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Issues in the eight-day strike involving 150,000 members of the National Union of Mineworkers (NUM) in the coal industry, as well as a five-day strike covering the same number of NUM gold miners might be resolved when the union and Chamber of Mines meet today in mediation conducted by South Africa&rsquo;s Commission for Conciliation, Mediation, and Arbitration (CCMA). 
 
The NUM and Chamber are close on wage terms, with coal and gold mining houses said to be in agreement on finally awarding double- digit wage increases for 2011. The central issue today will be the new length of the collective agreement &ndash; either one or two years. Coal talks are scheduled for 10h00, while the gold negotiations commence at 14h00. 
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Lesiba Seshoka
NUM spokesman Lesiba Seshoka said past CBA durations have generally been two years, but this year could be different. In mediated bargaining with the CCMA on 28 July, the NUM and Chamber seemed in agreement on a retroactive 1 July pay rise of a double-digit figure. Seshoka said if a second year is agreed to, the 2012 increase would likely add up to inflation plus a certain percentage higher. 
 
NUM members at AngloCoal SA, Exxaro, Xstrata Coal, Delmas Coal, Optimum, Springlake and others shut down the country&rsquo;s coal industry on 24 July. That strike was followed four days later &ndash; on 28 July &ndash; by 150,000 NUM gold miners striking AngloGold Ashanti, Harmony Gold, Goldfields, and Rand Uranium operations. 
 
Gold mining talks failed down on that day between the union and Chamber, two days after the NUM issued the mandatory 48-hour strike notice upon receiving CCMA certification of non-resolution. In coal, in meeting again with the Chamber on Friday, 29 July, labour and management narrowed their 2011 wage differences. 
 
In platinum mining, the NUM bargains individually with the three major producers, AngloPlatinum, Impala, and Northam. Although a dispute has been declared, the combined 8,000 miners have yet to down tools. But that could change this week. After 28 July talks with the world&rsquo;s number one producer, AngloPlatinum, the company and NUM remained far apart, AngloPlatinum offering 6-7% while NUM seeks 15%. Negotiations are slated for today with Impala and on Wednesday, 3 August, with Northam. 
 
A third and likely final round of negotiations is also scheduled for today between the NUM and state-run electricity provider Eskom. There has been no dispute declared in those talks. NUM represents 16,000 Eskom staff, while the National Union of Metalworkers of South Africa (NUMSA) covers 5,000. 
 
Maybe the most contentious NUM bargaining has occurred with the world&rsquo;s largest rough-cut diamond producer, DeBeers Consolidated Mines. Some 5,000 NUM members downed tools on 22 July at Venetia in Limpopo state, Voorspoed in the Free State, and a tailings treatment plant in Kimberly. 
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No talks have been slated. The NUM has demanded 15% while DeBeers, with record sales in the first half of 2011 of US$3.8 billion on production of 15.5 million carats, has offered a paltry 7.5%. &ldquo;We will make them move,&rdquo; stated the NUM&rsquo;s Chief Negotiator at DeBeers, Peter Bailey. 
 
&ldquo;The offer is totally unacceptable to us. Last year we settled for between 9.5% and 10%, now we are told 7.5%, plus an ex-gratia one-off payment of ZAR 2,500 (US$375). We totally reject this.&rdquo;

South African Coal, Gold Strikes Face Key Talks Today

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The ICEM condemns the cowardly assassination of Colombian mineworkers&rsquo; leader Rafael Tob&oacute;n Zea on 26 July. Tob&oacute;n was shot three times and killed by paramilitaries near his home in the city of Segovia, Antioqu&iacute;a department, about 220 kilometres north of Medell&iacute;n. 
 
Rafael Tob&oacute;n, 40, was a leader of the metal and mineworkers&rsquo; union Sintramieneg&eacute;tica, where he was a founding member of that union at Frontino Gold Mines Ltd. He worked there for 15 years and was still assisting discharged miners of Frontino after the Medell&iacute;n-based company liquidated and its underground mines were bought last year by Modoro Resources Ltd. of Canada and Gran Colombia Gold S.A. 
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He was working in a smaller gold mine in Antioqu&iacute;a department and organising workers there when he was killed last week. Sintramieneg&eacute;tica had reported threats to its leaders that were believed to be tied to the contested takeover of Frontino by Modora and Gran Colombia, and the sacking of all miners. 
 
The ICEM calls on the government of Colombia and the authorities in Segovia and Antioqu&iacute;a state to spare no resource in apprehending and bringing to justice the perpetrators of this heinous crime. Let there be no impunity for the miscreants of Colombia who take the lives of trade unionists in cold blood.

Mineworkers’ Leader, Rafael Tobón, Gunned Down in Antioquía, Colombia

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&quot;Solidarity and Equal Opportunities: Principles of Trade Union Networks&rdquo; was the motto of the second meeting of this kind conducted by ICEM&rsquo;s Brazilian affiliate CNQ-CUT, the National Confederation of Chemical Workers which took place on 15-16 June, through the support of Friedrich Ebert Stiftung (FES), at the facilities of Sao Paulo Glass Workers&rsquo; Union in Praia Grande, with participation of more than 60 union representatives from 24 companies. 
 
The meeting was supported and attended by ICEM, CUT, Solidarity Center AFL-CIO, FETQUIM, Social Observatory Institute (ISO) and DIEESE. 
 
The opening session of the event was marked with a broad debate on the role of union networks in national and international solidarity in the chemical industries. ICEM&rsquo;s Regional President Sergio Novais highlighted the importance of the meeting and the need for unification of the sectors. Participants dynamically discussed their expectations of the meeting. 
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Later in the meeting a delegates discussed various topics such as solidarity, participation of youth and women, network running, communication mechanisms, network models and statutes, decent work, and training policies. The presentation of research on the situation of trade union networks in the chemical sector with a detailed analysis on multinational participation and trade union activity conducted by ISO gave an overview to the participants. 
 
The participants were then divided into working groups to account for future referrals and deepen the discussions presented. Gender, collective bargaining, network funding, social dialogue, internal and external challenges, and strengthening the networks were among the topics that came up with important resolutions that should strengthen the fight in the upcoming period. 
 
At the end of the meeting participants evaluated discussions by saying &quot;we have to act differently if we want a different life, what we did here was simply to think differently&quot;. Over the next couple of months, a report with the outcomes of the meeting will be publicised. 
 
&ldquo;Networking is one of the major priorities of ICEM sector work. The work performed by our Brazilian comrades in the chemical industry is an excellent model for the rest of the world&rdquo; said ICEM&rsquo;s Director of Industry and Corporate Affairs Kemal &Ouml;zkan. &ldquo;Our objective now is to widen this drive to the whole Americas region&rdquo;.

Brazilian Chemical Workers Discuss Solidarity Through Union Networking

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The Australian Workers&rsquo; Union (AWU) won a definitive judgment from Fair Work Australia on 24 June that grants the union right of entry to lunch rooms at Rio Tinto&rsquo;s Alcan aluminum smelter in Bell Bay, Tasmania. The ruling ends months of legal wrangling and should serve as a precedent against employers from blocking legitimate union access to workers on job sites. 
 
On 1 July, marking the second anniversary of the Fair Work Act of 2009, which makes such access legitimate, AWU National Secretary Paul Howes and three AWU organizers triumphantly met with AWU members in lunch rooms at Alcan&rsquo;s Bell Bay smelter, breaking Rio Tinto&rsquo;s claim that such meetings had to in administrative areas, generally parts of worksites where surveillance and management intimidation is greater. 
 
The 550-worker Alcan smelter has been a test case in Australia over right of entry under a balanced Fair Work Act, a law that reversed many of the management rights provisions in the former Conservative government&rsquo;s WorkChoices Act. (See prior <a href="/en/78-ICEM-InBrief/4314-">ICEM Bell Bay article</a> here.) It also stands as a major crossing of a threshold that will lead to full enterprise bargaining between AWU and Alcan. 
 
The AWU, which counts a majority of Alcan workers at Bell Bay as members, also used this Fair Work Australia decision to re-boot an advertising campaign aimed at recruitment of non-union Rio workers to the union fold. The ad campaign, which first ran in March, states that process operators at other, unionized Australian aluminum plants, namely Alcoa&rsquo;s, are paid up to A$20,000 per year more than operators at Bell Bay. 
 
The AWU said it would use the decision to meet union members in similar surroundings at Alcan worksites in Gladstone (Boyne Island) and Yarwun, Queensland. 
<img alt="" src="" width="129" height="160" />
Paul Howes
&ldquo;Make no mistake, the bullies at Rio Tinto are losing the stranglehold they once had over their workforce,&rdquo; said Howes in an Australian newspaper report. &ldquo;The decision is highly symbolic of that, and I know it will be a crushing embarrassment for the company.&rdquo; 
 
That decision, FWA Case 3878, found Alcan&rsquo;s insistence on a conference room inside an administration building was not reasonable. It stated such meetings there meant workers had to travel 8-15 minutes longer from work stations, and this was insufficient time to meet with AWU representatives during average break times. 
 
Fair Work Australia&rsquo;s ruling also rejected Alcan&rsquo;s claim that the meal rooms closer to work areas were too small for such lawful meetings under the Fair Work Act and that worker-union discussions would disrupt other workers in the break areas. 
 
Rio Tinto Alcan said it disagrees with the decision, but this time will not appeal the Bell Bay right of entry ruling. The company said the AWU had made some 20 visits to meet with union members in conference rooms, and it made note of the fact that the 24 June ruling had found that the company did not intimidate or hinder workers from meeting with the AWU in the conference rooms. 
 
Australian Council of Trade Unions (ACTU) Secretary Jeff Lawrence said the Bell Bay decision &ldquo;sends a positive message to other employers that they must respect fundamental workers&rsquo; rights to collective bargaining and union membership.&rdquo;

Australia: AWU Wins Correct Access to Rio Tinto’s Alcan Smelter

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After review of the deadly clash between workers and police at Advanced Chemical Industries Ltd. (ACI) in Siddhirganj, Bangladesh, on 23 January, the International Federation of Chemical, Energy, Mine &amp; General Workers&rsquo; Union (ICEM) finds ACI&rsquo;s conduct contemptible and the root cause of the violence that left one worker dead and over 100 hospitalised. 
 
The Geneva-based ICEM also supports trade unions in Bangladesh who are risking repression and have demonstrated since last Sunday in opposing the heavy-handed use of police force in central Narayanganj district in putting down the legitimate protests of ACI workers on 23 January. 
 
After numerous attempts to correct disparities inside the 407-worker ACI Pharmaceutical plant, full-time and temporary workers alike attempted to stage a peaceful protest. ACI&rsquo;s response to the worksite protest was to call police, who caused mayhem by firing rubber bullets and some 30 canisters of tear gas at the protestors. 
 
One worker, a 25-year-old temporary worker, Enamul Huq, died in a hospital from wounds inflicted from police. Scores others remain hospitalised and the police now have unfairly issued arrest warrants for workers involved in the protest.
<img src="" width="123" height="151" alt="" />
Arrest warrant: Beaten Striker
The ICEM determines that responsibility for the melee belongs with ACI, which too long neglected the pleas of both workers and their plant-level trade union in addressing legitimate workplace concerns. Workers&rsquo; grievances center on failure to give temporary workers full-time, permanent work status, with some temporary staff working as long as 12 years in those unsecured position and without the level of benefits that permanent workers receive; refusal to allow temporary workers to join the plant-level union; and failure to address extremely low wage rates for both permanent and full time workers. 
 
&ldquo;The fact that nearly all 400 workers, temporary and full-time alike, participated in this disaffection and that is one signal that management of ACI failed in its duties,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;We&rsquo;re in total support of workers&rsquo; grievances and call on ACI to adopt a higher level of social conduct.&rdquo; 
 
The ICEM also reminds civil society that Bangladesh has ratified ILO Conventions 87 and 98, freedom of association/right to organise/right to organise/bargain collectively conventions, and the Bangladesh government has a duty to ensure these global standards are applied. 
 
The ACI plant produces drug aids for human use. The plant employs 167 full-time workers and 240 temporary workers. ACI is major Asian manufacturer, marketer, and distributor of drug aids, agri-chemical and pesticide products, and basic consumer products. 
 
The ICEM is a Global Union Federation representing 20 million workers, encompassing 467 trade unions in 132 countries. 
 
For further information, contact: ICEM Information Officer Dick Blin, <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, +41 22 304 1842, or +41 79 734 8994.

ICEM Condemns ACI Conduct in Deadly Bangladesh Chemical Plant Riot

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Ge&ccedil;en hafta İstanbul'da yapılan Kimya Sekt&ouml;r Konferansı'nı a&ccedil;an ICEM Kimya İşkolları Başkanı Tomas Nieber k&uuml;resel kriz nedeniyle d&uuml;zenleyici kuralların ve standartların artırılması &ccedil;ağrısında bulundu. ICEM &uuml;yesi IGBCE'nin Ekonomi B&ouml;l&uuml;m&uuml; başkanı olan ve yeniden ICEM'in kimya ve ila&ccedil; sekt&ouml;r başkanı se&ccedil;ilen Nieber, sekt&ouml;r&uuml;n 2010'da hafif bir toparlanma g&ouml;sterdiğini, politikacıların ve h&uuml;k&uuml;metlerin krize yol a&ccedil;an eski politikalara d&ouml;nmemesi gerektiğini s&ouml;yledi. 
 
27-28 Ekim g&uuml;nlerinde İstanbul'da yapılan ICEM'in kimya konferansına 40 &uuml;lkeden 250 delege katıldı. Konferansın evsahipliğini T&uuml;rkiye'deki petrol, kimya ve lastik iş&ccedil;ilerinin sendikası Petrol-İş yaptı. 
<img alt="" src="" width="218" height="163" />
Petrol-İş Genel Başkanı Mustafa &Ouml;ztaşkın
Nieber k&uuml;resel kriz nedeniyle d&uuml;nya &ouml;l&ccedil;eğinde istihdamda 34 milyon kayıp olduğu s&ouml;yledi ve -akaryakıt fiyatındaki artış ve her iki sekt&ouml;rde s&uuml;rd&uuml;r&uuml;lebilir politikalar uygulama zorunluluğu gibi- sekt&ouml;r&uuml;n karşı karşı bulunduğu zorlukları vurguladı. 
 
Nieber, &ldquo;Sendikalar olarak d&uuml;zenlemelerin artırılmasını talep etmeliyiz&rdquo; dedi. 
 
Petrol-İş Genel Başkanı Mustafa &Ouml;ztaşkın delegelere hoşgeldiniz dedikten sonra, &uuml;lkesinde sendikaları etkisizleştirme politikaları uygulandığını vurguladı. &ldquo;Sendikal hak ve &ouml;zg&uuml;rl&uuml;klerle ilgili uluslararası s&ouml;zleşmeler sistemli olarak ihlal ediliyor&rdquo; diyen &Ouml;ztaşkın ş&ouml;yle devam etti: &ldquo;&Uuml;lkemizde sendikal faaliyeti d&uuml;zenleyen mevzuat baskıcı ve yasak&ccedil;ı &ouml;z&uuml;n&uuml; koruyor.&rdquo; 
<img alt="" src="" width="220" height="135" />
Konferansa Japonya'dan 27 delege katıldı
&Ouml;ztaşkın, referandumla kabul edilen son anayasa değişikliklerinin aslında sendikal hakları bir&ccedil;ok y&ouml;nden geriye g&ouml;t&uuml;rd&uuml;ğ&uuml;n&uuml; belirtti. Petrol-İş başkanı, T&uuml;rkiye'nin kimya &uuml;retiminde d&uuml;nyadaki ilk on &uuml;lke arasında yer almasına rağmen, yıllardır s&uuml;ren &ouml;zelleştirmenin istihdamı y&uuml;zde 60-70 d&uuml;ş&uuml;rd&uuml;ğ&uuml;n&uuml;, sendikasız ve g&uuml;vencesiz işg&uuml;c&uuml;n&uuml;n kural haline geldiğini s&ouml;yledi. Ayrıca, T&uuml;rkiye'de sendikaların sosyal sorumluluk standartları, atık y&ouml;netimi, iş sağlığı ve g&uuml;venliği standartları ve temiz teknoloji alanlarında &ouml;nc&uuml;l&uuml;k yapmaya başladığını vurguladı. 
 
Konferansta iki g&uuml;n boyunca altı panel yapıldı. Bunlardan biri &ldquo;&Ccedil;alışma İlişkileri, Sosyal Diyalog ve Sosyal Sorumluluk&rdquo; &uuml;zerineydi. Bu panele şu kişiler katıldı: Uluslararası Kimya İşverenlerinin &Ccedil;alışma İlişkileri Komitesi Genel Sekreteri Lutz Mugl, Rhodia Kimya Başkanı Bernard Chambon, Umicore İnsan Kaynakları ve Gelişme M&uuml;d&uuml;r&uuml; Mark Dolfyn ve ICEM Kimya İşkolu Sorumlusu Kemal &Ouml;zkan ile eski IGBCE Başkanı ve EMCEF Başkanı Hubertus Schmoldt. 
<img alt="" src="" width="215" height="161" />
Rusya Kimya İş&ccedil;ileri Sendikası heyetinin başında Başkan Alexander Sitnov, sağda, vardı
Konferans &ouml;n&uuml;m&uuml;zdeki d&ouml;rt yıllık d&ouml;neme ilişkin 11 maddelik bir eylem planının kabul&uuml;yle sona erdi. Eylem/&ccedil;alışma planına <a href="/wp-content/migration/icem/Chems%20Conf%20ActionPlan%20TURK%20.pdf">buradan</a> ulaşılabilir. 
<img alt="" src="" width="219" height="164" />
Irak Petrol Sendikaları Federasyonu'ndan (GFIW) Hasan Cuma Avad Sdave &ldquo;K&uuml;resel Sendikal G&uuml;&ccedil; ve Dayanışma&rdquo; konulu panelde konuştu
Kimya Konferansı, ayrıca, kemer sıkma politikalarına ve &ouml;nlemlerine karşı greve giden Fransa, Romanya ve diğer Avrupa &uuml;lkelerindeki sendikaları destekleyen bir kararı onayladı. Bu karar &ouml;nce 26 Ekim'de yine İstanbul'da toplanan ICEM Presidyumu (Başkanlar Kurulu) tarafından kabul edildi.

Rekor katılımlı ICEM Kimya Konferansı sonuçlandı

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ICEM ve Uluslararası Metal İş&ccedil;ileri Federasyonu (IMF), ekonomik, &ccedil;evresel ve sosyal krizler arasındaki ilişkileri ele alan, &ldquo;Emisyonu Azaltmak &ndash; İstihdamı D&ouml;n&uuml;şt&uuml;rmek&rdquo; konulu ortak bir panel d&uuml;zenledi. 7 Aralık'taki panel, COP16 &ccedil;er&ccedil;evesinde, &ldquo;Emek D&uuml;nyası&rdquo; genel başlığı altında, Meksika'nın Cancun kentindeki Universidad del Sur'da ger&ccedil;ekleşti. 
 
İnsana yakışır ve s&uuml;rd&uuml;r&uuml;lebilir istihdamın korunması ve yaratılması ve iklim değişikliğiyle m&uuml;cadelede sendikaların rol&uuml; konusunda bir&ccedil;ok tanınmış sendikacı g&ouml;r&uuml;şlerini dile getirdi. 
 
IMF Japonya'dan Şoi&ccedil;iro Kaneko, &uuml;lkenin teknolojik ilerlemeden yararlanarak karbon emisyonlarının denetiminde kaydettiği gelişmeyi ve &ouml;nerilen iklim fonuna verilen desteği vurguladı. Ne var ki, Kaneko, yeni anlaşma b&uuml;t&uuml;n b&uuml;y&uuml;k emisyon kaynaklarını kapsamayacak ve uygulanabilir nitelik taşımayacak olursa, karbon sızıntısının s&uuml;rebileceği kaygısını dile getirdi. 
<img alt="" src="" width="233" height="166" />
Soldan sağa: ICEM'den Brian Kohler, CFMEU'dan Michael O'Conner, ITUC'tan James Howard, IMF-Japonya'dan Şoi&ccedil;iro Kaneko
Avustralya İnşaat, Orman, Maden ve Enerji Sendikası (CFMEU) Ulusal Sekreteri Michael O'Connor, Tasmanya'da yeni bir k&acirc;ğıt ve k&acirc;ğıt hamuru fabrikasının ekonomik potansiyelini ortaya koymak i&ccedil;in &ccedil;evre gruplarıyla kendi sendikasının nasıl bir &ccedil;alışma ilişkisi kurduğunu anlattı. 
 
O'Connor burada dikkat edilecek noktanın, sendikanın iş&ccedil;ileri temsil ettiğini hatırlamak ve iş&ccedil;ilerin sesinin duyulmasını sağlamak olduğunu s&ouml;yledi. 
 
Uluslararası Sendikalar Konfederasyonu'ndan (ITUC) James Howard, ITUC'un Adil Ge&ccedil;iş politikası konusunu ele aldı. Adil Ge&ccedil;iş hi&ccedil; de basit bir s&uuml;re&ccedil; değildir; ancak araştırma, diyalog, sendika-işveren anlaşmaları, g&uuml;&ccedil;l&uuml; sosyal programlar, sanayi yatırımları ve iş&ccedil;ilerin eğitimiyle ger&ccedil;ekleşecektir. 
 
Ana konuşmacı, Japonya'nın Ekonomi, Ticaret ve Sanayi Bakanlığı'ndan İzura Kobayaşi idi. Kobayaşi devam eden iklim g&ouml;r&uuml;şmelerini a&ccedil;ık s&ouml;zl&uuml; bir tavırla &ouml;zetledi.
<img alt="" src="" width="220" height="128" />
İzura Kobayaşi ve Michael O'Connor
İzura Kobayaşi, Japonya'nın g&ouml;r&uuml;ş&uuml;n&uuml; (ki Japonya, Kyoto s&uuml;recinin karbon sızıntısını &ouml;nleme konusunda yeterli &uuml;lke desteğine sahip olmadığı g&ouml;r&uuml;ş&uuml;nde) a&ccedil;ıklamasının yanı sıra, &ouml;nemli bir&ccedil;ok &uuml;st d&uuml;zey g&ouml;r&uuml;şme ve &ouml;zel &ccedil;alışma gruplarının &ccedil;alışmaları hakkında bilgi de verdi. 
 
Nihai sonucu tahmin etmek zor, ama bazı &ouml;nemli konularda ilerleme kaydedildi. Japonya, elbette, imalat sanayilerinde verimli enerji kullanmasının ve yeni teknolojilere yatırım yapmasının ilerlemeyi sağlayan ana y&ouml;ntemlerden biri olduğu g&ouml;r&uuml;ş&uuml;nde. 
 
ICEM'den Brian Kohler ve IMF'den Kan Matusuzaki her iki k&uuml;resel federasyonun politikalarını ve Uluslararası Tekstil ve Deri İş&ccedil;ileri Federasyonu'yla (ITGLWF) birlikte Haziran'da d&uuml;zenlenen S&uuml;rd&uuml;r&uuml;lebilirlik &Uuml;zerine D&uuml;nya Konferansı'nın sonu&ccedil;larını a&ccedil;ıkladılar. Ayrıca, &ldquo;Değişimi &Ouml;ng&ouml;rmek&rdquo; konusunda bir sunum yaptılar. 
 
ICEM ile IMF'nin Emek D&uuml;nyası adlı etkinliğine katılım iyiydi ve panel son derece olumlu tepkiler aldı.

İklim Konferansı&#039;ndaki ICEM-IMF Forumunda Sanayiye Yaklaşım Tartışıldı

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The ICEM held, as part of its ongoing series of national and international events, discussions on Contract and Agency Labour (CAL, known as &ldquo;tercerizaci&oacute;n&rdquo; in Latin America), at an international conference in Montevideo, Uruguay, on 16-17 November 2010. Participants at this CAL campaign event, sponsored by Swedish LO/TCO and LO Norway, came from Uruguay, Argentina, Brazil, Chile, Ecuador, and ICEM headquarters. 
 
Judging by participants&rsquo; accounts, the problem of outsourcing and precarious labour seems to be at least as widespread in Latin America as it is in other parts of the world. It was said, for example, that it is not uncommon for up to 40-50% of the formal workforce in these countries to work for subcontracting companies, with outsourced workers often doing exactly the same work as permanent staff, but for a much lower salary. 
 
That said, in nearly all countries in the region there also were - in addition to a large number of bad practice examples - encouraging stories on how different unions successfully managed to deal with part of the problem. 
 
In the host country Uruguay, for example, some unions now have CAL workers as board members and, in the paper sector at least, most outsourced workers are union members. On the other hand, the country is also known for its omnipresent &ldquo;use&rdquo; of cooperatives, which seems to be a means in Uruguay to avoid unionisation. 
 
These cooperatives, which were said to employ great numbers of workers, very often are small, worker-owned and independent enterprises that cater to other, larger enterprises. As such, they have become part of the subcontracting chain and it is not unusual for an entire department of a company to be turned into an &ldquo;independent cooperative.&rdquo; 
<img alt="" src="" width="113" height="110" />&nbsp;&nbsp; <img alt="" src="" width="101" height="110" /> 
 
ICEM Latin American CAL Project Coordinators Rosane Sasse and Elias Pintado
During the last few years, Uruguay has adopted two new laws on temporary employment. The most recent one, adopted in 2007, introduces the idea of co-responsibility in case something goes wrong when workers are in a triangular relationship (i.e., when working for a &ldquo;third&rdquo; company, which is not the &ldquo;user-enterprise&rdquo;). 
 
This co-responsibility, which was mentioned by trade unionists from various countries as a key item, makes sure that workers can claim their salary, benefits, and/or social security from the user-enterprise in case &ldquo;their real employer&rdquo; fails to pay, or, as is fairly common, simply disappears. 
 
An interesting presentation was made by ICEM Project Coordinator Patricio Sambonino on the contract and agency labour situation in his home nation, Ecuador, a country where the government in 2008 adopted a new law that bans &ldquo;tercerizaci&oacute;n.&rdquo; 
 
According to a 2010 FES-ICEM research effort that looked into the effects of this new law, the success of the recent ban on outsourcing (the key point of the new law, which still allows exceptions for such jobs as catering, cleaning, security) has been mixed. Among the problems found by the FES-ICEM research was that workers that had to be rehired by the user-enterprise started at a lower salary than those that already had or have permanent jobs. Most workers also did not get lost rights, such as seniority or a decent pension. It was further pointed out that some companies have in the meantime found new ways of outsourcing.
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ICEM Project Coordinator Patricio Sambonino 
In the Ecuadorian mining sector, the level of informal work appears to be so high that the new law has not been able to make a difference. The study described the use of cooperatives in mining and in many cases, cooperatives are, in fact, just another form of bogus self-employment. In the oil sector, the new law has not brought the hoped for progress for workers. In the electricity sector in Ecuador, on the other hand, unions are very happy with the new law and the protection it brings, since many more workers now have direct and permanent contracts. 
 
In total, over 200,000 Ecuadorian workers have been made permanent since 2008. This must be qualified by stating that in many cases, the permanent status is only for one year, after which workers were dismissed again. This is the case for many oil workers. Still, a lot of workers were able to join the social security system for the first time and a few thousand &ldquo;subcontracting&rdquo; companies have closed their doors. 
 
Another important point is that, even though it was &ldquo;predicted&rdquo; by those opposed to the law, none of the major investors left the country as a result of the ban. Unions in Ecuador, who were not involved in the drafting of the law at the time, are now looking to dispel the negative consequences of what is, essentially, an excellent improvement for workers. 
 
Also noted is the fact that multinational companies in Ecuador seem to have accepted the new law much easier than most national companies. Reportedly, multinational companies were faster to calculate that the changes would not bring extra costs, and if any, certainly not in comparison to their total turnover.
<img alt="" src="" width="274" height="149" />
Participants at the Montevideo Seminar 
An interesting &ldquo;best practice&rdquo; example was provided by the representatives of Argentinean ICEM affiliate FASPyGP, the Federaci&oacute;n Argentina Sindical del Petr&oacute;leo, Gas y Biocombustibles. 
 
In each of their sectors (oilfields, oil refineries, and gas) good sectoral collective agreements exist. And each of these sectoral agreements also fully covers all outsourced workers. The result is that, even though the outsourcing rate is around 60%, all workers - CAL or not - receive the same salaries and the same benefits for equal work of equal value. 
 
Participants at the meeting in Uruguay were also informed about proposed legislation that is currently being prepared in Brazil by one of the national labour centres, CUT. If and when adopted, this proposal would strengthen earlier laws that deal with Contract and Agency Labour, which now already foresees co-responsibility in triangular work relationships. 
 
The new law would introduce, among other items, a ban on outsourcing core jobs, a strengthening of the co-responsibility, language to make sure that the union at the actual workplace can also represent the CAL workers, equal pay for equal work, and an obligation to inform unions in advance of any outsourcing plans. 
 
Finally, also mentioned at the seminar was a study by the Brazilian ICEM affiliate FUP, which showed that it would - all things considered - actually be cheaper for state-owned oil giant Petrobras to turn all its outsourced workers into direct workers. Knowing that, there still is a long way to go for Petrobras, as the company employs just over 70,000 direct employees, with almost 250,000 outsourced staff working on its assets.

Precarious Work Mounts in Latin America … But So Do Union Actions to Counter It

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The Finnish Parliament, in an interpellation or action to proceed to a motion of confidence over the government, voted on 19 November to challenge the government more vehemently on measures to ensure full-time, permanent work. Lawmakers from all political parties, left to right, voted 105 to 67 to challenge the government&rsquo;s job creation policies in a no confidence ballot aimed at stemming the grey economy. 
 
The vote was highly significant since it did garner cross-party support and was met with little employer opposition. It also sets the stage for better and more worker-friendly amendments next year to the Finnish law on the Contractor&rsquo;s Obligations and Liability when Work is Contracted Out. 
<img alt="" src="" width="132" height="81" />
The interpellation, initiated by Left Alliance Leader Paavo Arhinm&auml;ki, was supported by many parliamentarians of Finland&rsquo;s centre-right ruling government, and very likely will lead to legislation that goes beyond the requirements of the European Union&rsquo;s Directive on Temporary Agency Work. As well, any new legislation in Finland would likely limit the employers&rsquo; use of fixed-term contracts and prohibit employers from repeatedly using temporary workers when their need is a permanent workforce. 
 
One trade union leader in the country said lack of business resistance to the interpellation vote is a clear signal that employers realize productivity is better and Finnish society as a whole benefits when full-time employment is the norm. 
 
Last month&rsquo;s interpellation vote was preceded by the Central Organisation of Finnish Trade Unions (SAK) publishing a list of 25 proposals that should be contained in legislation to stifle the grey economy. One such proposal would give more power to the country&rsquo;s trade unions to enforce, through courts and other venues, nefarious work practices.

Broad Political Support in Finland to Erase Precarious Worker Abuse

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The ICEM and the International Metalworkers' Federation (IMF) jointly held a discussion panel entitled &ldquo;Cutting Emissions - Transforming Jobs,&quot; exploring the links between the economic, environmental, and social crises. The 7 December panel was part of a trade union-sponsored side event at COP16 and was held at the Universidad del Sur in Canc&uacute;n, Mexico, under the general banner &quot;World of Work.&quot; 
 
Several high-profile trade unionists gave their perspectives on how to preserve and create decent, sustainable jobs, and the role of trade unions in fighting climate change. 
 
Shoichiro Kaneko, IMF-JC/JBU of Japan, emphasized the progress that nation has made in controlling carbon emissions through technological advances, and the support offered to the proposed climate fund. However, he expressed concern about the potential for carbon leakage if a new accord does not include all the major emitters and is not enforceable. 
<img src="" width="233" height="166" alt="" />
Left to right: ICEM's Brian Kohler, CFMEU's Michael O'Conner, ITUC's James Howard, IMF-JC/JBU's&nbsp;Shoichiro Kaneko
Michael O'Connor, National Secretary-elect of Australia&rsquo;s Construction, Forestry, Mining, and Energy Union (CFMEU) told of how his union had forged a working relationship with environmental groups to unlock the economic potential for a new pulp and paper mill in Tasmania.
He said the key was to remember that a trade union represents workers, and to ensure that their voice is heard. 
 
James Howard of the International Trade Union Confederation (ITUC) elaborated on ITUC's policy of Just Transition. Far from simple, a Just Transition will only be achieved through research, dialogue, union-employer agreements, strong social programmes, investments in industry, and training and education of workers. 
 
The keynote speaker was Izura Kobayashi of Japan's Ministry of Economy, Trade, and Industry (METI), part of the Japanese official negotiating team in Canc&uacute;n. He presented a very frank resume of the ongoing climate talks. 
<img src="" width="276" height="160" alt="" />
Izura Kobayashi of Japan's Ministry of Economy, Trade, and Industry, and CFMEU's Michael O'Connor
Besides explaining Japan's position (Japan believes that the Kyoto process does not have sufficient country support to prevent carbon leakage) he also explained the status of many of the important main track and subsidiary body discussions. As of 7 December, the unusual situation has evolved of the high-level talks commencing while the ad-hoc working groups have not completed their tasks. 
 
What this means for the final outcome is difficult to guess, but progress has been made on some important issues. Japan, of course, believes that efficient energy use in its manufacturing industries and investment in new technologies is one of the key paths forward. 
 
Brian Kohler of the ICEM and Kan Matusuzaki of IMF presented ICEM and IMF policies, the outcomes of the World Conference on Sustainability held in June along with the International Textile, Garment, and Leather Workers' Federation (ITGLWF), and a discussion paper on &quot;Anticipating Change&quot; that examines how the proposed climate fund could be a starting point for discussions on industrial policies and worker participation in such areas as training. 
 
The ICEM-IMF World of Work event was well attended, and feedback following the event was extremely positive.

ICEM, IMF Forum at Climate Conference Presents Industrial Perspectives

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Precarious Work Mounts in Latin America … But So Do Union Actions to Counter It

Broad Political Support in Finland to Erase Precarious Worker Abuse

ICEM, IMF Forum at Climate Conference Presents Industrial Perspectives

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