International Employment Relations Network List

(IERN-L)

A Miscellany of International Employment Relations News

6 January 2012

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Post to: iern-l@lists.unisa.edu.au ________________________________________________________________

Contents

Australia: Cut superannuation tax breaks, says ACTU

France : Discrimination : quand la justice se penche sur la consonance des noms du

fichier du personnel

USA: NLRB Ruling is Right on Key to Musicians’ Ears

USA: NLRB Appointments

Singapore: Ministers' starting pay cut to less than $1 million

China: Amendments to China's occupational health law get cautious welcome

Singapore: PMEs, the Labour Movement’s got your back

Singapore: Enhanced Guidelines on Fair Employment Practices

Nigeria: Indefinite general strikes, mass rallies and street protests threatened

Europe: ETUI Monthly Forum (26 January 2012): The crisis as downgrading spiral of

labour law and workers’ rights: trends and consequences for future (European) social

regulation

In Brief

Australia: Work act militancy 'must be tackled': Abbott

Australia: Shorten [Workplace Minister] stays off the waterfront for now

Australia: Productivity not so bad

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UK: London IWW Cleaners: Workplace Occupation Stopped by Police Threats

China: Beijing raises minimum wage, Shenzhen to follow next month

UK: David Cameron vows health and safety crackdown in 2012

Southeast Asia: ASEAN partners with MTV EXIT to fight Human Trafficking

Call for Papers Reminders

Special Issue IJHRM: Partnership, Collaboration and Mutual Gains

The IR Theory and IR as a Field Study Group

Conference Reminders

28th AIRAANZ 2012 Conference

IFSAM 2012 Conference

16th World Congress of ILERA 2012

Events

Book group organized by the Freedom Socialist Party: Leon Trotsky’s

Permanent Revolution

The challenges of emancipation, renaissance, decent work and sustainable

development in Africa - African trade unions and important issues for the future

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Australia: Cut superannuation tax breaks, says ACTU

ER/Australia/Superannuation/inequities

Source: Extracts from The Australian, 3 January 2012. Webpage/URL:

http://www.theaustralian.com.au/national-affairs/cut-superannuantion-tax-breaks-says-actu/

story-fn59niix-1226235176572

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UNIONS and welfare groups have vowed to push the Gillard government to overhaul

$16 billion in yearly tax breaks on superannuation contributions, declaring they are

unfairly skewed to give the most benefit to people earning more than $180,000. The

ACTU says plans to increase the superannuation guarantee levy from 9 to 12 per cent and

give an automatic co-contribution of up to $500 a year for workers on $37,000 or less do not

go far enough to correct imbalances in the system. Under the existing system, a flat tax of 15

per cent usually applies to superannuation contributions. The 200,000 people earning more

than $180,000 get a bigger tax concession as they otherwise pay the top marginal rate of 45c

in the dollar in income tax and the Medicare levy on the money.

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France : Discrimination : quand la justice se penche sur la consonance des

noms du fichier du personnel

IR/France/ Discrimination/Aibus-maghrébine

Source: Miroir Social (accessed 3 January 2012): Webpage/URL:

http://www.miroirsocial.com/actualite/discrimination-quand-la-justice-se-penche-sur-la-

consonance-des-noms-du-fichier-du-personnel

Dans un arrêt du 15 décembre 2011, la Cour de Cassation confirme le jugement de la Cour

d’Appel de Toulouse du 19 février 2010, qui avait condamné Aibus à verser 18 000 €

d’indemnités pour discrimination à l’embauche en raison de l’origine.

Le réclamant, au nom d’origine maghrébine, a effectué en 2005 une mission d'intérim en

qualité d’affûteur, après avoir déjà effectué plusieurs missions chez l'avionneur en 2001.

Un poste d'affuteur en CDI s'est ouvert au cours de la dernière mission. Il s'est porté candidat.

C'est un autre affûteur intérimaire, plus diplômé, qui a été sélectionné alors que la procédure

de recrutement ne spécifiait pas la mention d’un diplôme spécifique.

Airbus a été condamné en l’absence d’éléments objectifs justifiant sa décision de refus et sur

le constat d'une « quasi absence de nom à consonance maghrébine dans le fichier du

personnel 

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USA: NLRB Ruling is Right on Key to Musicians’ Ears

IR/USA/Freedom of Association/NLRB/Musicians

Source: AFL-CIO (accessed 3 January 2012). Webpage/URL:

http://blog.aflcio.org/2011/12/29/nlrb-ruling-is-right-on-key-to-musicians-ears/

Musicians in Pennsylvania, Massachusetts and Texas can play a happy tune following a Dec.

27 ruling by the National Labor Relations Board (NLRB) that says musicians in symphony

orchestras are employees with the freedom to join unions—not independent contractors.

Members of the Lancaster (Pa.) Symphony Orchestra sought to join the American Federation

of  Musicians (AFM) and the union filed a  petition for an election  But an NLRB regional

director ruled the musicians were independent contractors and thus ineligible for union

representation.

The Board’s 2-1 decision reversed that ruling and sent the case back to the region for further

action. Citing the Lancaster ruling, the NLRB issued decisions the following day that the

musicians in the Cape Cod Symphony Orchestra and the Plano Symphony Orchestra are also

employees with the right to join a union.

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USA: NLRB Appointments

IR/USA/NLRB/Recess Appointments\

Source: AFL-CIO, 6 January 2012. Web/URL: blog.aflcio.org

In a move to overcome Senate Republican obstruction tactics that have stalled hundreds of

vital nominations, President Obama used recess appointments to name three new members to

the National Labor Relations Board (NLRB). Republicans had vowed to block NLRB

nominees to keep the board from functioning. After Jan. 1, the NLRB had just two current

members, and without new appointees, it would not have been able to carry out most

business.

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Singapore: Ministers' starting pay cut to less than $1 million

ER/Singapore/Government/Pay Rates

Source: Straits Times Newsletter, 4 January 2012. Web/URL:

http://www.straitstimes.com/PrimeNews/Story/STIStory_751982.html

THE starting pay for ministers at the entry grade may now be under $1 million, (US$

777,000; GBP 497,661; AUS$ 751,000) down from $1.58 million last year. The committee to

review ministers' salaries has also recommended cuts in the salaries of the President, Prime

Minister, Speaker of Parliament and other political office-holders, and in the allowances of

Members of Parliament.

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China: Amendments to China's occupational health law get cautious

welcome

ER/China/Occupational Health

Source: China Labour Bulletin. Web/URL: http://www.clb.org.hk/en/node/101208

Amendments to China’s Law on the Prevention and Treatment of Occupational Diseases (职

业病防治法), approved by the National People’s Congress on 31 December 2011, will go

some way to ease the ordeal workers face in getting diagnosed and compensated for

occupational disease, according to a leading labour rights activist.

Zhang Haichao, who came to fame in 2009 when he voluntarily underwent an operation to

open up his chest in order to prove he was suffering from the fatal lung disease

pneumoconiosis, and subsequently dedicated his life to helping others in need, said “the

amended law is on the side of occupational disease victims.”

Probably the biggest impediment to compensation for occupational disease victims currently

is their inability to prove a labour relationship with their employer. As Zhang Haichao

explained:

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Usually the hospital can tell that you have pneumoconiosis, but they cannot tell if you got it

from work unless you show them your history of working in a high dust environment. And as

the majority of coal miners don’t sign labour contracts, they can’t prove that. Their boss

won’t confirm their employment because they don’t want to pay compensation.”

Under the amended law however, if workers cannot provide documentary evidence of

employment, either the work safety bureau or the hospital making the diagnosis can conduct

their own investigation and establish proof that way.

In addition, the amended law triples the financial penalty for employers who sign or change

employment contracts without informing workers of potential occupational disease hazards to

a maximum of 150,000 yuan from the previous 50,000 yuan.

The amendments also clarify the roles of different government departments, giving overall

responsibility for overseeing the work environment to the State Administration of Work

Safety. In the past, workers routinely complained at getting pushed around from one local

government department to another, all of whom shirked their responsibilities. However, work

safety bureaus in Beijing, Shandong, Hunan, Anhui and other districts have already claimed

in published documents that they lack sufficient personnel to fulfill their responsibilities.

Even after workers finally get proof of their occupational disease, they all too often discover

that their employer has gone out of business. This is especially true in pneumoconiosis cases,

which can take several years or even a decade to manifest clinical symptoms. In these cases,

the local bureau of civil affairs will now be responsible for arranging compensation.

The amendments are a response to increased public debate and awareness of occupational

disease in China, particularly pneumoconiosis, after a massive increase in the number of

cases diagnosed in the last few years. A total of 27,240 occupational disease cases were

reported in 2010, up 50 percent from 2009, compared with a 32 percent increase from 2008 to

2009. Nearly 90 percent of all occupational disease cases are pneumoconiosis-related.

During the 2011 session of the National People’s Congress in March, demands for legislative

reform reached a crescendo. After three rounds of consultation, debates and reviews, the

amendment was finalized on the last day of 2011.

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Singapore: PMEs, the Labour Movement’s got your back

IR/Singapore/Union Organising/PMEs

Source: NTUC, 27 December 2011, accessed 6 January, 2012. URL/Web http://www.ntuc.org.sg/

With the formation of a PME Alignment Team in September this year, the Labour Movement

has shown that it is serious about reaching out to the PMEs (Professionals, Managers and

Executives), the rank-and-file workers of the future.

To mark the start of a series of alignment efforts, NTUC launched the publication titled

`Workplace Rights for the Busy Executive’ on 30 November 2011 to help PMEs better

understand their employment rights at the workplace as well as help to raise awareness

among PMEs on the various services provided by the Labour Movement such as workplace

advisory and workplace representation.

The publication also aims to provide a greater understanding of the tripartite mediation

mechanism, a channel launched earlier in February to enable PMEs to seek redress and

assistance on workplace issues. Edited and written by the NTUC Legal Services Department

with inputs and feedback from unions, union leaders, industrial relations practitioners and

PME members, it is presented in a simple and reader-friendly format sans technical legal

jargon.

"The launch of this book is a pivotal milestone in our outreach to PME members and PMEs

in general in Singapore. As the Labour Movement moves ahead towards our vision for

Labour Movement 2015 (LM2015), we hope to outreach and connect to make a positive

difference to this ever-increasing segment of our workforce” (NTUC Director (Legal

Services Department and PMEs) Patrick Tay).

Singapore: Enhanced Guidelines on Fair Employment Practices

IR/ER/Singapore/ Fair Employment Practices/Foreign v Singaporean Workers

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Source: SNEF, accessed 6 January 2012. Web/URL: http://www.sgemployers.com/

Following Prime Minister Lee Hsien Loong’s call at the 2011 National Day rally for tripartite

partners namely unions, employers and the Government to develop guidelines for fair

employment and responsible recruitment practices, so that Singaporeans are given fair

opportunities in responsible recruitment and career development. SNEF has been working

closely with the Ministry of Manpower (MOM), the Tripartite Alliance for Fair Employment

Practices (TAFEP) and the National Trades Union Congress (NTUC) to develop these

guidelines so that reasonable efforts are made by employers to consider Singaporeans for job

positions on their merits, and to nurture as well as develop their potential. This will help

ensure that Singaporeans remain the core of the workforce.

Please click here for the Enhanced Guidelines on Fair Employment Practices.

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Nigeria: Indefinite general strikes, mass rallies and street protests threatened

IR/Nigeria/ Fuel Prices/ General Strike

Source: Nigeria Labour Congress, Accessed 6 January 2012. Web/URL: http://www.nlcng.org/search_details.php?id=306

In Defence of the Nigerian People on Fuel Price Increases!

Joint Communiqué of the Emergency Meeting of the National Executive Councils of the

Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) Held on 

Wednesday 4th January, 2012.

The National Executive Councils of the Nigeria Labour Congress (NLC) and the Trade

Union Congress (TUC) took place today, Wednesday 4th January, 2012.

The NLC and TUC noted that:

The Presidency announced the removal of petroleum subsidy and adjusted upward, the pump

price of petrol on 1st January, 2012 even when it claimed it was consulting Nigerians.

Due to this upward review of prices, the pump price for petrol is now selling for between

N141 and N200 per litre nation-wide rather than N65. This prohibitive increase in price of

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PMS once again confirms the position of Labour that deregulation to this government means

incessant price increase of a strategic product (petrol) that impact on cost of living, cost of

production and the general well-being of increasingly impoverish Nigerians.

The immediate generalized negative impact of this price increase on transport cost, food,

drugs, schools fees, rents, indicate that government is totally wrong to underestimate the

impact assessment of the so-called  deregulation policy.

Due to the untoward hardship workers and other Nigerians are experiencing based on

excessive increase in petrol prices,  there have been sporadic protests by Nigerians in at least

10 cities;

These protests, which are peaceful have witnessed the use of unprecedented force by the

Police leading to harassment, intimidation, arrests and the murder of a protester.

There is a subsisting understanding between Congress and the Federal government in 2009

that removal of subsidy will not commence until certain conditions have been met. These

include the fixing of all the refineries and building new ones, regular power supply, and

provision of other social infrastructure such as railways and repairs of roads as well as

eliminating the corruption associated with supply and distribution of petroleum products in

the downstream sector of the oil industry;

After exhaustive deliberations and consultations with all sections of the populace, the NLC,

TUC and their pro-people allies demand that the Presidency immediately reverses fuel prices

to N65.  If the Government fails to do so, they direct that indefinite general strikes, mass

rallies and street protests be held across the country with effect from Monday 9th January,

2012.

From that Monday, 9th January 2012 date, all offices, oil production centres, air and sea ports,

fuel stations, markets, banks, amongst others will be shut down.

We advise Nigerians to stockpile basic needs especially food and water.

We call on all Nigerians to participate actively in this movement to rescue our country. The

emphasis is on peaceful protests, rallies and strikes while refusing to be intimidated.  Labour

calls on the police, armed forces and other security agencies to reject orders that they turn

their weapons on fellow Nigerians.  We warn that anybody who does so, will be individually

brought to justice.

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The primary objective of this patriotic call and movement is to revert PMS price to N65,

restore normalcy and reclaim Nigeria for Nigerians.

No Retreat!

No Surrender!!

Forward Ever!!!

 Abdulwahed I. Omar                    Peter Esele

President, NLC                         President, TUC

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Europe: ETUI Monthly Forum (26 January 2012): The crisis as downgrading spiral of labour law and workers’ rights: trends and consequences for future (European) social regulation

IR/Europe/ Workers’ Rights/ETUI Forum

Source: ETUI (accessed 3 January 2012). Webpage/URL:

http://www.etui.org/Events/Monthly-Forum-The-crisis-as-downgrading-spiral-of-labour-law-and-workers-rights-trends-and-consequences-for-future-European-social-regulation

Speakers:

Pascale Vielle, Université catholique de Louvain (Belgium)

Stefan Clauwaert, Senior researcher ETUI

Isabelle Schömann, Senior researcher ETUI

Comments:

Patrick Itschert, Deputy General Secretary ETUC

Marie-Ange Moreau, Université Lyon 2 (France)

Moderator: Philippe Pochet, General Director ETUI

Briefing: In recent years, in a rapidly increasing number of both "old" and "new" member

states, workers and trade unions have been faced with deeply worrying trends in labour law

reform introduced subject to the claim that to make labour markets and regulation more

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flexible is one of the most appropriate responses to the crisis currently affecting Europe.

Whereas in some countries the reforms consist of rather piecemeal – yet certainly not

insignificant – deregulatory measures regarding working conditions and rights, in others they

represent a much more systematic overhaul of complete labour codes, entailing fundamental

changes to industrial relations structures and processes which jeopardise the future and

impact of social dialogue and collective bargaining in these countries. At this first Monthly

Forum for 2012 the ETUI would like to map these downward spirals in workers’ rights and

discuss their consequences and the challenges faced in the future in relation to the

preservation of existing arrangements as well as the need to devise new national and

European social regulations.

Venue: ITUH, Bd du Roi Albert II, 5; 1210 Brussels, room B

A sandwich lunch will be served from 12h15 onwards in front of the room.

EN/FR interpretation will be available.

To register for this event: Liselotte Borre

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In Brief

Australia: Work act militancy 'must be tackled': Abbott

IR/Australia/ Fair Work Act

Source: The Australian, 6 January 2012). Web/URL:

http://www.theaustralian.com.au/national-affairs/industrial-relations/work-act-militancy-

must-be-tackled-abbott/story-fn59noo3-1226237783817

Speaking in Brisbane yesterday, the Opposition Leader [Tony Abbott] said the rate of

industrial disputation had increased since the government changed and the Fair Work Act

was brought in and it was important the review of the act ordered by Workplace Relations

Minister Bill Shorten addressed these problems.

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Australia: Shorten [Workplace Minister] stays off the waterfront for now

IR/Australia/ Waterfront Dispute

Source: Financial Review, 6 January 2012. Web/URL: http://www.afr.com/

The federal government is resisting calls to weigh in on the industrial brawl on the nation’s

waterfront amid warnings a looming strike and lockout at Melbourne could damage the

economy.

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Australia: Productivity not so bad

IR/Australia/Fair Work Act/Review

Source: Financial Review, 6 January 2012. Web/URL: http://www.afr.com/

The economist on the federal government’s review of its industrial relations laws has

questioned the extent to which further economic reform can boost productivity.

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UK: London IWW Cleaners: Workplace Occupation Stopped by Police Threats

UK: IR/Cleaners/Intimidation

Source: WWI, 6 January 2012. Web/URL:

Cleaners at the Guildhall [in the City of London] have been holding a sit in and stopping

work since the 22nd of December because of mistreatment and intimidation. Early this

morning [4th of January] management called the police, who came and intimidated and

threatened the cleaners. The cleaners protested that they were holding a completely peaceful

sit-in. They finally left due to police threats to drag them out physically [sic].

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China: Beijing raises minimum wage, Shenzhen to follow next month

China/IR/ER/Minimum Wage

Source: China Labour Bulletin, 3 January 2012. Web/URL: http://www.clb.org.hk/en/node/100357?tid=90040

The Beijing municipal government increased the capital’s minimum wage by 8.6 percent on 1

January this year, and the Shenzhen government has announced it will increase its minimum

wage to 1,500 yuan a month on 1 February, making it once again the highest minimum wage

in China.

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Singapore: Videographics on Singapore Workforce, 2011 Report

ER/Singapore/Labour Market

Source: Ministry of Manpower, accessed 6 January 2012: Web/URL: http://www.mom.gov.sg/

The employment rate rose to a new high in 2011, reflecting the sustained improvement among women and older residents. Amid a tighter labour market, the median income of residents in full-time employment rose faster than a year ago, even after taking inflation into account.

Videographic: Singapore Workforce 2011

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UK: David Cameron vows health and safety crackdown in 2012

ER/IR/UK/Health and Safety Regulation

Source: CBI, accessed 6 January 2012. Web/URL:

http://www.cbi.org.uk/media-centre/news-articles/2012/01/cameron-vows-health-and-safety-crackdown-in-

2012/

David Cameron has pledged to remove “pointless” and “time-wasting” health and safety

legislation in the coming year, to help end the “culture of fear” that afflicts some business.

__________________

Dismissing Downing Street claims today (Thursday) that UK businesses are in a

“stranglehold” of health and safety ‘red tape' and compensation claims, TUC General

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Secretary Brendan Barber said: 'This shows just how out of touch with the reality of working

life Number 10 is. (NTUC, 6 January 2012 at http://www.tuc.org.uk/workplace/tuc-20447-

f0.cfm

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Southeast Asia: ASEAN partners with MTV EXIT to fight Human Trafficking

ER/Southeast Asia/Labour Markets/Human Trafficking

Source: ATUC, 28 December 2011, accessed 6 January 2012. Web/URL:

http://aseantuc.org/2011/12/asean-partners-with-mtv-exit-to-fight-human-trafficking/

PHNOM PENH – MTV EXIT (End Exploitation and Trafficking) and ASEAN have joined

forces to promote human security for ASEAN citizens in the battle against trafficking in

persons in Southeast Asia.

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Call for Papers Reminders

Special Issue IJHRM: Partnership, Collaboration and Mutual Gains, submission deadline 24 February 2012. Website: http://mc.manuscriptcentral.com/rijh

The IR Theory and IR as a Field Study Group of the International Labor & Employment Relations Association (ILERA) Meeting Monday July 2 (2012) at the World Congress meeting (July 2-5) in Philadelphia (USA). The conveners invite submissions from people who would like to make a presentation of a paper on the twin themes of the Study Group: IR theory & IR as a Field. Please email a short abstract to the group’s three conveners: Bruce Kaufman (bkaufman@gsu.edu), John Kelly (j.kelly@bbk.ac.uk), and Peter Ackers (p.ackers@lboro.ac.uk). The deadline for submissions is March 15, 2012.

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Conference Reminders

28th AIRAANZ Conference, 8-10 February, 2012, Grand Chancellor Hotel, Surfers Paradise, Gold Coast, Queensland, Australia. Website: http://airaanzweb.weebly.com/3/post/2011/03/2012-airaanz-conference.html

IFSAM 2012 Conference, Limerick, Ireland, 26-29 June 2012. Website: http://www.ifsam.org/

16th World Congress of ILERA, 16th World Congress of ILERA, 2-5 July 2012, Philadelphia, Pennsylvania, USA. Website: http://www.ilera2012.com/

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Events

Book group organized by the Freedom Socialist Party: Leon Trotsky’s Permanent Revolution. January 9, 2012 from 6:30pm to 9:30pm at Solidarity Salon Street: 580 Sydney Road, Brunswick, Melbourne. Website or Map at http://www.socialism.com/melb Phone: 03 9388 0062.

The challenges of emancipation, renaissance, decent work and sustainable development

in Africa - African trade unions and important issues for the future, Kisumu, KENYA -

23-27 January 2012. Website at http://www.ituc-africa.org/2012-New-Year-School.htm

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