Thursday, January 31, 2013
Federal Court allows leave application by MTUC, 12 others Read more: Federal Court allows leave application by MTUC, 12 others - Latest - New Straits Times http://www.nst.com.my/latest/federal-court-allows-leave-application-by-mtuc-12-others
federal-court-allows-leave-application-by-mtuc-12-others
PUTRAJAYA: The Federal Court has allowed a leave application by the Malaysian Trades Union Congress (MTUC) and 12 others to appeal against the decision of a lower court that they cannot have access to an audit report and water concession agreement.
A five-man bench led by Datuk Hashim Yusoff yesterday unanimously allowed the application but limited the appeal on a single question of law.
The legal question framed is whether the test of locus standi in the 1988 Supreme Court decision in the case of Lim Kit Siang versus United Engineers (M) Bhd was still applicable in view of the current provisions in the 2012 Court Rules.
Lim, then the parliamentary opposition leader, asked for a declaration that the letter of intent issued by the government to UEM to construct the North-South Highway was invalid.
The Supreme Court by a 3-2 majority ruled that Lim had no locus standi or legal standing to bring the action.
This was because he had failed to show that his private right had been infringed or he had suffered a special damage.
The Court of Appeal in a 2-1 ruling in 2011 had also stated that the MTUC and others could not have access to the audit report and water concession agreement signed between the Selangor government and Syarikat Bekalan Air Selangor (Syabas) on grounds they did not have the locus standi.
Judges Datuk Paduka Zaleha Zahari and Datuk Wira Abu Samah Nordin held that the MTUC and the individuals were not "adversely affected" persons.
Judge Datuk Mohd Hishamudin Mohd Yunus, who dissented, however, said he was upholding the 2010 High Court judgment as this was a public interest litigation.
The applicants (MTUC and the 12) had named the government and the Energy, Green Technology and Water Ministry as parties to their suit.
Earlier, lawyer Malik Imtiaz Sarwar, who represented the applicants, submitted the 1988 ruling was restrictive on who is an aggrieved person to bring a public interest case.
He said leave ought to be granted for the apex court to review the 1988 decision and the present case also touched on freedom to obtain information.
Senior Federal Counsel Suzana Atan submitted that the earlier supreme court ruling was still good law and leave should be rejected.
Foreign workers to pay levy with immediate effect, says Cabinet
malaysianinsider
PUTRAJAYA Jan 30 — The Cabinet decided today that foreign workers should pay the levy instead of employers The Star Online reported tonight The news portal said the decision is to be enforced with immediate effect on new foreign workers as well as those renewing their work pass employment pass or temporary work visit pass The Star quoted Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah as saying in a statement “The minimum wage which came into force this year has raised the salary for all workers on an average of between 30 per cent and 50 per cent or from RM600-RM700 per month to RM900 monthly “The Government’s move to impose a levy on foreign workers will not be a burden to them as the levy paid is between RM34 16 and RM154 16 per month as compared to a salary increase of between RM300 to RM500 per month ”.
MINIMUM WAGE: Get foreigners to pay their
levies, not bosses
http://www.nst.com.my/nation/general/minimum-wage-get-foreigners-to-pay-their-levies-not-bosses-1.201016
THE Malaysian Employers Federation (MEF) would like to
THE Malaysian Employers Federation (MEF) would like to
respond to the editorial "He ain't heavy, he's my brother" (NST, Jan 10).
Having to deal with inflation following the implementation of national minimum wages is somewhat a forgone conclusion. You don't need a crystal ball to foresee the impending inflation.
However, while the minimum wages policy is supposed to alleviate the suffering of about 3.2 million private sector employees, the fact remains that more than two-thirds of them are actually foreign workers.
Be that as it may, MEF's concern does not exclusively pertain to the cost of recruiting foreign workers, which has undoubtedly increased significantly over the years.
MEF is, however, disturbed by the blatant discrimination brought upon local workers vis-à-vis their foreign counterparts as a result of the minimum wage policy.
By law, a minimum wage is defined to mean a basic wage, which is what both local and foreign workers take home at the end of each month.
Notwithstanding this, while local workers make a living on their basic wages and whatever overtime they are accorded, the foreign workers are provided additional benefits which their local counterparts do not enjoy.
Besides their minimum basic wages, foreign workers are also given free accommodation, water, electricity and transportation.
Furthermore, the high cost of levy -- which is a form of income tax for the foreign worker -- is currently being paid by employers and not the employees.
The rate of levy also increases by 10 per cent in the third year and 20 and 30 per cent in the fourth and fifth years of service respectively.
For example, in the manufacturing sector, employers are required to pay levy at the rate of RM1,250 for each new foreign worker and this escalates to RM1,625 in their fifth and final year of service.
Since April 2009, employers have paid RM2.5 billion per year in cost of levy, while the expected additional cost to employers to implement the national mini-mum wages policy for foreign workers is around RM8.4 billion annually.
These policies inadvertently give the impression that local workers will become more destitute than their foreign colleagues and, therefore, will need to continue to depend on government handouts in the long run.
Clearly, it costs more to recruit a foreigner than a local worker. To get rid of this double standard, MEF has proposed to the government that foreign workers be required to pay their own levy.
In the local context, the majority of employees pay their own income tax and only a few employees are given the privilege of having their employers pay their income tax.
MEF had also proposed that the cost of amenities be regarded as part of the national minimum wage to balance the treatment between local and foreign workers, as well as to cushion the impact of the sudden rise in costs on employers.
While employers have in principle agreed to the national minimum wage, let's make sure that there are no discrepancies, especially towards our Malaysian workers.
Certainly, employers are not in business to hand out subsidies to the masses. This should be the role of government.
Some employers have even suggested that the government devise a Skim Bantuan Majikan 1Malaysia to assist employers remain in business during challenging times.
mStar Online : MTUC, 12 Individu Dapat Kebenaran Merayu
mStar Online : MTUC, 12 Individu Dapat Kebenaran Merayu
Mereka mendakwa laporan audit berkenaan menjadi asas bagi kenaikan tarif air sebanyak 15 peratus di Lembah Klang, yang diumumkan pada 14 Oktober 2006. Terdahulu, Peguam Kanan Persekutuan Suzana Atan dalam hujahnya berkata keputusan Mahkamah Agung pada 1988 masih terpakai dan oleh itu, kebenaran merayu tidak wajar diberi kepada pemohon. BERNAMA
PUTRAJAYA: Kongres Kesatuan Sekerja Malaysia (MTUC) dan 12 pengguna air diberi kebenaran untuk merayu kepada Mahkamah Persekutuan berhubung keputusan Mahkamah Rayuan bahawa mereka tidak mempuyai hak di sisi undang-undang untuk mempunyai akses kepada perjanjian konsesi air dan laporan audit.
Panel lima anggota Mahkamah Persekutuan, yang dipengerusikan hakim Mahkamah Persekutuan Datuk Hashim Mohd Yusoff, sebulat suara memberi kebenaran kepada mereka untuk mengemukakan rayuan kepada Mahkamah Persekutuan.
"Kami membuat keputusan untuk memberi kebenaran kepada mereka mengemukakan rayuan berhubung satu persoalan (undang-undang) yang dicadangkan," kata Hashim ketika meluluskan permohonan mereka untuk membuat rayuan.
Panel itu turut dianggotai Datuk Ahmad Maarop, Datuk Hasan Lah, Datuk Zainun Ali dan Datuk Jeffrey Tan Kok Wha.
Persoalan undang-undang yang dimaksudkan ialah sama ada ujian locus standi (kedudukan undang-undang) dalam keputusan Mahkamah Agung pada 1988 dalam kes Kerajaan Malaysia lwn Lim Kit Siang masih boleh diguna pakai berikutan peruntukan sedia ada dalam Peraturan-peraturan Mahkamah 2012.
Keputusan pada Rabu membuka jalan bagi Mahkamah Persekutuan untuk meneliti semula kes yang dikendalikan Mahkamah Persekutuan pada 1988 - Kerajaan Malaysia lwn Lim Kit Siang - berhubung keperluan menentukan locus standi seseorang untuk memulakan semakan semula kehakiman dalam kes yang mempunyai kepentingan awam.
Dalam hujahnya, peguam Malik Imtiaz Sarwar, yang mewakili MTUC dan 12 individu berkenaan, berkata keputusan Mahkamah Persekutuan itu menyekat seseorang yang berasa terkilan untuk mengemukakan kes yang mempunyai kepentingan awam.
Dalam kes berkenaan, Lim Kit Siang, yang menjadi ketua pembangkang di Dewan Rakyat ketika itu, memohon mendapatkan perisytiharan bahawa surat hasrat yang dikeluarkan kerajaan kepada United Engineers (M) Bhd bagi pembinaan Lebuhraya Utara-Selatan, adalah tidak sah.
Mahkamah Agung dalam keputusan majoriti 3-2, mendapati Lim tidak mempunyai locus standi untuk bertindak demikian kerana beliau (Lim) gagal menunjukkan bahawa hak peribadinya dicabuli atau beliau telah mengalami kerugian khas.
Bagi kes ini (MTUC dan 12 individu), dalam keputusan 2-1 pada 2011, Mahkamah Rayuan mendapati MTUC dan 12 yang lain tidak diberi akses kepada laporan audit dan perjanjian konsesi air yang ditandatangani antara Kerajaan Persekutuan, Kerajaan Negeri Selangor dan Syarikat Bekalan Air Selangor (Syabas) atas alasan mereka tidak mempunyai locus standi untuk berbuat demikian.
Hakim-hakim Mahkamah Rayuan ketika itu (kini hakim Mahkamah Persekutuan)Datin Paduka Zaleha Zahari dan Datuk Seri Abu Samah Nordin berpendapat bahawa MTUC dan individu berkenaan "bukan merupakan orang yang terjejas teruk".
Bagaimanapun, Hakim Mahkamah Rayuan Datuk Mohd Hishamudin Mohd Yunus, yang tidak bersetuju dengan pendapat itu, berpendirian bahawa mereka mempunyai locus standi memandangkan air adalah keperluan asas dalam kehidupan.
MTUC dan 12 yang lain, termasuk bekas pengerusinya Syed Sharir Syed Mohamud, serta dua kanak-kanak berusia 10 dan 15 tahun, menamakan Kementerian Tenaga, Teknologi Hijau dan Air dan Kerajaan Malaysia dalam saman mereka.
Pada 14 Jun, 2007, mereka mendapat kebenaran Mahkamah Tinggi untuk memulakan semakan semula kehakiman terhadap keengganan kementerian itu memberi mereka akses kepada dokumen berkenaan.
Mereka berkata sebagai pengguna air di Selangor, Putrajaya dan Kuala Lumpur, mereka berhak mendapat akses kepada laporan audit dan perjanjian konsesi yang ditandatangani pada 15 Disember 2004.
mStar Online : Dasar Levi Pekerja Asing 1992 Dikuatkuasa Semula
mStar Online : Dasar Levi Pekerja Asing 1992 Dikuatkuasa Semula
Kutipan levi yang diperkenalkan sejak tahun 1992, adalah bagi menampung perbelanjaan besar kerajaan ke atas kemudahan awam seperti klinik, jalan raya dan perkhidmatan-perkhidmatan lain yang dinikmati mereka bersama warga tempatan. - BERNAMA
KUALA LUMPUR: Jemaah Menteri pada Rabu memutuskan bahawa bayaran levi pekerja asing perlu ditanggung sepenuhnya oleh pekerja itu sendiri dan bukan lagi majikan, berkuat kuasa serta merta.
Menurut kenyataan daripada Kementerian Kewangan, dasar levi tahun 1992 itu dikuatkuasakan semula kepada pekerja asing baharu atau mereka yang ingin memperbaharui pas kerja, penggajian atau lawatan.
"Langkah kerajaan mengenakan levi kepada pekerja asing tidak akan membebankan mereka kerana kadar levi yang perlu dibayar adalah antara RM34.16 hingga RM154.16 sebulan berbanding peningkatan gaji mereka secara umumnya antara RM300 hingga RM500," menurut kenyataan itu.
Menurut kenyataan itu lagi, sejak April 2009, kerajaan memutuskan supaya bayaran levi pekerja asing itu ditanggung sepenuhnya oleh majikan bagi mengawal penggajian pekerja asing yang terlalu ramai.
Namun begitu, sejak pelaksanaan dasar gaji minimum RM900 sebulan di Semenanjung Malaysia dan RM800 di Sabah dan Sarawak berkuatkuasa 1 Januari, ia mendapat tentangan daripada beberapa pihak.
Antara yang menentang ialah Persekutuan Majikan-Majikan Malaysia (MEF) dan Kongres Kesatuan Sekerja Malaysia (MTUC) yang mendakwa pekerja asing kini memperoleh pendapatan lebih dengan pelaksanaan dasar gaji minimum dan mampu membayar levi sendiri.
Wednesday, January 30, 2013
Minimum wage policy: Traders want foreigner excluded | theSundaily
Minimum wage policy: Traders want foreigner excluded | theSundaily
PUTRAJAYA (Jan 29, 2013): About 200 traders and small business owners today marched to the Prime Minister's Office here to submit a memorandum calling for the exclusion of foreign workers in the minimum wage policy.
The group, which claimed they represented 57 business associations, however, stated their support for the minimum wage policy for local workers.
Associated Chinese Chambers of Commerce and Industry of Malaysia council member Tan Poh Seng said the inclusion of foreign workers in the policy is "a slap and a burden" to business owners, adding that it will cause unhappiness among local workers.
He said previously, the Malacca Chinese Chambers of Commerce and Industry had passed a memorandum to the government on the matter, but it was not given serious consideration.
"We are submitting the same memorandum again to politicians and the government.
"We want members of the parliament to do more research on this matter, which we feel was implemented in a hurry," he told reporters after handing over the memorandum to the National Wages Consultative Council secretary T. Shanmugam.
On Jan 21, it was reported that the cabinet will decide "in one or two weeks" if foreigners will enjoy the same minimum wage as Malaysian workers.
Human Resources Minister Datuk Seri Dr S. Subramaniam said Malaysia is bound by labour and international laws, which call for no discrimination based on nationality, religion, creed or race.
He said due to the implementation of the minimum wage policy, the cost of employing foreign labour has gone up, and this was being deliberated by the cabinet.
The minimum wage in the peninsula is RM900 while it is RM800 in Sabah and Sarawak.
PUTRAJAYA (Jan 29, 2013): About 200 traders and small business owners today marched to the Prime Minister's Office here to submit a memorandum calling for the exclusion of foreign workers in the minimum wage policy.
The group, which claimed they represented 57 business associations, however, stated their support for the minimum wage policy for local workers.
Associated Chinese Chambers of Commerce and Industry of Malaysia council member Tan Poh Seng said the inclusion of foreign workers in the policy is "a slap and a burden" to business owners, adding that it will cause unhappiness among local workers.
He said previously, the Malacca Chinese Chambers of Commerce and Industry had passed a memorandum to the government on the matter, but it was not given serious consideration.
"We are submitting the same memorandum again to politicians and the government.
"We want members of the parliament to do more research on this matter, which we feel was implemented in a hurry," he told reporters after handing over the memorandum to the National Wages Consultative Council secretary T. Shanmugam.
On Jan 21, it was reported that the cabinet will decide "in one or two weeks" if foreigners will enjoy the same minimum wage as Malaysian workers.
Human Resources Minister Datuk Seri Dr S. Subramaniam said Malaysia is bound by labour and international laws, which call for no discrimination based on nationality, religion, creed or race.
He said due to the implementation of the minimum wage policy, the cost of employing foreign labour has gone up, and this was being deliberated by the cabinet.
The minimum wage in the peninsula is RM900 while it is RM800 in Sabah and Sarawak.
Office assistants left out of courses | theSundaily
Office assistants left out of courses
A study conducted by the Public Service General Office Assistants Union revealed at least 20% of its members nationwide have not undergone development courses.
Cuepacs secretary-general Lok Yim Pheng said it is shocking that 20% out of 32,000 members nationwide have not attended these courses. She said it is mandatory for civil servants to attend training programmes at least seven days a year to fulfil requirements of the public sector training policy.
"In a big organisation, it is important to start from the bottom. These people are important groups as they are the machinery that support the organisation; it will be difficult to get things done without them," she told a press conference today.
On a separate matter related to a general office assistant who was sacked, Loke hoped for a win-win solution. She said the office assistant at a college in Selangor was sacked last October as he did not report to his new place of transfer, 200km from his original place of work.
"We hope the assistant and his superior will resolve the issue. The assistant must be given an opportunity to explain himself too," she said.
It was revealed trouble started for the man when he was suspected of reporting alleged misconduct of a superior to the Malaysian Anti-Corruption Commission.
However, Loke said there is no proof he had lodged the report.
She added the office assistant appealed but there had been no reply from the institution.
A study conducted by the Public Service General Office Assistants Union revealed at least 20% of its members nationwide have not undergone development courses.
Cuepacs secretary-general Lok Yim Pheng said it is shocking that 20% out of 32,000 members nationwide have not attended these courses. She said it is mandatory for civil servants to attend training programmes at least seven days a year to fulfil requirements of the public sector training policy.
"In a big organisation, it is important to start from the bottom. These people are important groups as they are the machinery that support the organisation; it will be difficult to get things done without them," she told a press conference today.
On a separate matter related to a general office assistant who was sacked, Loke hoped for a win-win solution. She said the office assistant at a college in Selangor was sacked last October as he did not report to his new place of transfer, 200km from his original place of work.
"We hope the assistant and his superior will resolve the issue. The assistant must be given an opportunity to explain himself too," she said.
It was revealed trouble started for the man when he was suspected of reporting alleged misconduct of a superior to the Malaysian Anti-Corruption Commission.
However, Loke said there is no proof he had lodged the report.
She added the office assistant appealed but there had been no reply from the institution.
IndustriALL demands real action after fire in Bangladesh | Industriall
7 die and 20 are injured in a blaze at a garment factory in Dhaka only two months after the tragic fire at Tazreen factory in November last year which took the lives of 112 people.
The fire emerged during lunch time on 26 January at a small garment factory Smart Fashions in Bangladesh capital Dhaka. The 7 reported victims have all been identified and are all female workers between 15 to 28 years old. The factory is said to employ 300 workers.
Reportedly, garments for some famous brands including Bershka and Lefties (Inditex), KIK, New Look, were found on site. Inditex says that it was not aware of an unauthorized subcontractor to an Inditex supplier with poor fire safety conditions. Inditex and IndustriALL Global Union have agreed on joint action based on their global framework agreement. It covers also suppliers and their subcontractors, which shall provide a safe and healthy workplace to their employees. The incident demonstrates the difficulties major companies have in controlling their global supply chains.
Soon after the tragedy at Smart Garments, Inditex and IndustriALL exchanged information they received from their partners and affiliates in Bangladesh, and started working on a remediation action plan. A joint mission will arrive in Dhaka on Tuesday 5 February to examine the situation and discuss necessary measures to minimize the effects of the incident to the victims.
Jyrki Raina, General Secretary of IndustriALL Global Union commented, “It is with great sadness that we have learned of another fire incident that claimed the lives of seven young female colleagues in the garment sector and caused injuries to many other workers. As in the Tazreen Fashion case, poor safety conditions resulted in a tragedy at Smart Fashion. Our deepest condolences go to the families of the perished and injured workers.”
“IndustriALL Global Union is calling for urgent and serious action to prevent further tragedies. We invite all major international brands, national employers and the government of Bangladesh to start an urgent discussion with us on a concrete plan of action. It must include strict health and safety regulations, efficient inspection and union participation in workplace cooperation, ensuring freedom of association in line with internationally recognized ILO labour standards, and a program to raise minimum wages to at least living wage levels in the country,” added Raina.
Over 4,500 factories operate in the garment sector of Bangladesh. Working conditions remain poor and the wage for most workers amounts to 3000 BDT ($38 US) per month making it only one third of a living wage in Bangladesh. After years of service, based on seniority, a worker can eventually reach 5,500 BDT (approximately $70 US).
Very few factories are unionized, despite the effort of trade unions to get registration enabling them to conduct collective bargaining. In the Dhaka region out of 26 unions fulfilling the condition of majority representation at the enterprises only one has so far received official registration enabling them to bargain collectively. Hence the difficulty for the workers to raise their concerns on safety to a trusted entity: a union which could bargain with the employers on safety issues among others.
Prior to the incident, on 23 January, Monika Kemperle, Assistant General Secretary of IndustriALL met with the buyers’ representatives in Bangladesh where both recognized the importance of engaging all stakeholders for a common approach and that the government takes primary responsibility in ensuring the safety of the workers.
Together with affiliates IndustriALL will join an ILO Conference promoting fundamental principles and rights at work which will take place on 3 to 4 February in Dhaka. This conference will serve to make strategic planning and to analyze needs and build capacity of garment sector trade unions in Bangladesh.
Reportedly, garments for some famous brands including Bershka and Lefties (Inditex), KIK, New Look, were found on site. Inditex says that it was not aware of an unauthorized subcontractor to an Inditex supplier with poor fire safety conditions. Inditex and IndustriALL Global Union have agreed on joint action based on their global framework agreement. It covers also suppliers and their subcontractors, which shall provide a safe and healthy workplace to their employees. The incident demonstrates the difficulties major companies have in controlling their global supply chains.
Soon after the tragedy at Smart Garments, Inditex and IndustriALL exchanged information they received from their partners and affiliates in Bangladesh, and started working on a remediation action plan. A joint mission will arrive in Dhaka on Tuesday 5 February to examine the situation and discuss necessary measures to minimize the effects of the incident to the victims.
Jyrki Raina, General Secretary of IndustriALL Global Union commented, “It is with great sadness that we have learned of another fire incident that claimed the lives of seven young female colleagues in the garment sector and caused injuries to many other workers. As in the Tazreen Fashion case, poor safety conditions resulted in a tragedy at Smart Fashion. Our deepest condolences go to the families of the perished and injured workers.”
“IndustriALL Global Union is calling for urgent and serious action to prevent further tragedies. We invite all major international brands, national employers and the government of Bangladesh to start an urgent discussion with us on a concrete plan of action. It must include strict health and safety regulations, efficient inspection and union participation in workplace cooperation, ensuring freedom of association in line with internationally recognized ILO labour standards, and a program to raise minimum wages to at least living wage levels in the country,” added Raina.
Over 4,500 factories operate in the garment sector of Bangladesh. Working conditions remain poor and the wage for most workers amounts to 3000 BDT ($38 US) per month making it only one third of a living wage in Bangladesh. After years of service, based on seniority, a worker can eventually reach 5,500 BDT (approximately $70 US).
Very few factories are unionized, despite the effort of trade unions to get registration enabling them to conduct collective bargaining. In the Dhaka region out of 26 unions fulfilling the condition of majority representation at the enterprises only one has so far received official registration enabling them to bargain collectively. Hence the difficulty for the workers to raise their concerns on safety to a trusted entity: a union which could bargain with the employers on safety issues among others.
Prior to the incident, on 23 January, Monika Kemperle, Assistant General Secretary of IndustriALL met with the buyers’ representatives in Bangladesh where both recognized the importance of engaging all stakeholders for a common approach and that the government takes primary responsibility in ensuring the safety of the workers.
Together with affiliates IndustriALL will join an ILO Conference promoting fundamental principles and rights at work which will take place on 3 to 4 February in Dhaka. This conference will serve to make strategic planning and to analyze needs and build capacity of garment sector trade unions in Bangladesh.
Tuesday, January 29, 2013
Owner of Smart Export Garments Ltd should be arrested immediately
asian-labour-update
A protest and condolence rally and procession organized by All Party
Garment Workers Unity, an apex body of different garment workers
federations, was held today (27.01.2013) to protest the killing of
garment workers in Smart Export Garments Ltd factory fire on 26.01.2013.
Presided over by National Garment Workers Federation (NGWF) President
Amirul Haque Amin, the rally was held in front of the National Press
Club in Dhaka city at 4:00pm. A protest procession was taken out after
the rally. The procession paraded different streets of the city. The
protest rally was addressed by President of Garment Workers Employees
League Lima Ferdous, General Secretary of Bangladesh Garment Workers
Employees Federation Kamrul Ahsan, General Secretary of United
Federation of Garment Workers Nurul Islam, President of National Garment
Workers Employees Federation M Delowar Hossain, President of Swadhin
Bangla Garment Workers Employees Federation Shamima Nasrin, President of
Bangladesh Garment Workers Federation Jahanara Begum, President of
Bangla Garment Workers Federation Kazi Mohammad Ali, President of
National Garment, Tailors, Sweater Workers Federation Md Rafiq, General
Secretary of Ekota Garment Workers Federation Kamrul Hasan, President of
Bangladesh Garment Workers League Selim Reza, General Secretary of
Garment Workers Employees Federation Arafat Zakaria Sanchoi and Joint
Secretary of Bangladesh Revolutionary Garment Workers Federation Kazi
Swapan. Expressing solidarity to the program addressed the rally by
General Secretary of garment Workers Trade Union Center Ruhul Amin,
President of Jago Bangladesh Garment Workers Federation Baharane Sultan
Bahar and President of Bangladesh Garment & Industrial Workers
Federation Babul Akter. The speakers urged all to stop playing with the
lives of the garment workers. “The workers don’t want to become dead
body after joining work in factory,” they said. The speakers demanded
immediate arrest of all, including the owner, responsible for the death
of 7 workers in factory fire. They demanded of the Government & the
BGMEA to pay compensation to the families of the dead workers as per the
definition of the “loss of earnings” and for providing advanced medical
treatment to the injured workers and to pay them adequate compensation.
They also demanded to establish safe workplace in garment factories.
The A 5-point demands was made from the All Party Garment Workers Unity
protest rally to the government and the BGMEA. The demands are as
follows: 1. Owner of the Smart Export Garments Ltd should be arrested
immediately 2. All dead workers family should be paid compensation as
per definition of “loss of earnings”. 3. Advanced medical treatment
should be provided to all injured workers. They should be paid adequate
compensation. 4. Safe workplace should be ensured in all garment
factories. Buyers, Bussiness peoplees, Government and Trade unions come
forward to do this. 5. Job security should be given to all workers. In
case the factory could not be open, arrear wages & allowances should
immediately be paid, including highest compensation. Amirul Haque Amin
,President, NGWF
Research Institute for Alternative Workers Movements
Dear friends,
As many of you may know, I am working as international director for the Korean Federation of Public Service and Transportation Workers Unions (KPTU) as well as continuing to do international work for the RIAWM. RIAWM works closely with KPTU and supports its struggle for quality public services and public sector trade union rights.
I will use this opportunity to ask you for your support for the reinstatement of KPTU and other public sector workers in S. Korea, dismissed in acts of union repression.
Please sign the attached petition and send it back to the email address or fax provided.
---
Dear Sister and Brothers,
We send you warm greetings and solidarity from the Korean Government Employees’ Union (KGEU) and the Korean Federation of Public Services and Transportation Workers’ Unions (KPTU), two public sector unions representing more than 270,000 Korean workers.
We are writing to ask for your solidarity concerning an issue of dire importance to public sector workers in South Korea. Over the last several years, hundreds of KGEU and KPTU members have been unfairly dismissed from their jobs in retaliation for legitimate union activities. Over 300 of these workers have yet to be reinstated. Among them are KGEU President Kim Jungnam and General Secretary Gwak Gyu-woon, dismissed from their jobs as government employees shortly after Park Geung-hye, the candidate of the conservative New Frontier Party, was elected as South Korea’s next president last December. The list of dismissed workers also includes 96 members of the KPTU-affiliated Korean Railway Workers’ Union who participated in strikes against rail privatization and dozens of others who have fought to defend quality public services and public sector labor rights. The reinstatement of these and all unfairly dismissed workers is essential to healthy public sector labor relations and to ensuring the provision of quality public services in South Korea.
President-elect Park Geun-hye, the daughter of the 1960s and 70s military dictator Park Chung-hee, will take over the presidency on February 25. While Park has spoken extensively about creating wide social cohesion, her anti-labor record, her support for privatization and her promise to pursue ‘public sector rationalization’ - a euphemism for restructuring - foreshadow dark times for public sector workers. Unless a strong message is sent, it is unlikely that the new administration will pursue reinstatement. Rather, we are likely to experience even more dismissals.
We are therefore calling for solidarity from our brothers and sisters in the labor movement who support the fundamental rights of public sector workers and quality public services.
Please sign the attached petition and send it by email or fax to limwolsan@gmail.com, +82 (0)2 497-0444 by February 6 (Wed.)
We will collect all petitions and deliver them to Park Geun-hye’s transition committee before the New Years holiday begins on February 9.
A second attachment contains detailed information about unfairly dismissed members of the KGEU and KPTU.
For more information contact:
KGEU
Sunghee
Oh, tel (office): +82 (0)70 7728-4728, tel (cellular): +82 (0)10 9976-1314,
fax: +82 (0)2 2631-1949, email: kgeu.inter@gmail.com
KPTU
Wol-san
Liem, tel (office): +82 (0)70 4393-0335, tel (cellular): +82 (0)10 5003-8419,
fax: +82 (0)2 497-0444, email: limwolsan@gmail.com
Dismissed Worker Petitionfinal
Petition to President-elect Park Geun-hye for
the Immediately Reinstatement of Unfairly Dismissed Public Sector Workers
1. The Korean Government
Employees’ Union (KGEU) and the Korean
Federation of Public Services and Transportation Workers’ Unions (KPTU) are two public sector unions in
South Korea, together representing more than 270 thousand workers.
2. Currently 137 members of the
KGEU and 165 members of the KPTU dismissed in retaliation for legitimate union
activities have yet to be reinstated. Thousands of other KGEU and KPTU members
have been subjected to other forms of disciplinary measures in relation to
their union activities.
3. The majority of dismissed
KGEU members were fired for having participated in the struggle against the
enactment of the ‘Public Officials’ Trade Union Act’, written to severely restrict the fundamental
labor rights of government employees, or for having criticized misguided
government policy. The majority of dismissed KPTU members, workers at public
enterprises, were dismissed for opposing public sector privatization and other
government policies that threaten quality public services, or because they
sought to form unions in order to improve poor working conditions.
4. Despite the fact that a ‘Special Act on the Reinstatement of Government
Employees Dismissed or Disciplined in Relation to Union Activities’ received support by a majority of the members
of the 19th National Assembly, and was formally proposed in June
2012, the administration and related government offices have not made any
effort to move it forward.
5. The unfair dismissal of
public sector workers results from and furthers the deterioration of public
sector labor relations. The economic, social and psychological difficulty
suffered by those who have been without jobs for extended periods is not only a
problem of labor rights but also a severe violation of basic human rights.
6. We call on President-elect
Park Geun-hye to commit to the reinstatement of all unjustly dismissed public
sector workers and to restoring the status of those who have been subjected to
other forms of disciplinary measures. These acts are necessary for the
normalization of public sector labor relations, the correction of human rights
violations and the protection of quality public services.
2013. 1.
Union/Organization: Name:
Email:
Background on Dismissed KGEU KPTU members.
Unfairly
Dismissed Public Sector Workers and Related Demands
(As of Jan. 2013)
1.
Korean Government Employees’ Union
(KGEU)
1)
Overview
- As of January, 2013, 137 workers
have been unfairly dismissed (without reinstatement) in relation to their
activities with the KGEU
* KGEU President Kim Jungnam Kim
and General Secretary Gwak Gyu-woon were dismissed from their jobs as
government employees in Gangwon Province and Daegu respectively in January
2013, shortly after the election of New Frontier Party Candidate Park Geun-hye
as South Korea’s next
president.
- Most dismissed KGEU members were excluded from public office for having
been absent for a single day of work when they participated in a full
membership strike carried out in relation to the enactment of the Public
Officials’ Trade
Union Act in 2004.
- During the Myung-bak Lee administration, 20 additional KGEU members
were dismissed for having made simple statements of opposition against
government policy.
- Due to the long period of unemployment, which for many extends from 8
to 10 years, some dismissed workers have now past retirement age.
- Long periods of unemployment have led to severe economic, social and
psychological hardship, not only for the workers in question, but also for
their families.
2)
Dismissed KGEU Members by Age (as of January 2013)
Total
|
Below 40
|
40 to 44
|
45 to 49
|
50 to 54
|
55 and above
|
137
|
2
|
23
|
51
|
45
|
15
|
3) Dismissed KGEU Members by Division
(as of January 2013)
Total
|
Gangwon
|
Gyeonggi
|
S. Geongsang
|
Gwangju
|
Education
|
National Assembly
|
Daegyeong
|
Universities
|
Courts
|
Busan
|
137
|
15
|
19
|
5
|
5
|
3
|
1
|
7
|
2
|
3
|
3
|
Seoul
|
Elections Committee
|
Ulsan
|
Incheon
|
S. Jeolloa
|
N.Jeolla
|
Jeju
|
Central
|
S. Chungcheon
|
N. Chungcheong
|
|
24
|
1
|
15
|
9
|
4
|
1
|
1
|
4
|
2
|
13
|
4)
Analysis
1. The problem of dismissed workers is used as a basis for continued
labor repression
- Since the KGEU was formed through the merger of government employee’s unions on September 26, 2009, the government has rejected the union’s notification of establishment three times on the basis that it has
dismissed workers among its membership.
- Measures such as preventing dismissed workers from access to government
buildings are being used to create animosity and isolate dismissed workers from
their colleagues.
2. Failure to reinstate dismissed workers is leading to a deterioration
in labor relations.
- Per Article 33, clause 2 of the South Korean Constitution, the government
has the responsibility to protect government employees’ fundamental rights in law. Nonetheless the government has sought to
blame government employees for the fact that such a law has not been enacted.
- In relationship the establishment of KGEU’s precurssor in 2002 and the struggle against the Public Officials Trade
Union Act, the government had already agreed to the union’s demands.
- The government has reinstated the teachers fired in the process of the
establishment of the Korean Teachers and Education Workers Union. Considering
this precedent, those dismissed during the formation the public employee’s union should be reinstated immediately.
- The reinstatement of dismissed government employees would alleviate one
of the main sources of conflict plaguing government employee labor relations.
It would be the first step towards the establishment of rational labor
relations and harmonious relations among government employees.
5)
Demands
1. Complete pardon for and simultaneous reinstatement of all 137
dismissed KGEU members
- Complete pardon for and simultaneous reinstatement of all dismissed
KGEU members
- Inclusion of periods between dismissal and reinstatement in pay scale
and seniority calculations
- Recognition that dismissed government employees were fired in relation
to activities aimed at reforming public administration for the better
2. Enactment and amendment of related laws
- Enactment of the ‘Special
Act on the Reinstatement of Government Employees Dismissed or Disciplined in
Relation to Union Activities
- Amendment of related laws to guarantee inclusion of period of dismissal
in calculation of seniority and government employee pensions.
6)
Special Act on the Reinstatement of Dismissed Government Employees
- The ‘Special
Act on the Reinstatement of Government Employees Dismissed or Disciplined in
Relation to Union Activities’ was
introduced in the 18th National Assembly by Democratic Party representative
Young-Pyo Hong but was not processed.
- 88 National Assembly members from both the ruling and opposition
parties, 1 metropolitan council leader, 26 local government leaders, 327 local
council members and some 100 thousand union members and citizens signed a
petition calling for the enactment of the law.
- During the 18th National Assembly, the enactment of legislation for
complete pardon for and simultaneous reinstatement of dismissed government
employees was made part of the platform of the Democratic United Party
(DUP).
- At the time of the 19th General Elections KGEU President Kim
Jongnam and DUP Chairperson Han Myung Sook signed a policy agreement
reaffirming the commitment to pursue such legislation as part of the party
platform.
- After the opening of the 19th General Assembly the Special
Act was introduced by DUP Representative Hong Young-pyo in July 2012, but did
not move past the sub-committee level.
2.
Korean Federation of Public Services and Transportation Workers’ Unions (KPTU)
Total Dismissed KPTU members
Form of Employment
|
Number
|
Total
|
Public Enterprise Regular Employment
|
139
|
435 +
|
Public Enterprise Irregular (Precarious) Employment
|
266 +
|
|
Private Enterprises in the Public/Transport Sector
|
30 +
|
Workplace
|
Number
|
Reason
for Dismissal
|
|
1
|
5 power generation companies
|
6
|
Union activities
|
2
|
Korean Railroad Corporation
|
96
|
Strikes in 2003 and 2009
|
3
|
Korea Rural Economic Institute
|
1
|
Union activities
|
4
|
Korea Institute of Science and Technology
|
1
|
Union activities
|
5
|
Korea Advanced Institute of Science and Technology
|
2
|
Union activities
|
6
|
National Heath Insurance Service
|
12
|
Disciplinary dismissal related to union activities (KCTU)
|
7
|
National Pension Service
|
2
|
Union activities
|
8
|
Busan Transportation Corporation
|
1
|
Union activities
|
9
|
Deagu Metropolitan Transit Corporation
|
13
|
Union activities
|
10
|
Seoul Metropolitan Rapid Transit Corporation
|
4
|
2010 strike and other union activities
|
11
|
Korea Rail Network Authority
|
1
|
Union activities
|
Total
|
139
|
||
B. Characteristics of Dismissals
1. Dismissals for strikes against privatization, other efforts to defend
quality public services
- Dismissed for strikes against privatization (power generation), to win
a workforce increase to improve the service quality (Daegu transit),
privatization of the facilities team (Korea Institute of Science and
Technology)
2. Dismissal after designation of a legal strike as illegal
- Korea Railroad Corporation workers engaged in a legal strike in 2009.
President Lee Myung-bak, however, called the strike illegal and promised stern
action leading to the dismissal of 180 workers. Many of these workers have been
reinstated in accordance with court decisions, however there are still 96
railway workers (including those dismissed in relation to a previous strike in
2003), who have yet to be reinstated and recent court ruling indicate the
possibility of more dismissals.
3. Dismissal as union busting
- The managements of public enterprises have closely monitored union
officers and intentionally targeted them for dismissal. There are numerous
cases of the disciplinary dismissal of union members simply because they wrote
comments on the bulletin boards on union websites or participated in KCTU
activities.
C. Demands
1. Reinstatement of dismissed workers in order to normalize public sector
labor relations
- The majority of dismissed public enterprise workers have been fired in
relation to their opposition to government policies affecting the public sector
(privatization, restructuring of the wage system, etc.). These dismissals are
the product of government public sector policy and further deteriorate public
sector labor relations. The government must put forth a plan for reinstating
these workers in order to normalize public sector labor relations.
2. Reinstatement of dismissed workers as a correction to human rights
violations
- Dismissed public sector workers have been out of jobs for anywhere from
one to ten years. They suffer great hardship due to long periods of
unemployment, including severe psychological distress. Such difficulties drove
one dismissed worker from the Korean Railroad Corporation to take his own life
in 2011, and many more workers are forced to seek psychological treatment.
Reinstatement is necessary to end this suffering.
2)
Public Enterprise Irregular Workers
A. Total Dismissed Public Enterprise Irregular Workers
Workplace
|
Number
|
Form
of Employment
|
Reason
for Dismissal
|
|
1
|
Korea Sports Promotion Foundation
|
7
|
direct
|
Cancelation of contract in relation to union activities
|
2
|
National Opera Choir
|
6
|
direct
|
Cancelation of contract in relation to union
activities
|
3
|
Jeju Arts Organization
|
4
|
direct
|
Cancelation of contract in relation to union
activities
|
4
|
Seongnam City Arts Organization
|
1
|
direct
|
Disciplinary dismissal in relation to union activities
|
5
|
Incheon International Airport Corporation
|
2
|
indirect
|
Refusal of succession of employment after change in
contract company in relation to union
activities
|
6
|
irregular education support workers
|
240 +
|
indirect
|
Cancellation of contract
|
7
|
Kyungpook National University Hospital
|
6
|
direct
|
Cancellation of contract
|
Total
|
266 +
|
|||
B. Characteristics
1. Dismissal through cancelation of contract targeting union members
- Irregular workers at public enterprises have established KPTU chapter
unions in order to improve the poor working conditions they face. The
managements of public enterprises target these individuals for contract
cancelation, in effect firing them.
2. Abuse of short-term contract system to replace one group of irregular
workers with another
- Dismissed irregular education support workers (at public schools) and
Kyungpook National University Hospital workers were on short-term contracts
despite actually performing permanent functions. Once their contact periods
ended they were dismissed, leaving them unemployed, while new irregular workers
were brought in to fill their places. Nationwide, over 240 education support
workers who are members of the KPTU have faced this situation, and the number
continues to rise.
C. Demands
1. Regularization of employment status of workers on short-term contracts
at public enterprises
- There are numerous irregular workers on short-term contracts at public
enterprises. To avoid the situation where such workers face dismissal only to
be replaced by other irregular worker, the structure of employment must be
changed.
2. Prohibition of outsourcing, transition to direct employment
- The practice of outsource necessary functions to private companies,
rampant among public enterprises, leads to an increase in irregular jobs and
the deterioration of working conditions, and provides a way for the actual
employer to avoid guaranteeing trade union and other labor rights. This system
must be changed.
3)
Private Workplaces in the Public/Transport Sector
A. Total Dismissed Workers a Private Workplaces in the Public/Transport
Sector
Workplace
|
Number
|
Form
of employment
|
Reason
for Dismissal
|
|
1
|
LG U+
|
1
|
regular
|
Union activities when company was Dacom
|
2
|
KT
|
1
|
regular
|
Disciplinary dismissal, supposedly for lack of
diligence after public interest disclosure
|
3
|
Seoul Chamber of Commerce and Industry
|
1
|
regular
|
Disciplinary dismissal related to union activities
(KPSU, KPTU precurssor)
|
4
|
Korea Limousine
|
2
|
regular
|
Union activities
|
5
|
Korea Airlines
|
5
|
regular
|
Strike (2 pilots), union busting (3 regular employees)
|
6
|
Dong-a University Hospital
|
1
|
regular
|
Union activities
|
7
|
Botanical Garden Yeommiji
|
2
|
regular
|
Dismissed again for demanding full reinstatement of
all dismissed workers having been reinstated individually
|
8
|
Botania
|
1
|
regular
|
Union activities
|
9
|
Korea Ginseng Corp.
|
3
|
irregular (indirect)
|
Disciplinary dismissal related to union activities
|
10
|
Rail Express
|
2
|
regular
|
Union activities
|
11
|
Taxi
|
11
|
regular
|
Union activities
|
12
|
Bus
|
undetermined
|
regular
|
Union activities
|
Total
|
30 +
|
|||
B. Demands
1. Establishment of democratic labor relations at private workplaces in
the public/transport sector
- Despite being employed at private companies, communications, hospital
and transport workers provide important public services. Union repression and
unjust dismissals are common at these workplaces. The government must take
measures to ensure democratic labor relations in these sectors.
[1] Public
enterprises (institutions) as stipulated under the ‘Act on the Management Public Institutions’
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