Minister of Public Service, Labour and Social Welfare, Prisca Mupfumira
CURRENT international trends indicate that trade unions are increasingly being threatened as governments the world over institute stringent conditions that stifle workers’ rights so as to protect capital and the growth of national economies.
This has seen even countries with governments that have strong democratic traditions tabling proposals to establish legal barriers curtailing workers voices in negotiating collective agreements.
Notably, the United Kingdom recently passed the Trade Union Act, which has far reaching implications on trade union activities.
The Act provides that a certification officer has the power to investigate union affairs and access confidential records that include the names and addresses of union members.
The certification officer is responsible for statutory functions relating to trade unions and employers associations.
The Act also introduced the requirement for a 50 percent turnout, in order for a strike to go ahead.
In the case of “essential public services”, such as health, education, fire, transport, border security and some nuclear workers, at least 40 percent of eligible members would have to vote in favour of an industrial action for it to be lawful.
This is in addition to the 50 percent turnout requirement.
The Trade Union Act therefore curtails the freedom of the unions to decide on the use of their funds and empowers the UK government to restrict the ability of public sector unions to represent their members.
Unions are required to appoint strike supervisors whose contact details had to be given to the police.
Another supposedly democratic country, Ireland, is trying to harmonise its Industrial Relations Act with that country’s constitution.
This is despite the fact that the Act has been condemned for failing to put in place safeguards against employers discriminating towards trade union organisers.
Canada has also been placed on record by the International Trade Union Confederation (ITUC) for introducing three anti-union laws.
Bill C-377 forces unions to publish sensitive information exposing workers to possible discrimination by employers; Bill C-525 facilitates demands to have a union revoked; and Bill C-59 allows the Canadian government to unilaterally depart from the collective bargaining process.
ITUC reports that France has infringed labour rights due to the illegal use of temporary staff during strikes.
A labour inspectorate inquiry acknowledged the illegal use of temporary workers to replace strikers in a move that dilutes the impact of demonstrations.
A section of Asian countries has topped the list of being the worst zones for workers.
The ITUC-2016 Global Index shows that workers’ rights are worst trodden upon in counties like Belarus, China, Colombia, Cambodia, Guatemala, India, Qatar, Turkey, Iran and the United Arab Emirates where arrests, murders, repressive laws and police brutality are rampant.
The African continent has also recorded cases of widespread labour abuses which stifle unionism.
Countries such as Algeria have been fingered by the ITUC for violently suppressing demonstrations and using the police to disperse protesting workers.
Economist, John Robertson
Legal systems have also been used to disable trade unions operations in the country.
Algeria has also been noted for preventing the holding of meetings to discuss the country’s social, economic and political situation.
In Madagascar trade unions have also been weakened through the systematic harassment of trade union leaders.
The right to strike has been hampered due to government interference.
Criminalisation of trade union activity is rampant in Madagascar.
The situation is even worse in Mali where the ITUC reports that there is increased harassment of trade unionists.
Delays are experienced for workers seeking justice through the courts.
Police repression at union meetings is also prevalent.
In Cameroon the labour movement has been thwarted through the use of the police.
The country has been known to use live bullets and teargas on protesters.
The laws of the country are also said to have been designed to punish trade union activists.
In Zambia, the Judicial Service Commission in January fired the chairman of the Judiciary and Allied Workers Union of Zambia, Paul Chilosha, who had declared that judiciary workers intended to make their voice heard in 2016 and that President Edgar Lungu would not have it easy if he refused to increase their salaries by a reasonable amount.
Following these statements Chilosha received a letter of termination of his employment by the Judicial Service Commission.
Police picked up six workers at Zambia Post Service (ZAMPOST) during a demonstration held in Lusaka.
Workers, protesting against unilateral salary deductions and cuts on retrenchment packages, were arrested for holding an illegal protest.
“Illegal” was the definition given to the protest by ZAMPOST’s area manager for Lusaka, Henry Zimba, who defended the legitimacy of police action to pick up workers, since “the Post Office is a public place and no one is entitled to protest anyhow”.
Some hotels in Zambia have barred unionists from using their premises to hold their meetings because they feel it would influence their workers to join trade unions.
The Zimbabwe government is currently determined to introduce regulations that are departing from employee protection.
Through the Labour Amendment Act of 2015, trade union freedoms have been curtailed.
The Minister of Public Service, Labour and Social Welfare now has the power to control the use of trade union funds.
The current minister responsible for labour, Prisca Mupfumira, also has the power to interfere with the running of trade union affairs under special circumstances.
The Minister also has the power to approve or disapprove any resolution made through the collective bargaining agreement implying that even if employers agree on salary increments this can be turned down by government.
The Supreme Court judgment of July 17 last year, which empowered employers to terminate employment contracts on notice, has also added salt to the wound of the already downtrodden workforce since trade union activists can now easily be intimidated and fired.
Zimbabwe Congress of Trade Unions (ZCTU) legal adviser, Zakeyo Mtimutema, noted that the Supreme Court judgment empowering employees to terminate contracts of employment on notice had far reaching consequences.
“The implications of the Supreme Court judgment are still affecting hordes of workers and have eroded social justice, job security, pension schemes, and trade unionism and undermines collective bargaining processes…,” said Mtimutema.
Retrenchment packages have been reduced from payment of three months’ salary per every year served to the payment of two weeks’ salary per every year served.
Cases of intimidation involving labour activists at workplaces continue to be reported while the protection of trade unionists at law remains compromised.
Trade union space is poised to be further restricted if the Zimbabwe government passes the Special Economic Zones (SEZ) Bill into law.
ZCTU secretary general, Japhet Moyo
ZCTU secretary general, Japhet Moyo, said employers and employees engaged in SEZ zones would not be bound by the provisions of the Labour Act.
“Employees are the losers as they will be subjected to regulations unilaterally made by the SEZ, which may consult with the Minister responsible for labour administration and there is no consultation with employee representatives in making such regulations,” said Moyo, adding that the minister responsible for labour administration was being clipped of his/her powers because the SEZs Act is to be administered by the Minister of Finance and the Minister of Public Service, Labour and Social Welfare’s input was only on the making of regulations if the authority considered it necessary to consult the ministry.
Besides these stringent measures, pieces of law such as the Public Order and Security Act have also been used to silence the labour movement in Zimbabwe.
The Zimbabwe Banks and Allied Workers Union has a pending court application in which they are arguing that government is using the Act as an excuse to suppress trade union freedoms. The ITUC index states that 58 percent of the world’s countries exclude workers from labour law reforms, 68 percent have workers who have no right to strike, and 57 percent of countries deny workers collective bargaining.
In an attempt to trace the origins of these trends, economist, John Robertson, said that the advancement in technology and the perpetual pressure faced by companies to be industrially competent is a driving factor.
“The world is currently going through an industrial revolution of some sort hence the need for countries to remain competitive. This implies that more time should be spent on productive activities thereby minimising any threats to production,” said Robertson, who also explained that the new trend is just an attempt to bolster economic growth for the good of everyone.
However, Moyo dismissed Robertson’s claims arguing that the power dynamics facing contemporary trade unions have been there since time immemorial.
He said it is one of the reasons why workers formed trade unions to safeguard their gains and fight for more rights.
“Decisions made somewhere, like in the political structure are now being used to advance interest at the workplace. What we are witnessing now is that multi-nationals or business interests seem to be having an upper hand in the corridors of power since politicians now have business interests though they masquerade as social democrats when running for political office only to show their colours once in power,” said Moyo.
He further explained that politicians weaken the labour movement to maximise profits and use their political offices to enact legislation to control organised labour.
He said for as long as the right-wing governments are in power the more their tentacles get traction in many parts of the world.
“So democratic forces are slowly losing grip in countries like the United Kingdom and this is triggering clashes. The remedy would not be uniform because where there is informality, exploitation would continue. It becomes difficult to organise in those economies. However, there is still opportunity in strong economies for unions to reorganise and also take the fight to the political structures, which are responsible for legislation. To mitigate against the current onslaught, unions need to diversify their scope, advocate for issues traditionally deemed to be outside their scope because these are the issues which might make them attractive to the displaced workforce. As long as we have exploitation, unions will always be there, but in different formats,” said Moyo. – By Alois Vinga
newsdesk@fingaz.co.zw
Follow us on Twitter @FingazLive and on Facebook – The Financial Gazette