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

AN UNDERSTANDING OF COLLECTIVE AGREEMENTS, TRADE DISPUTES AND INDUSTRIAL ACTIONS

AN UNDERSTANDING OF COLLECTIVE AGREEMENTS, TRADE DISPUTES AND INDUSTRIAL ACTIONS by

MTUC HQ LABOUR BULLETIN NOVEMBER 2012

MTUC HQ LABOUR BULLETIN NOVEMBER 2012 by

MTUC HQ LABOUR BULLETIN SEPT / OKT 2012

MTUC HQ LABOUR BULLETIN SEPT 2012 by

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 Koreas 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-hyes 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 Koreas 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 employees unions on September 26, 2009, the government has rejected the unions 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 KGEUs precurssor in 2002 and the struggle against the Public Officials Trade Union Act, the government had already agreed to the unions 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 employees 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 +

1) Public Enterprise[1] Regular Workers
A. Total Dismissed Public Enterprise Regular Workers

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