Evils of Casualisation: Airtel will not be allowed to enslave Nigerians

Press Conference by Comrade Abdulwahed Omar, the President of Nigeria Labour Congress (NLC) held on Tuesday 4th October 2011, at Labour House, Abuja

Ladies and Gentlemen,

The Nigeria Labour Congress (NLC) welcomes you to this press conference which is primarily to expose the evils of casualising permanent work, and the decision by the Airtel Management to enslave Nigerians on the 51st independence anniversary of our country.

As you know, Airtel took over the GSM Service Provider Zain. The company employed a handful of workers and decided to turn almost all the permanent jobs in the company into casual work.

Rather than employ staff to work in the company, Airtel contracted out the permanent jobs to two Indian companies; Spanco Channel BPO Limited and Tech Mehindra. Since these two parasitic companies cannot do the job, they in turn hired three Nigerian companies; HR Index, C.C. SNL and Bezeleel to hire Nigerians for the Airtel jobs.

Airtel then seconded hundreds of its staff inherited from Zain to these third party companies. Some of these staff had worked for seven years! It is under this exploitative arrangement the Nigerian staff were made to work; some of them without letters of appointment and identity cards, and non with a Condition of Service. These categories of workers were also denied all rights they were entitled to as Airtel staff or are supposed to benefit as staff.

Under such unbearable working conditions, the workers went on strike in July 2011 to demand for basic rights including the right to unionise and payment of incentives paid by Airtel to staff.

The NLC and its affiliate union, the National Union of Posts and Telecommunication Employees (NUPTE) intervened to protect the workers against the power of the transnational Company, Airtel, and its quite powerful collaborators in government who were threatening the workers.

On Wednesday, 27th July. 2011 the Airtel Network signed a three-point agreement with the NLC and NUPTE which was witnessed by a mutually agreed mediator, Bamidele Aturu Esq. The agreement signed by Airtel Director, Paul Usoro, SAN, and Jubril Saba, its Human Resources Manager stated clearly that the “Outstanding Third Quarter, 2010 and First Quarter 2011 Incentive Scheme “…shall be paid across board to all call centre/shop employees on modalities to be worked out by the management of Airtel on or before the 31st day of August, 2011 in consultation with the workers representatives”.

The agreement also provided that no worker will be victimized as a result of the industrial action and that the Mediator will be allowed to “resolve all outstanding industrial relations issues among the stakeholders as soon as practicable”.

Unfortunately, the Airtel Management has not implemented this agreement despite spirited efforts by the NLC, and advice by the Mediator.

To circumvent implementing this agreement, to avoid paying the workers their entitlement and to punish them for joining a union, the Airtel Management in collaboration with its parasitic partners offered the workers impossible conditions if they are to retain their jobs. They asked the workers to accept :

1. 60 per cent pay cut

2. Reduction of leave from thirty-six (36) days to six (6) days

3. A working week of six days (8 hours/day shift = 48 hours/week)

When the workers refused, Airtel decided that its Call Centres and other places these staff work should be closed and new staff recruited. When on September 30, 2011, on the eve of our country’s independence anniversary, the staff reported for work, they were shocked to find their offices shut.

Since Airtel and its partners in the enslavement of Nigerians decided to close the offices, the NLC will ensure they remain shut. The Labour Movement will not allow Airtel to do business in Nigeria if it denies workers their fundamental human rights including that of unionization which is guaranteed under Section 40 of the Nigerian Constitution.

The NLC advises Airtel Network and its collaborators to return to the negotiation table and allow the Mediator it approved, to resolve all matters otherwise, it will face with industrial actions by the NLC and its affiliates.

It is inconceivable that a company like Airtel which made over 50 per cent of its first year $17billion revenue from Nigeria alone, will seek to place Nigerians on less than half salary and deny them basic rights. This advice to Airtel, also serves as notice to all other local and foreign companies that are enslaving Nigerians that the days of exploitation are at an end.

The NLC calls on the Federal Ministry of Labour and Productivity to wake up to its duties and defend Nigerians against naked exploitation and injustice by companies like Airtel. Congress also calls on the administration of President Goodluck Jonathan to protect, defend and advance the interests of the Nigerian working people rather than allow them to be enslaved in their country by unscrupulous employers and business interests.

While workers intend to resolve these matters through peaceful dialogue and collective bargaining, the acts and actions of the employers will determine Labour’s appropriate reaction.

Thank you.

Courtesy: http://www.nlcng.org/search_details.php?id=293

MSEU: On the settlement between Maruti Suzuki management and workers representatives

MARUTI SUZUKI EMPLOYEES UNION (MSEU)
release: 2nd October

After a long struggle since August 29th and many rounds of negotiations, a settlement has been inked between the management of Maruti Suzuki India Ltd., IMT Manesar, and the workers representatives on 30th September 2011. The important thing in the settlement is that of the 62 workers, the 18 trainee workers have been taken back on duty. Of the 44 permanent workers, the termination has been revoked for the 15 workers, and now all 44 are on suspension with a legal process of enquiry that will take it course. We on our part reiterate that the pending charge-sheet are false and shall be defeated. The settlement binds us to a salary deduction for the period of struggle with a no-work no-pay rule. However the most important thing in the entire phase of standoff is the strength of the workers as a united force, which still stands unfazed and we shall come back in struggle and on duty.

With this settlement, the management-worker disagreement ends for the interim. We shall carry forth our part of the duty of production, and also ask the management to keep its promise, as set in the settlement, that it shall not take any action on the workers with bad faith or with vengeance. We thank all the central and independent trade unions, the workers in the Gurgaon-Dharuhera-Manesar-Bawal belt, and from across the country and beyond, as well as individuals concerned with our struggle, who have stood by us and lend us support in various ways. It is this strength and our unity that stands unwavering with us which is the inspiration we hold on for the time to come.

Maruti Suzuki Employees Union

President: Sonu Kumar
General Secretary: Shiv Kumar

The Hypocrisy of the ‘Poverty Line’: Seven times below the Stipulated Minimum Wage!

Peoples Union for Democratic Rights
26th September 2011

PUDR wishes to draw public attention to the recent controversy where Planning Commission informed the Supreme Court that anyone earning more than Rs 32 in urban and Rs 26 in rural areas per day is considered above the poverty line. Article 43 of India’s Constitution lays down that “(t)he state shall endeavour to secure by suitable legislation or economic organisation or in any other way to all workers, agricultural, industrial or otherwise, work, a living wage conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities”. India’s low ranking in major human development indices and the fact that an overwhelming majority of the population continue to be denied this conceptualisation of what would be considered a “fair wage”, raises disturbing questions with regard to the official standpoint on poverty.

In 1957 at the 15th Indian Labour Conference moves were made towards setting down norms for fixing Minimum Wage, a euphemism for a “living wage.’’ The 15th ILC recommended that in the first place the standard working class family should be taken to mean husband, wife and two children below the age of 14 yrs. Second, minimum food requirement should be calculated on the basis of 2700 calories daily per adult man, 2160 for woman and 1620 for the child. Further clothing requirement of 72 yards for a family per annum would be added while housing allowance corresponding to the minimum area provided for under the governments industrial housing schemes. Lastly fuel, lighting and other items of expenditure should constitute 20 percent of the total Minimum Wage.

While the Government did not accept these recommendations, Supreme Court approved these norms through its judgement in the case of U.Unichoyi v. State of Kerala (AIR 1962 SC 12) and thereby acquiring the force of law behind it. The apex court through its judgement in Workmen v. Reptakos Brett & Co Ltd (AIR 1992 SC 504) added a sixth norm – 25 percent of the total Minimum Wage was supposed to cover children’s education, medical treatment, recreation etc. The Court observed that these six norms would be nothing more than Minimum Wage at “subsistence level” which the workers must get “at all times and under all circumstances”.

Adherence to the six norms, let alone the five norms laid down by the 15th ILC, has been followed in breach. As a “living wage”, at current wage rates declared under MWA, comes to Rs 247 per day for unskilled. Rs 32 touted by the Planning Commission as “below poverty line” is less than seven times the MW which itself is a “subsistence wage”. Thus MW is seven times that of BPL rate. What this implies is that mass of our people are being robbed of their right to life by artificial constructions of poverty line. PUDR reiterates that the letter and spirit of Article 43 which forms part of the Directive Principles of State Policy be the basis for providing basic requirement to all citizens of India so that their right to a life of dignity and liberty can be ensured.

Harish Dhawan and Paramjeet Singh
Secretaries PUDR

Maruti-Suzuki: The Realpolitik of Managerial Intransigence

Ankit Mandal

Can the Maruti management’s stubbornness be explained only by its unwillingness to allow workers to have their union? This seems doubtful. Unions in India in themselves do not pose such a grave threat for managements. There must be something more to it.

Rather, it reflects a bourgeois resoluteness to bring the long pending demand for institutionalisation of the changes in the labour regime to the centre-stage of policymaking. Changes in the labour regime – casualisation and contractualisation that neoliberalism intensified have not yet been codified completely, which frequently puts managements in legal predicaments, allowing unions to pose ‘legitimate’ demands. A recent Supreme Court judgement which ordered regularisation of contract labourers employed in airports demonstrates the lag between the industrial reality and the legal framework.

In the past decade, the agenda of labour reforms could not be pushed ahead partly because of political compulsions (UPA I was supported by the left parties) and partly due to economic conundrum (the global crisis) in which the UPA regimes found themselves in.

The Maruti management’s determination is not coming from its own competitive need; rather it is representing the general will of the bourgeoisie in India. Not anyone could have acted in this manner. The central role of the automobile sector in the present phase of capitalist development and Maruti’s overwhelming leadership in this particular sector puts it at the helm of the bourgeois class.

At least, it is hard to deny that this sector has been in the forefront of demanding labour reforms. The recent statements from the Automobile Component Manufacturers Association of India (ACMAI) and the Society of Indian Automobiles Manufacturers (SIAM) testify this. These associations have been emphasising that labour reforms are crucial for the growth in the automotive industry.

Society of Indian Automobile Manufacturers (SIAM) Ex-President Pawan Goenka : “Labour reforms is high on agenda of SIAM for quite some years. We don’t have any policy on laying-off during slowdown. …We have made several presentations to the Ministry of Heavy Industries, but no serious discussion has happened yet on what could be done… One thing is certain that something has to happen. Otherwise, it will have serious impact on the sector.”

“The rigidity in labour laws has led companies to increasingly resort to outsourcing and contracting of labour. To be very precise, the need of the hour is flexible labour reforms,” General Motors India vice president P Balendran had said.

SIAM Director General Vishnu Mathur said the law should give “flexibility” on taking disciplinary actions even against a single person.

“We believe that employment will get a boost by labour reforms which is the need at the moment,” Srivats Ram, president, Automotive Component Manufacturers Association of India (ACMA) told.

The Haryana government is clearly backing the Maruti management and is not at all showing any sympathy to the workers. Haryana Labour Minister Shiv Charan Lal Sharma says, “How can it be possible for the management to take back workers against whom an FIR has been lodged and (criminal) cases have been filed”. Haryana Labour Commissioner Satwanti Ahlawat says, “During the talks, it came to notice that there is a clear intention of few persons, backed by some political support, who want to mislead workers,”.

However, even if tomorrow the Maruti management agrees to workers’ demands in toto (which is doubtful), it has achieved what it had to – it has already succeeded in bringing the state in for labour reforms. The central government has (Sep 21) agreed to set up a National Automotive Board as a nodal agency for the issues relating to this industry within 2-3 months, and that “Labour laws or in fact any law is not sacrosanct or permanent. Labour laws will have to change with time. If the industry feels so, the Labour Ministry will look into it.”

Video: Dharna in Support of Maruti Suzuki Workers (Sep 22)

Stop all your shameless anti-labor activities: Japanese Unions tell Suzuki

Mr. SUZUKI Osamu,
Chairman and President of Suzuki Motor Corporation

On behalf of National Railway Motive Power Union of Chiba (Doro-Chiba) and National Coordinating Center of Labor Unions (NCCLU), we send you a letter of protest and request.

First of all, we demand you stop immediately all outrageous and anti-labor actions, such as dismissal, job suspension, lock-out and others, which Maruti Suzuki, your subsidiary, is practicing under your direction against numerous workers whom you employed.

We are informed that your company has made “a remarkable development” as to hold a half of the car market shares in India. Further it is recently reported that you are now planning to construct a new factory to increase your domination over car production and market.

We’d like to ask you who do you think have contributed to all of your recent achievement. Was it possible for you without those workers who have devoted their toil and sweat to the car production even under low wage, long working hours, scarce time to rest and only few holidays?

It is universally established and recognized right for workers to organize their own labor union. Serious and enthusiastic international attention and solidarity of working class is now focused upon Maruti Suzuki Employees Union (MSEU) workers who have risen up for an independent labor union to bring a change to the worst working condition at the forefront of 2 million workers of Gurgaon-Manesar industrial belt.

You must know that workers of the whole world including Japanese workers of course are terribly furious at the outrageous repression of your company on the workers of MSEU, shameless revenge on workers’ protest: numerous dismissals, job suspension, lock-out since the end of August, forceful demand of signing a “good conduct bond” (an attempt of depriving workers of all right of resistance) and replacement of those dissident workers who refused to sign with scabs, or strike breakers, etc.

We strongly urge you to stop all these shameless anti-labor activities and to accept the following demands of MSEU workers:
1) Put an end to lock-out immediately and stop to force workers to sign a “good conduct bond”!
2) Reinstate all dismissed workers and punished workers!
3) Drop all accusation against MSEU workers!
4) Recognize labor rights of irregularly-employed workers and make them all regular employment!
5) Recognize the right of workers to organize themselves in labor union!
6) We heatedly condemn the outrageous arrestment carried out against President, General Secretary and another worker on Sep. 18.
Set these arrested union leaders at liberty, immediately!

Your written answer to these demand are expected to be sent to the following address:
“Doro-Chiba:
DC Kaikan Bldg. 3F, 2-8 Kaname-cho Chuou-ku, Chiba city, Chiba prefecture 260-0017, Japan”

September 22, 2011

National Railway Motive Power Union of Chiba
National Coordinating Center of Labor Unions

Maruti Workers’ Movement: Resisting Exploitation And Defending Democracy

CPIML Liberation

The workers’ struggle at the Maruti Suzuki’s Manesar plant has, once again, exposed the ugly and exploitative underbelly of liberalised ‘growth’. The intrepid struggle of young workers there is a glaring reminder that in the celebrated industrial enclaves of the national capital region, profit margins are extracted by abuse of contract labour laws, relentlessly exploitative work conditions – and above all by the brute suppression of the basic democratic right to organise and unionise. It is bringing home the fact that the Government of Haryana is treating the workers’ legally mandated right to unionise as disruptive; while it is condoning and even defending the flagrantly illegal lockout by the management!

Since the Maruti workers’ strike was defeated in 2000, the management had allowed only a pocket union to function. In the past few years, the automobile industry has chosen to cope with recession by imposing even more exploitative work conditions and even more restricted democracy. This may be the reason why many recent instances of workers’ resistance and severe repression have been witnessed in the automobile sector – at Honda in 2005, at Pricol in 2009, at Rico in 2009 followed by the workers’ strike in Gurgaon, and at Maruti in 2011.

A majority of the Maruti workers are contract workers, most of them skilled – who are paid less than half the salary for the same work, and denied various benefits. This pattern of cutting costs by employing contract labour (in violation of the labour laws) has increasingly become the norm, not only in the private sector but even in the public sector. At the Maruti Manesar struggle, a remarkable feature is the unity between the permanent and contract workers.

Some months back, the workers at Maruti’s Manesar plant had formed an independent union of their own – the MSEU (Maruti Suzuki Employees Union) – to voice their grievances over the severely exploitative work conditions. When the management dismissed and suspended the MSEU leaders in June 2011, the workers went on a strike that lasted 13 days. The strike ended with an understanding that the Haryana Government and Maruti management would recognise the MSEU, take back the dismissed workers, and refrain from further victimisation. Instead, in late August, the MSEU’s application for registration was turned down on technical grounds. On the heels of this rejection, the management swung into action. Workers were told that they could enter the factory premises only if they signed a ‘good conduct bond’ – thereby signing away their right to protest in any form. Scores of workers – all active in the formation of the union – were suspended and dismissed.

Workers refused to sign the ‘good conduct bond’ and began a dharna. Ever since, the gates of the factory have been encircled by hundreds of policemen behind a barricade. The bond itself is absolutely illegal, and the management’s action amounts to an illegal lockout. Yet, the Haryana Government has, throughout, sided with the management against the workers. During negotiations, three top MSEU office bearers were arrested after they refused to relent till all dismissed/suspended workers were taken back. Haryana Labour Minister Shiv Charan Lal Sharma defended the arrest, accusing workers of being ‘adamant’ in their demand that all dismissed and suspended workers be reinstated. The Haryana Labour Commissioner has actually made the indefensible claim that the ‘Good Conduct Bond’ is legal, while echoing the MSI management’s allegation that the MSEU and the workers’ struggle is the handiwork of ‘outside’ elements. Meanwhile, workers in other Maruti factories in the region, as well as workers in the entire Gurgaon-Manesar industrial belt have shown great solidarity with the Maruti workers’ struggle.

The young, skilled workers who are at the frontline of the sustained agitation at the Maruti plant are the emerging face of a new chapter of the working class movement in India. Many of them have strong roots in rural Haryana and western UP. Their struggle is a challenge to the two foremost (and illegal) offensives on workers’ rights by liberalisation and corporate capital – contractualisation of labour and denial of the right to unionise.

The Maruti workers’ movement is not just a trade union struggle. Their struggle for the right to organise, unionise and protest against exploitative conditions is a crucial, and welcome, aspect of the struggle to defend democracy in India today.

MSEU: Condemn the arrest of MSEU leaders

Maruti Suzuki Employees Union
18th September

We write this at a time when our movement is under attack from all quarters, and three of our leaders, namely, Sonu Kumar (the President of MSEU), Shiv Kumar (the General Secretary of MSEU) and Ravinder, have been arrested by the police in a completely unjustified and unlawful manner.

All concerned probably know the way in which processes unfolded over the past few weeks. Our leaders went to the negotiation table with the management of Maruti Suzuki and the Labour Department on the 16th of September. Talks were still going on today, when they broke down because the management stubbornly refused to take back those workers that had been thrown out.

We believe that the management, prepared for this eventuality, had already made suitable arrangements with the police and the administration. That the government and its police have been bought over by the company management is absolutely clear. When talks broke down at about 10:15 pm today, the police spared no time in arresting our leaders. The attempt, clearly, is to cripple our movement when we have refused to back down in the face of all threats and enticements.

It is known to us that Ravinder already has an FIR filed against his name; but Sonu Kumar and Shiv Kumar have never been charged before. However, looking at the foul play that the police are already indulging in, we are sure that our leaders will be charged of crimes they never committed.

This way or that, we will continue our struggle. We appeal to all to condemn such acts by this unholy alliance of the police, the government and the company management. We ask you to stand in our support, in the support of our movement, of our arrested leaders and against injustice.

Rishipal
Executive Member
Maruti Suzuki Employees Union (MSEU)

ITI-Polytechnic students extend their support to Maruti Workers

Krantikari Yuva Sangathan (KYS)
All India Revolutionary Youth Organization, Haryana State Committee.
ITI-Polytechnic Students’ Committee
,
Munshi Premchand Library, Dharodi, Distt. Jind, Haryana.
Ph. :07206621090

Comrade Sonu Gurjar,
Red Salute,

We, the students of Industrial Training Institutes (ITIs) and Polytechnic institutes of Haryana, heartily congratulate you for the struggle you have waged against the oppressive, unjust and adamant Maruti Management and extend revolutionary greetings to your struggle. We have been following the struggle you have waged through strike and other means for the legitimate demands for the last four months, are in constant touch with it and getting inspiration from it. We are well aware that we will be joining the factories in one or two years and we will be facing the same oppressive conditions that you are fighting against, whether it is a question of low wages, long working hours, unequal pay for the same work, or the question forming the union. Thus if your struggle attains victory, it will be a victory not only for you but it would a victory for the future of many of the students who are studying in ITI and Polytechnic. We are also aware that the Maruti Management is trying all legitimate-illegitimate means to weaken your struggle. They are enrolling new recruits to continue with the production on the one hand and weaken your struggle on the other.

We assure you that until the Maruti Management agrees to concede on your demands and our struggle is victorious, none of the student will apply for job in Maruti industry and will not allow Maruti Management to hold campus placements in ITI and Polytechnic institutes. If we go and work in Maruti now it will not only be your defeat but our own defeat and it will be a setback to our future.

We, the students of ITI-Polytechnic, once again extend our full support to your struggle and hope that the victory will be ours.

Inquilab Zindabad.

Bahadur,
For Krantikari Yuva Sangathan (KYS),
ITI-Polytechnic Students’ Committee.

MSEU: Appeal for contribution to struggle fund

MARUTI SUZUKI EMPLOYEES UNION,
16th September, 2011

We, the Maruti Suzuki Employees Union (MSEU), as representatives of the workers of Maruti Suzuki India Ltd, IMT Manesar, send this appeal to all concerned for financial help in the struggle fund, at a juncture when our struggle has entered a crucial phase. All workers in the industrial belt of Gurgaon-Manesar-Dharuhera-Bawal and from all across the country and beyond have expressed solidarity with us, and our fellow workers in Suzuki Powertrain India Ltd., Suzuki Castings and Suzuki Motorcycle have especially shown concrete solidarity. We have also received solidarity greetings from all sections of society concerned with the struggle of workers.

We reiterate our demands of the right to organise and unionise, to withdraw all charge-sheets against workers, and revoke the termination and suspension of workers since August 29th, and for the just demands of the contract workers. We condemn the adamant attitude of the Maruti Suzuki management who are using their money and muscle power, coercion and intimidation against workers.

As the struggle continues, we appeal to all to help us by contributing to the struggle fund. You can send your contributions directly to:

Account no. 002101566629
IFSC code: ICIC0000021
SHIV KUMAR
ICICI Bank,
Branch- Gurgaon, Sector-14, Haryana, India.

Please inform us by email at: mseu.manesar@gmail.com so that we could confirm that we received your contribution to the struggle fund.

Struggling greetings,

Sonu Kumar (President) Shiv Kumar (General Secretary) & Sumit Kumar (Treasurer)