Annual Survey of violations of trade union rights 2012 - ITUC

Statistics

Alex Gomes — 2012-05-03T11:51:50Z

You will find statistics for all countries here. - stats / 2012

New translation: Legal Summary Switzerland

Sara Hammerton — 2012-04-26T21:41:43Z

Basic trade union rights are secured in law, but are not without limitations. The Federal Constitution explicitly recognises the right of workers to form and join unions. Although union representatives enjoy a certain degree of protection against dismissal, the Federal Court has confirmed that employers have considerable leeway due to the notion of redundancies “for economic reasons”, and reinstatement is not possible. However, a bill submitted for consultation in 2010 would increase the penalty for unfair dismissal and improve protection of elected workers' representatives against layoffs. The government has not yet decided whether or not to put the bill before Parliament for approval.

The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is limited, as all strikes must be connected to industrial relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue to be legal. The government can limit or prohibit strikes if they affect state security, external relations or the provision of vital goods and services, however there are no compensatory dispute resolution mechanisms for the workers affected. Furthermore, if a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is declared illegal, workers can be summarily dismissed and liable to pay compensation, as well as damages. Penal sanctions may also be applied. Finally, the semi-canton of Nidwald and the canton of Fribourg have introduced laws that ban strikes for the cantons' staff.

ITUC Survey 2011 updated (only last sentence of the first paragraph was modified) by USS January 2012

Trade union rights in law: Tunisia

Sara Hammerton — 2012-04-26T21:33:03Z

A decree dated 25 May concerning the regulations governing the internal security forces allows police officers to engage in trade union activity outside of work.

http://www.kalima-tunisie.info/fr/N...

New translation: legal résumé

Sara Hammerton — 2012-04-26T21:27:30Z

Although basic trade union rights are guaranteed in the law, excessive restrictions are still in place. To obtain legal recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. , unions must deposit their statutes with the competent authorities, or face a fine or prosecution. Workers have the right to bargain collectively, with the exception of merchant shipping employees.

Although the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is recognised in both the public and private sectors, it is marred with restrictions, including a requirement to announce the length of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in advance. The government also has the right to declare a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike illegal on specific grounds such as a threat to social peace and order, and can requisition requisition To issue back-to-work orders. civil servants in the event of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .

On 1^st October a new law came into force extending the ban on the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike for military personnel and police officers to customs officers and water and forestry workers.

Background Kenya

Sara Hammerton — 2012-04-26T07:26:31Z

Six high-ranking officials, including a deputy prime minister, two ministers and a police chief, appeared before the International Criminal Court in The Hague in April, accused of possible crimes against humanity in relation to the 2007-8 post-election violence. There was anger among workers in May when the government announced a 12.5% increase in the minimum wage, far short of union demands for a 60% increase in face of sharp rises in the cost of living. In November the country witnessed a wave of strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions by workers in key sectors, namely the Kenya Power and Lighting Company, Kenya Civil Aviation Authority, Kenyatta National Hospital Staff and University teaching and non-teaching staff. By the end of the year inflation was running at 19.72%.

UN News Service – by e-mail to ITUC http://www.bbc.co.uk/news/world-afr... http://www.nation.co.ke/News/-/1056... http://kbc.co.ke/news.asp?nid=73491 http://www.businessdailyafrica.com/...

Forced labour

Sara Hammerton — 2012-04-24T15:12:30Z

At the beginning of 2011, at the shop “Sam's Club” in Mexico State, a worker about 60 years old was carrying out his work, checking customers' membership I.D. One of the customers could see that something was wrong and asked what it was. The worker pointed to his belt, showing that he was tied up, saying “they have me tethered like a dog”. He had been tied up so that he could not leave his work station. The customer demanded that the manager release the worker, warning that it was a violation (...) - 4. Violations / Mexico, 3. Private employer, 04. Worker, 8. Forced labour and trafficking, 2012

Deaths of 65 workers remain unsolved

Sara Hammerton — 2012-04-24T15:09:09Z

An explosion at the Pasta de Conchos coal mine, owned by Grupo México, on 19 February 2006, killed 65 miners. Nearly five years later, the bodies of 63 of the 65 who died remain buried in the mine and the Government of Mexico has done nothing to investigate the accident or prosecute those responsible. By contrast, it has stepped up its attacks against the Mineworkers Union of Mexico, which is still demanding justice for the industrial homicide committed at Pasta de Conchos and the (...) - 4. Violations / Mexico, 2. Update, 1. State as public authority, 01. TU organisation, 07. Act to undermine or deregister a TU, 2012

Bata closes factory and does not recognise right to strike

Sara Hammerton — 2012-04-24T15:05:30Z

On 18 July 2011, workers arriving for the first shift at the Calzado Sandak shoe factory in Calpulalpan, Tlaxcala, found the factory closed. Bata International had closed the plant and dismissed 250 workers, without informing the Calzado Sandak Workers' Union (SUTCS) or the workers, and without the intervention of a labour tribunal. The company advised the workers to become outsourced home workers. Since that date, trade union dues have still been deducted. The SUTCS called a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike to protect its members' jobs, twice submitting the case to the Tlaxcala Conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation and Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party's recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation Board, and twice losing its case. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike broke out on 29 August, and was declared illegal by the Board on 21 September. The union appealed and the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was declared legal. The company challenged the decision, and the case had not been resolved by the end of the year. The workers have continued their protest.

http://www.imfmetal.org/index.cfm?n...

Mine and metal workers' union (SNTMMSRM) struggle continues

Sara Hammerton — 2012-04-24T14:57:17Z

The Grupo México mining company sought to its employment relationship with 1,200 workers. In June 2010 the army entered the Cananea mine's premises in Sonora, removing strikers in an attempt to break their strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The army stayed at the mine and paramilitary personnel have patrolled the town of Cananea ever since then. On 7 June 2011, the Department of Labour and Social Security announced that another trade union organisation and Grupo México had signed a collective agreement governing labour relations at the Cananea mine, allowing for operations to resume. This was despite the fact that the contract that it had signed with the National Mine and Metal Workers' Union of Mexico (SNTMMSRM) was still in force. In July a collegiate court handed down a final ruling that the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was illegal. Afterwards, the Supreme Court ruled on the case of the certification of the mineworkers' union, saying that the authorities should not intervene in the internal affairs of the union. By the end of the year, the certificate of registration (“toma de nota”) had still not been issued to the SNTMMSRM leadership. New trade unions, close to the government and the employers, had been registered, however.

http://www.imfmetal.org/index.cfm?c... http://www.imfmetal.org/index.cfm?c... http://www.imfmetal.org/index.cfm?c...

The struggle of the Mexican Electrician's Union (SME)

Sara Hammerton — 2012-04-24T13:27:47Z

The Fuerza y Luz company was closed down, arbitrarily and without consultation, in 2009. On 11 April 2011, 12 workers were detained for taking part in protests against the Mexican government's lack of respect for their situation. The government brought 125 criminal prosecutions against workers who took part in the protests. In July, warrants were issued for the arrest of Martín Esparza, General Secretary, Eduardo Bobadilla, Labour Secretary and Amalia Vargas Ríos, legal representative of the Mexican Electricians' Union (SME), on charges of attempted fraud, for trying to make use of the trade union dues deducted by the government since October 2009.

In June elections were held for 26 trade union posts. On 15 July the union asked to be registered by the Department of Labour and Social Security. There was no reply, and so a sit-in was organised in the central square in Mexico City, the “Zocalo”. This action was called off when registration was granted. At the end of the year the issue of the dismissals had still not been resolved and the Federal Conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation and Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party's recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation Board continued to drag out the proceedings.

VER IMF http://www.imfmetal.org/index.cfm?c... ; http://www.imfmetal.org/index.cfm?c...