secretary Manfred Warda to Turkish Prime Minister Recep Tayyip Erdoğan. 
 
&ldquo;Although Turkey has ratified ILO Conventions 87 and 98, we understand that neither in law or in daily life can these standards be freely exercised.&rdquo; 
 
The strike notice was issued because the Istanbul Metropolitan Muncipality has closed the door on negotiations after offering only an 8% increase. Belediye-İş is seeking a 40% increase. According to the union, daily consumer costs have rapidly escalated beyond the high inflation rate in Turkey, with water and transportation increases nearing the 35% mark.

ICEM Protests Police Force to Break up Belediye-İş Strike Call in Turkey

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Today, in Bogot&aacute;, Colombia, civil society and trade unions, led by the ICEM electric utility affiliate Sintraelecol, will mark the 25th anniversary of the Guavio dam disaster in which most of the 200 casualities were&nbsp;temporary labourers. They were buried alive when a&nbsp;pair of massive rock slides, totalling 60,000 cubic yards of earth,&nbsp;fell on them&nbsp;in the evening of 28 July 1983. 
 
The day has been designated as not only a Day of Remembrance by&nbsp;ICEM's Latin America/Caribbean Region, but also as a day to push for full labour rights, including safety and health, for contract and agency workers. 
 
The memorial event and symposium&nbsp;will be held at the Hotel del Parque, 23-24 Carrera 5A, Bogot&aacute;, beginning at 14h00. 
 
&ldquo;Today is a tribute to the casual workers and others&nbsp;who passed away in 1983 while they were constructing one of the most important energy projects in our country,&rdquo; said ICEM Colombia Coordinator Carlos Bustos. &ldquo;It is also a call to non-permanent workers and agency staff everywhere to join with labour unions for decent work and a guarantee of protection under established global labour standards.&rdquo;
<img height="126" alt="" src="" width="294" />
Construction of the 820-foot rock-fill dam, the tallest in the Americas,&nbsp;began in August 1981 by Empresa de Energia Electrica de Bogot&aacute;, the electric power company of Colombia's capital city. Between the towns of Ubal&aacute; and M&aacute;mbita, 120 kilometres northeast of Bogot&aacute;, the utility had purchased 2,000 estates from landowners in order to build the continent's&nbsp;biggest hydroelectic dam, one&nbsp;that would generate one million kilowatts of power.
In September 1982, a precursor of what was to come occurred when four miners were killed from a rock slide.
During&nbsp;the spring of 1983, when construction&nbsp;was in full swing,&nbsp;heavy rains set in on the&nbsp;the Bocatoma Valley in the department of Cundinamarca. 

The US$1.3 billion dam project, on the Guavio River, had the financial support of the World Bank and the Inter-American Development Bank. March through May, 1983, also saw a 48-day strike by workers against the joint contractors, Rome-headquartered Vianini Lavori Spa and Madrid-based Entrecanles y Tavora. The&nbsp;strike saw the Colombian military&nbsp;called in.
<img height="181" alt="" src="" width="180" />
At 10h00 on 28 July, while boring was underway on a power tunnel and a separate water diversion&nbsp;tunnel,&nbsp;eight workers were slightly injured when a massive rock was dislodged and fell inside the adjacent tunnels. A safety alarm drew the attention of the industrial security team, but after inspection, the area was declared&nbsp;safe for work. Meanwhile, rain continued to ravage the Andes mountainside outside.&nbsp; 
 
At 19h00, pipefitters, electrical pump installers, and other skilled workers were leaving the project&rsquo;s front on buses,&nbsp;their work day complete. Left behind to mine the tunnels overnight were some 100-plus casual labourers, including many teen-age boys. 
 
In the words of one pump installer, who recalls looking back on the worksite&nbsp;from a base camp, the illimination of lights was brilliant. And then seconds later, &ldquo;the lights went dark.&rdquo; Some of the&nbsp;workers, along with rescues teams,&nbsp;began hurrying back to the project&rsquo;s front in buses, only to have a second&nbsp;landslide bury three buses alongside the tunnels. 
 
Buried inside were 138 workers, with&nbsp;another 40 workers crushed to death when the buses they were in&nbsp;became encapsulated by falling&nbsp;rock. Approximately 20 local residents, who were assisting work in one manner or another, also perished inside the tunnels.
The bodies of only one-half of the victims were&nbsp;recovered.&nbsp;&nbsp; 
 
The Guavio&nbsp;dam was finally&nbsp;completed in 1988, two years behind scheduled. In 1997, the Spanish company Endesa purchased the hydro-generating operation. 
 
The ICEM salutes its Colombian affiliate, Sintraelecol, with commemorating the 25th anniversary of a disaster that should never&nbsp;have happened, as well as all Latin American/Caribbean trade unions and NGOs who are participating in today&rsquo;s event.

Colombia Dam Disaster of 28 July 1983: ‘The Night the Lights Went Dark’ on 200 Casual Workers

&nbsp;<img height="39" alt="" src="" width="100" />
Forty-one national mining unions from 37 countries met 9-11 July in St. Petersburg, Russia, for the ICEM&rsquo;s quadrennial World Conference on Mining and DJGOP. A total of 138 delegates addressed the major changes occurring in the industry. 
 
At the top of the agenda of an ICEM work plan covering the next four years was the continuing health and safety problems occurring at mines throughout the world. 
 
&ldquo;At a time of unprecedented profits in the mining industry, it is an unacceptable situation that much of this profit continues to be stained with the blood of miners,&rdquo; said Senzeni Zokwana, ICEM President and also President of the National Union of Mineworkers (NUM) in South Africa.
<img height="173" alt="" src="" width="140" />
ICEM President Senzeni Zokwana&nbsp;
Although there are no worldwide figures on mining injuries and fatalities, serious accidents continue to plague mining operations in more developed countries, such as the US and South Africa, as well as in developing nations. South African-based Gold Fields Ltd., the world&rsquo;s fourth largest gold-mining house, was specifically cited for operating dangerous mines and may be a target of ICEM action. 
 
ICEM affiliates attending the Mining Conference approved a continued global campaign for ratification of ILO Convention 196, the Safety and Health in Mines Convention. Delegates also approved action to assist uranium miners in Africa in preventing exposure to dangerous radiation. 
 
A further focus to the conference was the continued vertical and horizontal consolidation in the mining and metals industries and the growing power of multinational corporations, including emergent multinational mining companies based in Brazil, China, India, and Russia. Delegates pledged to work together to build networks to confront these companies. 
 
Also designated as part of the work plan was the development of a policy on sustainable development, including support for developing clean coal technologies, challenging the use of contract and agency labour and gaining work rights for such workers, and establishing closer relationships with NGOs that show support for workers. 
 
Featured at the conference was a presentation on the fight between the Mexican mineworkers&rsquo; union, known as Los Mineros, and Grupo M&eacute;xico and the government of Mexico, which has attempted to destroy the union. ICEM affiliates pledged full support to the miners and a stepped up campaign against this company and the government. 
The ICEM mining report can be found <a href="/wp-content/migration/icem/2008ICEMMiningReportEN.pdf">here</a>.

ICEM Holds Quadrennial Mining Conference in Russia

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