2014-2016 impact: Illustration labour rights: migration

Labour migration largely occurs under temporary migration regimes and for less skilled work. Migrants often fill jobs unattractive to nationals, the infamous three Ds: Dirty, Dangerous and Demeaning. Examples of this are the Nepali and Indian migrants travelling to Gulf countries like Qatar to work as domestic or construction workers. Migrant workers make an enormous development contribution to the region’s economies – through skills, labour, services and competitiveness in countries of destination; and financial remittances, skills and knowledge upon return to their countries of origin. In destination countries many migrant workers fill labour market niches by doing jobs that nationals do not want or cannot fill. Yet many migrant workers in the region are subject to labour exploitation and abuse during recruitment and employment. Several of the WSM partners focus on organizing and defending labour migrants rights.

2014-2016 impact: Illustration labour rights: Indonesia

Faisal, one of 1.300 workers at a company called PT Indonesia Wacoal, where GARTEKS obtained better rights, such as social security coverage: accident, death and old age insurance. Faisal: "Moreover, since 2015, management also agreed to provide pension funds to all workers. Paid holidays have been obtained. Short term contracts can become permanent by union recommendation or selection from management. A wage scale according to duration of employment is being practiced. Freedom of Association is formally recognized and respected by the owner." All these advantages led to 916 workers out of total workforce of 1.300 becoming members of GARTEKS.

KSBSI: Mesdi from PT Benua Perkasatama: "My company produces various crude palm oil based products and owns the world’s palm oil refinery in the world and is among the biggest players in the vegetable oil refining and soap manufacturing industries in Indonesia. I am the chair of the negotiation team which concludes collective bargaining agreements for the plant level union affiliated to KSBSI. KSBSI helped me a lot to conclude better CBAs through training and exchanges with other unions. Visits of from the national level leadership also showed our management the support we could count on. Even other trade unions came which gave more visibility to our demands and they could provide us with advice and assistance to find solutions to our problems. After the CBA negotiation, our members reap the benefits: improved working conditions, better social security coverage, minimum wage is respected, workers receive meals and transport allowances and occupational health and safety equipment are being provided at the factory."

2014-2016 impact: illutsration labour rights: India child domestic worker

Rashmi, age 17, is from Teklapada village in West Bengal, India. She was working as a domestic worker from the age of 8 in Athelbadi, West Bengal. After three years (probably in 2007) the employers took her to Patna Bihar. From then onward, she was neither allowed to talk to her parents, nor meet them. She used to do all kinds of household chores, like cooking, cleaning vessels, washing clothes, taking care of the children etc. When the employers called, she had to be there, if not, they used to beat her. One of her teeth is even broken. In spite of her hard work, they used to abuse her physically, verbally and mentally. She was confined to the house for so many long years that she wanted to go home very badly.

Rally organized by NDWM against Child Labour

In August 2014, she met a domestic worker working in the same apartment, who was affiliated to NDWM Bihar. She encouraged Rashmi to escape and put her in touch with NDWM. On 21st September early in the morning, Rashmi reached the office. The NDWM staff took the case to the Inspector General of Weaker Section, Bihar who directed the case to SC/ST Police, which contacted the employers. After five days of discussion and pressure, the employer agreed to pay half of her total salary and eventually, she received 150,000INR or nearly 2.000EUR. The employers also revealed the identity of the agent who had placed Rashmi and thus she could get back in touch with her mother. The people from Rashmi's village thought that she had died, but today, Rashmi is back home with her mother, happy with her family and relatives.

Through National Domestic Workers' Movement, India

2014-2016 Impact: Illustration Labour rights: Cambodia's minimum wage

C.CAWDU, the garment federation of CLC in Cambodia has seen its membership increase over the last three years from 63.760 members on 1 January 2013 to over 81.000 members in 2016, whereas the total number of members of the confederation is currently 93.000 workers. Perhaps the most spectacular result of the last 3 years is the raise of the monthly minimum wage in the garment sector: from 80 USD in 2013, the minimum wage went up to 100 USD in 2014, 128 USD in 2015, 140 USD in 2016 to 153 USD in 2017, which is way higher than the program objective of 120 USD. Although the trade union movement since the suppression of the minimum wage demonstrations in January 2014 has put forward a demand of 177 USD, it is undoubtedly so that the garment workers over the past 3 years have seen the largest increase in their income ever. It is needless to say that this result is mainly the effort of C.CAWDU and CLC, who over the last three years – with the support of WSM, ACV-CSC, the Clean Clothes Campaign, IndustriALL and UNI Global Union - have conducted a remarkable national and international campaign on ‘decent living wages’ to put pressure on the garment brands and retailers like C&A, H&M, Zara, Levi’s to increase the low wages of the Cambodian garment workers.

“Government sets minimum wage at $153 a month”, Phnom Penh Post, 30 September 2016

Throughout 2014-2016, CLC and C.CAWDU have made a lot of progress in formulating their political demands and developing policy proposals, negotiating with local employers and lobbying international brands and the Cambodian government. 2015 was the first time that they succeeded in mobilizing up to 200.000 garment workers to show their support for the minimum wage target of 177 USD per month, through ‘soft’ industrial action (awareness raising and informing colleagues in the factory, campaigning). The same year they learned to collaborate with the other Asian partner organizations of WSM and to formulate their demands into a position paper on social protection in Asia, which they defended towards the ASEAN Forum on Labour and Migration and towards the meeting of the ASEAN Trade Union Council. In November 2016, 46 staff members of CLC familiarized themselves with one specific ILO supervisory procedure to denounce violations of core labour standards in Cambodia in a workshop that was organized by WSM’s advocacy department.

Training on ILO supervisory system for CLC and C.CAWDU, November 2016

2014-2016 impact: Standards and rights at work

This is the area most of our partners focus on, and not only the trade unions. International labour standards are first and foremost about the development of people as human beings. In the ILO's Declaration of Philadelphia of 1944, the international community recognized that "labour is not a commodity". Indeed, labour is not like an apple or a television set, an inanimate product that can be negotiated for the highest profit or the lowest price. Work is part of everyone's daily life and is crucial to a person's dignity, well-being and development as a human being. Economic development should include the creation of jobs and working conditions in which people can work in freedom, safety and dignity. In short, economic development is not undertaken for its own sake but to improve the lives of human beings; international labour standards are there to ensure that it remains focused on improving human life and dignity. Though international and national standards often exist to protect workers, their knowledge of these rights are essential to their respect and implementation.

During 2014-2016:

• nearly 43.000 workers benefited from training and got better knowledge of the Right to Social Protection, or 104% of the planned impact. 
• Over 140.000 workers were informed of their labour rights through awareness raising campaigns. 
• Nearly 9.000 workers benefited from legal assistance. 
• Trade unions providing quality services to workers also translates into increased membership, which was achieved at 130%, as partner organisations were reinforced with 77.803 new members, mostly through CFTUI in India which grew with 30.840 members.

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2014-2016: Strength in numbers

709.542: the number of people whose lives improved in some way because of contributions from the 2014-2016 programme, instead of the planned 537.250 people.

What do we understand by “improve” in this case? Two main areas:

1. Better jobs: 42.854 workers can defend their labour rights better after training, 139.850 have increased awareness and legal aid allowed 8.977 vulnerable workers to improve their jobs. These improved services also led to an increase in organized members, with 77.803 new members, 30% more than planned. Also, 3.712 people saw their income improve through income generating activities.
2. Coverage: after three years, 42.440 workers have better social security and 351.466 people had an increased access to health.

2014-2016 impact: Social economy illustration: Cooperative of domestic workers

The National Domestic Workers Federation (NDWF) in India started up an innovative project to organize domestic workers into cooperatives with the assistance of ILO. Though currently piloted only in Jharkand, one of the Indian states, 132 domestic workers bought into a newly created cooperative by buying 300 shares at 1,5€ a piece. Once joined, this cooperative trained the members, all women domestic workers and jointly, they drafted a standard two page contract which specifies their working conditions. This is a procedure almost unheard of, as hardly any domestic workers have specific or explicit contracts, let alone written ones. They approached their employers and 51 of them agreed to sign, which meant the domestic workers had guaranteed advantages, like one paid leave day per week, maternity leave, fixed salary etc. The employer also agrees that an additional 5% to the salary is contributed for social security, which the cooperative organizes for all members, enrolling them in welfare boards, paying health insurances, contributing to pension schemes etc. Next to that, the cooperative can also make loans to its members or start producing food items to sell, of which the proceeds would go to the cooperative and be shared among the members as shareholders.

2014-2016 impact: Looking at the new Indonesian Social Security: interview with Rekson

In the past three years and thanks to continued pressure from the trade unions, Indonesia has set up a historical system of universal social security and health with a tripartite structure. We met with Rekson Silaban, Commissioner BPJS Ketenagakerjaan (Employment), one of the two elected board members on behalf of the trade unions to discuss the achievements and challenges of this system.

History
After independence, Indonesia had only a couple of limited specific schemes, only for formal and public sector. In 2004, Indonesia passed law n°40 for a social security institution, Jamsotek, which was trying to expand social security schemes to the private sector but which faced many challenges in its implementation, with limited payouts and where any profits went to the state. After three annual general strikes demanding social security, legislation n° 24 was passed in 2011, which organized social security related to work, BPJS Ketenagakerjaan.
BPJS Employment was established in January 2014 and is fully operational since July 2015 with 336 offices countrywide. Their philosophy is based on the independency philosophy and pride to settle socio-economic risks. Independency means no dependence on other people in financing healthcare treatment, senior age life, and family following a death. Pride means such security is obtained as a right instead of other people's act of sympathy. To accomplish optimal financing and benefits, the BPJS Ketenagakerjaan programme is conducted collectively, in which the younger generation assists the older generation, healthy people assist ill persons, and higher-income persons assist lower-income people. This system was newly non-for-profit, which for the first time doesn’t return profit to government but is being re-invested in the social security (in 2015, profit of almost 40 million€ or 624 billion IDR). By end 2015, 2.000 companies and 20 million workers were covered, out of Indonesian total workforce of 100 million people. In 2015, they have seen a 15% increase from 16,79 million to 19,27 million workers affiliated, which is still only one out of five workers.

Garment workers emergency solidarity fund for Rohingya

Leaders of five Bangladeshi garment workers federations call to the international community, including Europe, USA & Canada, to cancel trade concession to Myanmar for unleashing genocide against Rohingya. They have praised the government for taking courageous decision to provide shelter to Rohingya refugees in Bangladesh.

The trade union leaders made the call on October 4, 2017 from in front of the National Press Club in Dhaka city at a launching ceremony of the ‘Garment workers’ emergency solidarity fund for Rohingya’. The five garment workers federations which jointly organized the fund to help Rohingya refugees are the Garment Workers Employees Federation, National Garment Workers Employees Federation, Ekota Garment Workers Federation, Bangla Garment Workers Federation & National Garment Workers Federation (NGWF).

Please find the Press Release here.

2 Indonesian union leaders of FKUI-KSBSI arrested at DAP Palm Oil Plantation

In June 2017, Riau Police (Polda) arrested two militant workers of the General and Informal Construction Federation (FKUI-KSBSI) Commissariat Board of PT Dian Anggara Persada (DAP), and they have still not been released. The company DAP is a supplier of Olenex, which is owned by ADM and Wilmar with headquarters in Switzerland and operating in Netherlands and Germany. Olenex also a member of the global platform Roundtable on Sustainable Palm Oil (RSPO).
Both Jhon Veri Panjaitan is the chairman and secretary of Herianto who is Plant Level Union leaders of FKUI-KSBSI at PT Dian Anggara Persada (DAP) operating in Kandis, Siak. The arrested have been held since Monday at Riau Police Headquarters.
Behind this case is a great struggle over rights when 56 company workers were dismissed unilaterally by the company. The value of rights that have been calculated reached 2.4 billion IDR, consisting of 867 million IDR for salaries paid by the company and 1.6 billion IDR for the severance fees.

Call to action: Sign the petition for a Treaty to address human rights abuses committed by transnational corporations and other business enterprises

The Treaty Alliance has released it's fourth statement to coincide with the 2nd meeting of the UN Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises (TNC-OBE). This alliance of committed networks and campaign groups around the world are joining to collectively help organise advocacy activities in support of developing a binding international instrument to address human rights abuses committed by transnational corporations and other business enterprises. The Treaty Alliance has called on civil society organisations (CSOs) everywhere to take action to combat corporate capture. At the recent treaty Alliance gathering in Brazil they particularly called on CSOs to demand that the forthcoming United Nations (UN) binding treaty contain strong provisions that prohibit the interference of corporations in the process of forming and implementing laws and policies, as well as administering justice, at all national and international levels.
We call States to participate actively in upcoming negotiations of the international treaty to ensure protection of human rights from the activities of transnational corporations and other business enterprises

Sign the petition here!

CFTUI 5th Congress

WSM India partner, the Confederation of Free Trade Unions India (CFTUI) celebrated tripling its membership to 1,6 million workers and its new affiliation to ITUC and ITUC-A during its 5th Congress on 10 and 11th of September 2017 in Visakhapatnam, Andra Pradesh, India. Besides passing resolutions regarding the economic, political and social situation and planning CFTUIs participation in October’s General Strike, the reports from the various states shared some impressive achievements:

• Including 150.000 domestic workers through the recently joined unions;
• Combatting 10 Special Economic Zones and providing 3.000 acres of government land to landless farmers;
• Ensuring social security for informal workers, such as pension and dearness allowances for the home guards in Tripura;
• Nearly doubling the minimum wage for informal economy workers in Delhi through the Shops and Establishment Union.

The 365 delegates and participants representing 14 sectors and 21 states also decided during this 5th Congress to accommodate this growth by enlarging the Executive Bureau of CFTUI, one of the few non-political trade union in India, from 34 to 50 members and unanimously re-elected M Kanaka Rao as President and M Neeraj Chauby as General Secretary for another four years.

WSM Asia Coordinator Bruno Deceukelier attended as Chief Guest and South Coordinator Francina Varghese also attended, and gave interviews (link).

After Nepal gets Social Security, New Labour Act

After the Social Security passed, the New Labour Act was adopted last week by the Nepali Parliament. Following are some the reported major features:
1. Proposed law covers entire world of work including domestic workers.
2. This law has been agreed as the basic law; all employees will get wages and benefits as required by this law.
3. All forms of exploitative labour practices including child and forced labour is banned. Employers are restricted to make any agreement banning person from joining unions.
4. Employment structure is categorised as casual work, time-bound work, task based work and regular work. Whatever structure is made in employment contract- there will be no discrimination in terms of wages and benefits.
5. Basic Social protection measures such as gratuity, accidental benefits, sickness benefits, Medicare including workers saving– the provident funds is payable from day one of employment. Trainee and part time workers are also covered.
6. Outsource job is made more responsible, if the non-licensee recruiting agencies supply labour to any workplace; in principle, the employer is responsible to meet all benefits.
7. Making work appraisal transparent.
8. Without valid reasons and fulfilling lawful obligation, no one is to be fired from employment. In case of unlawful firing, the employer can be held accountable .Union leaders are protected during retrenchment.
9. Retiring age increased from 55 to 58 years.
10. Women workers enjoy better protection compared to the previous law:

• Transport facilities are to be provided if women are working in night shift;
• 98 days of maternity protection leave, 60 days paid;
• In case of miscarriage of 7 months and above pregnancy, benefit is provided as of maternity;
• There will be no discrimination based on gender;
• Strong disciplinary action proposed against harassment.

11. Social dialogue

• a. Every two years, the minimum wage is reviewed.
• b. Common bargaining committee in agreement of multi-unions on enterprise level is added besides the right to take part in CBA by the authentic union.
• c. 21 days given for bilateral negotiation and 30 days given for labour office to reconcile collective disputes. In case no agreement is signed during that time, union may call for strike by giving 30 days notice except essential service or state of emergency or dispute in EPZ or parties agreed for arbitration or government refer the case to arbitration. Much emphasis on given to arbitration in labour dispute by providing the right to government to refer the case to arbitration. However, such arbitration award may be challenged within 5 working days.
• d. The collective agreement is valid as equivalent to law for 2 years and remains valid if it is not changed by the next CBA.
• e. Strike action should not be prohibited without providing an alternative mechanism for collective dispute settlement.
• f. There is no agreement on sectoral central bargaining, though Nepal already ratified ILO convention 98.

12. Leave facilities and Paid public holidays are increased and May Day and 8 March included.
13. Existing factory inspection system is broadened to labour inspection system.
14. Mechanism such as enforcement of agreement and judgement is included.
15. Few flexible provisions of the Act may invite negative consequences if union became less smart:

• a. Contractual, time-bound categories of employment may escalate, though workers of all categories are entitled to enjoy all benefits and social protection measures.
• b. Period of trainees may extend to 1 year, however with no difference in entitlement.
• c. Retrenchment can be done in consultation of union, here union need to be more responsible.
• d. Everyone is entitled to get minimum facilities as stipulated in the law, but more than minimum can be reduced through CBA- here union needs to be smart
• e. There is fixed list for termination of the workers, however, additions can be made through CBA. If a union plays foul, there will negative consequences.