Gold miners in Colombia won their first-ever contract, one that included an annual 3.5 percent wage increase and coverage of all sick leave up to 180 days. The collective bargaining agreement, signed with international corporation Zijin Continental Gold, critically incorporates respect and protection of workers’ rights on the job.
“I’m proud to advocate for workers’ rights and benefits at the Zijin Continental Gold Company. That’s what we seek: to protect workers and ensure they and their families have a better quality of life,” says Sergio Alexander Moreno Moreno, president of Sintramienergética Seccional Buriticá. The union includes more than 450 members at the Buriticá branch and 4,000 members nationwide.
The miners endure difficult conditions with low pay and, over 15 years, had won several arbitration awards. With Solidarity Center support, workers reached the August agreement with the company through negotiation and joint dialogue with the government among representatives of governments, employers and workers on issues of common interest relating to economic and social policies.
The union also negotiated creation of a Labor Dialogue Committee to monitor the contract and ensure its compliance, an essential part of the agreement, says Daniel Esneider Valencia Duque, secretary of collective affairs and labor disputes.
The new contract for gold miners is key to establishing worker rights, says Sergio Moreno, union president.
Achieving Gains with Partnership
To achieve the significant gains for workers, the Solidarity Center engaged with union leadership in a comparative analysis of past arbitration agreements and offered communication support during the bargaining process.
“They helped us draft our fair list of demands, when we reached the collective bargaining stage,” says Cristian Rizo, union general secretary. “The Solidarity Center has greatly supported us in our growth.”
Bolstering skills training and strengthening miners collaboration is part of Solidarity Center’s regional efforts in Brazil, Colombia and Peru, where multinational corporations force miners to endure long days in difficult and often dangerous conditions.
Sharing the benefits of their union in a video, workers describe how they will benefit with the new contract, and urge others to join unions to defend their rights.
Imagine frequently working more than 11 hours a day—or even up to 16 hours a day—to earn a living. Those hours are what nearly all (93 percent) app-based passenger and delivery drivers say they must work to support themselves and their families in Sri Lanka, according to a new Solidarity Center report.
With 100 Sinhalese and Tamil platform workers surveyed in Colombo, the Sri Lanka capital, and several interviewed, Low Pay, No Support: Delivery Drivers Fight for Worker Rights, examines the struggles of app-based workers who are not covered by hard-won labor laws that mandate a minimum wage, social protections and the right to join or form a union and bargain collectively.
“The money I earn each day is just enough to cover that day’s expenses; most of it goes toward petrol and other vehicle expenses,” says Abdul Illias, who drives passengers for PickMe and Uber. “It’s not sufficient to save for tomorrow, so we must continue working daily to manage for the next day,” says Illias, a 50-year-old father of three who drives passengers (names were changed to protect workers’ privacy).
While the rapid increase in app-based jobs around the world offers millions of workers additional avenues to earn money, it also creates new opportunities for employer exploitation through low wages, lack of health care and an absence of job safety. The new report identifies these challenges and seeks to ensure platform workers receive decent work.
When the Boss Is an App
With increasing growth in the informal economy, unions, employers and the government should engage in dialogue to ensure worker rights are protected and the countries benefit from the platform economy, Credit: Solidarity Center
None of the drivers or deliverers surveyed or interviewed receive vacation or sick pay. They work long hours and rush between deliveries, risking their safety, because if they do not, the app—via the company—punishes them by lowering pay. When drivers or deliverers are injured, they receive no compensation from their employers and often do not even receive a phone call.
Ayomi, a 38-year-old bicycle delivery driver for Uber Eats, describes the hardships.
“We are on the roads for 10–12 hours a day, and we have no support if we get into accidents,” she says. “In December last year, I had an accident where both my hands were broken. I was bedridden for nearly six months. The company did nothing. The company expects us to be admitted to a private hospital for treatment to receive a larger [insurance] payout, but we can’t do that; we don’t have that kind of money.”
“There is a difference between the actual distance and what the app indicates,” says Jayasinghe Lanka, 52, a seven-year Uber driver.
“I’ve observed that Uber reduces 100 meters for every kilometer. So, when we travel 10 kilometers, it automatically reduces it by one kilometer and shows it as nine kilometers. I joined Uber when it first started in Sri Lanka. They painted a picture of paradise for us. Now, they are exploiting Uber drivers.”
Women passenger and delivery drivers experience even more difficulty, says Chiththara, 41, who supports her mother with her pay as an Uber Eats delivery driver.
“We face health and safety issues, and when we wait for orders, we don’t have a proper facility nearby for sanitary needs. We work during the night, and even though they know a woman will pick up the order, [the app] still sends us to faraway areas. The app selecting main roads instead of smaller ones would improve our safety. They should be more mindful of the roads they choose.”
Delivery and passenger drivers in Sri Lanka are now joining together to form a union—and demand change.
Building Union Strength for Decent Work
Charith Attanapola, who is organizing app-based platform workers in Sri Lanka, says drivers are “working to build strong collective bargaining power to negotiate better terms and conditions.” A key part of drivers’ campaign for fairness is addressing arbitrary and unfair algorithms. Delivery workers suffer from bans from the app, without the right to defend themselves. Among many goals, Attanapola says the union, now with 350 members, plans to advocate and negotiate transparent and fair pricing mechanisms and fair revenue-sharing models.
Attanapola and others members seek to register their union under the name Sri Lanka App Workers Unions and to negotiate contracts that establish reasonable work hours and breaks that protect workers’ health and safety, guard against exploitation and enable app-based taxi drivers and delivery workers to earn decent wages without unreasonably long hours.
“We also will advocate for safe and healthy working conditions, including measures to prevent workplace injuries and harassment,” he said. The union looks to provide solutions “for minimal to zero resting places and sanitation facilities in major cities around Sri Lanka.”
As in countries elsewhere, Sri Lanka’s app-based taxi drivers and delivery workers are classified as freelancers or self-employed workers, an independent worker status outside labor regulation.
App-based workers are seeking coverage by the same labor regulations as protect those in the formal sector, including wage rates, workplace safety and health standards and health coverage.
“I think the government should intervene in this sector and establish regulations. Otherwise, companies like Uber and PickMe will always benefit while we get nothing,” says P. Karunaratna, a driver with Uber and Pick Me.
With increasing growth in the informal economy, unions, employers and the government should engage in dialogue to ensure worker rights are protected and the countries benefit from the platform economy,
Championing worker rights in Colombo and beyond requires workers joining together, Attanapola says.
“We encourage app workers “to join the trade union and participate actively in its activities, like advocating for safe and healthy working conditions.”
The Solidarity Center established the ILAW Network in 2018 as a way for pro-labor lawyers worldwide to bring together legal practitioners and scholars in an exchange of ideas and information in order to best represent the rights and interests of workers and their organizations wherever they may be.
ILAW lawyers working together have taken legal strategies that are successful in one country and deploy them elsewhere. In doing so, they have set new legal precedents that build a stronger foundation for the expansion of worker rights around the globe.
Credit: Mosa’ab Elshamy
Solidarity Center Executive Director Shawna Bader-Blau welcomed attendees, describing the network of over 1,300 members in more than 90 countries as “uniquely situated to take on global corporations suppressing worker rights.”
She cited the successful advocacy of women labor lawyers for new International Labor Organization (ILO) treaties, like Convention 189 on domestic workers and Convention 190 on violence and harassment.
Solidarity Center Rule of Law Director and ILAW Network Chair Jeffrey Vogt laid out the conference’s purpose. “Around the world, the rights of workers and unions are under attack. Employers are well-resourced and coordinated in their efforts to shape law and policy. It is essential that workers and unions do the same. Through ILAW, we can learn from each other, build from successes and failures, and strengthen our impact through legal solidarity.”
Credit: Mosa’ab Elshamy
The importance of interconnectedness was woven throughout many plenary sessions and discussions. Networking, learning from and collaborating across countries and regions was a key part of the conference, as attendees talked about the commonalities of their work.
The opening plenary, moderated by Solidarity Center’s Rule of Law Deputy Director Monika Mehta, focused on the impact of technology in the world of work, including but not only digital platform workers, from Amazon warehouses workers to content moderators for major social media firms.
Panelist Liz Lenjo described the content moderators in Kenya who filed a lawsuit against Meta (the parent company of Facebook, Instagram and Threads) and Sama, the local contractor, citing poor working conditions, union busting and inadequate mental health support.
These workers were hired to screen posts, videos and messages for Facebook and remove harmful or offensive content. Workers spent hours viewing violent and disturbing images and videos. They were left on their own to deal with the psychological trauma. In a landmark ruling, the Kenyan court determined it had jurisdiction over Meta.
Credit: Mosa’ab Elshamy
Sandra Muñoz discussed how women in Colombia’s parliament recently passed legislation to harassment in the workplace and linked the fight for equality to equality for all. “Unless we can overcome inequality,” Muñoz said, “we can’t overcome inequality as a whole.”
Kayan Leung also described successful litigation she undertook in South Africa to establish parity in paid parental leave in order that the responsibility of care does not default to women. The ILAW Network filed an amicus brief in that case.
During the panel on Just Transition, Angelica Maria Palacios Martinez spoke about the efforts to get Colombia’s government to recognize trade unions’ essential role in Just Transition and protecting the whole population. “From the trade union world, we have called out the government to recognize us as a key player, she said, “so that these public policies are focused on protecting the entire population, and in particular, protecting the workers.”
Abdullah Nahid of the Maldives, one of the countries most affected by climate change, described union efforts to support workers in the tourism and fisheries sector.
On the panel on the informal economy, Madhulika Tatigotla discussed the growth of the informal economy in India. India’s informal economy continues to grow, as the formal sector continues to informalize as, for example, 40 percent of factory workers are now on temporary contracts. Recently, workers and their legal advocates developed a comprehensive draft law for workers in the informal economy to extend labor rights and benefits.
In the final right to strike plenary, Paapa Danquah noted the increasing international threats to the right to strike, linking it to civil liberties. “The attack on the right to strike on the international level is the first step to taking away the right to strike everywhere,” Danquah said. “Whenever you see attacks on the right to strike, there are also attacks on collective bargaining and civil liberty.” He described how the ITUC was involved in litigation before the International Court of Justice to protect the right to strike as a principle of international law.
As the conference ended, attendees discussed priorities for the coming year, from more collaboration between all members to deepening national and regional labor law networks, cross-pollination between ILAW regions, increasing engagement with social movements and Indigenous communities in order to support union growth. Attendees left the conference energized and committed to forging a robust labor law network for a stronger global labor movement.
World Cotton Day – October 9, 2024: As ubiquitous as cotton is in our everyday lives, the workers who produce and harvest this foundational crop are often invisible. This was long the case in Uzbekistan, where for decades the government forcibly mobilized millions of people, sometimes including children, to harvest cotton for state-owned enterprises. A long-running global advocacy campaign led by the Cotton Campaign, of which Solidarity Center was a founding member, helped push the government to implement reforms that brought that system to an end in 2021.
Ending state-organized forced labor was a major accomplishment, but establishing just and equitable working conditions in the cotton sector is a longer journey. With support from the U.S. Department of Labor, the Solidarity Center is working to put in place building blocks that will allow workers to ensure their rights are protected. The Solidarity Center signed an agreement with the Ministry of Employment and Poverty Reduction of the Republic of Uzbekistan and the project’s co-implementing partner, the Center for International Private Enterprise (CIPE), in December 2022 to begin project work. As the 2023 harvest season gets underway, Solidarity Center and CIPE are working closely with stakeholders in government, civil society and business to work from the field up and from oversight authorities down to build knowledge within the cotton sector about fundamental rights and strengthen mechanisms to ensure those rights are secured.
For the 2023 harvest, this includes:
In collaboration with the ministry’s labor inspection and legal team, the Solidarity Center and CIPE have prepared and printed more than 10,000 leaflets for distribution to cotton pickers during the ongoing harvest season. These leaflets provide cotton pickers with accessible and comprehensive information about their fundamental rights as seasonal workers under Uzbekistan’s Labor Code. The content covers essential worker protections and includes critical contact information, such as the Labor Inspection hotline and a project-run Telegram channel, where workers can anonymously report violations and seek free legal consultation. The leaflets have been also distributed to groups working in different regions across Uzbekistan to maximize outreach. This initiative plays a crucial role in raising awareness among seasonal workers, ensuring they are informed of their rights and the enforcement mechanisms available to them if their rights are violated. Providing clear and accessible information about legal protections and enforcement channels will be essential to empowering cotton workers to assert their rights, and increased awareness is critical to improving compliance with international labor standards, which is the route to creating a more sustainable and transparent cotton sector.
The Solidarity Center, in partnership with the Tashkent Mediation Center and the State Labor Inspectorate, successfully conducted a two-day training session October 2–3 in Tashkent aimed at enhancing the capacity of mediators to resolve individual labor disputes. The training, facilitated by a regional expert, introduced participants to mediation as an alternative mechanism for labor dispute resolution. The comprehensive curriculum, a blend of theoretical knowledge and practical exercises, equipped 10 mediators from the Tashkent Mediation Center and Labor Inspection staff with the skills to mediate and effectively resolve individual labor disputes. The head of the Labor Inspectorate emphasized the importance of continued collaboration and capacity building as critical to providing workers in the cotton sector with an effective remedy for labor rights violations.
These harvest-period activities supplement an ongoing rights awareness and education program the Solidarity Center and CIPE are implementing with workers and employers in the cotton sector. A core priority of that program in the coming year will be to ensure that all workers in the cotton sector have a written employment contract with clear, enforceable conditions of work. Employment contracts are vital to healthy labor relations that, unfortunately, are absent in many agricultural supply chains.
Recent reforms in Uzbekistan requiring labor contracts for all workers in cotton production have the potential to help the country distinguish itself as a high-road option for textile sourcing, if those reforms can be implemented and enforced. Developing workplace-level reporting and monitoring systems for workers to verify their rights are being respected, and to seek remedy if they are not, will be an important next step to positioning Uzbekistan as a leader in developing sustainable and just textile supply chains.
Funding is provided by the United States Department of Labor under cooperative agreement number IL-38908-22-75-K, through a sub-award from the Solidarity Center. 100% of the total costs of the project or program is financed with federal funds, for a total of $1,018,814. This material does not necessarily reflect the views or policies of the United States Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the United States Government.
Organizing a union of more than 200 factory workers in an economic processing zone is a feat in itself, but doing so in just nine months amid management intimidation proves the power of solidarity.
On September 3, more than 60 percent of rank-and-file workers from Hyde Sails Cebu, Inc., a sail manufacturing company, voted union yes in their certification election, with high hopes of negotiating for better benefits and wage increases.
Lucil T. Loquinario, president of the Progressive Labor Union of Hyde Sails (PLUHS-PIGLAS), said earlier this year, “In a union, you will know the true stand and strength of a person,” adding that, “We want to dispel the myth that unions are bad or illegal.”
Fast forward to today, Loquinario noted constant education and pooling strength from each member as the main drivers of their victory. “It is better that all workers know their right to organize and know what we rightfully deserve as written in law. Since management does not let us know, it is only through this endeavor that I know the due process and defense we have as workers.”
The idea of forming a union came to Loquinario in December last year, when she was inspired by a friend who informed her of her rights as a worker. She started getting curious about the benefits her co-workers could be entitled to, along with the automatic 30-day suspension they are bound to when damages are found on manufactured sails.
Loquinario said their organizing started in January—with education seminars and friendly fireside chats with co-workers through May, when the majority of workers was already pro-union. However, word of a budding union reached management.
Loquinario detailed how management started calling them rebels, even installing a security camera in the workplace canteen a few days before the election date to allegedly intimidate workers who planned to vote union yes. She added that management appealed to the Labor department and accused the newly formed union of vote buying for passing out slices of bread to hungry voters after the election.
“It’s worse now,” she said. “Even with a five-minute lapse in break time, they sent a memo to my co-workers.”
Loquinario detailed how, after the election, management started increasing surveillance and demanding written explanations from workers who returned from break a few minutes late. “It is an unreasonable and unfair labor practice,” she said.
While these actions have caused delays in securing their collective bargaining agreement, Loquinario and the union remain hopeful, stressing the importance of having “lakas ng loob,” a Filipino adage for courage.
“We hope this has a good result where we can achieve our goals as workers in proper communication with management,” she said. “Because my co-workers are there, I have more courage to fight for what is right.”
Workers suffering from heat and other environmental stresses are best able to address the effects of climate change when they do so collectively, such as through their unions—especially when they can bargain collectively, according to Laurie Parsons of Royal Holloway, University of London.
“People are experts on their experience with heat,” said Parsons. “A key neglected area is to adapt to the challenge by acknowledging workers are their own experts.”
Studying garment workers, street vendors and informal economy workers, the report concluded that unionized workers are better able to mitigate heat stress at work than workers without a union.
Rising temperatures are significantly affecting workers. More than 70 percent of workers worldwide are at risk from severe heat. While outdoor workers—such as those growing food or building communities—are among those most affected, workers suffer from heat exposure in factories, warehouses and during daily commutes.
The study finds that 55.5 percent of those surveyed report experienced at least one environmental impact in their workplaces in the past 12 months, with air pollution the most common (30.5 percent), followed by extreme heat (25.5 percent) and flooding (9 percent).
The report shows that unionized workers experience half as much heat stress as nonunionized workers, and found that collective bargaining is the most effective form of collectively protecting workers from heat stress.
Workers whose unions bargained over heat experience 74 percent fewer minutes at dangerously high core body temperatures.
As a result, Parsons demonstrates that detailed attention to workers’ bodies to monitor heat “doesn’t cost a lot of money.”
But up to now, heat stress has not been addressed primarily because workers in Cambodia and elsewhere often find it difficult to form a union.
Overcoming Challenges to Joining a Union
“Workers face real obstruction,” said Somalay So, Solidarity Center senior program officer for equality, inclusion and diversity in Cambodia. So shared with panelists the ways in which employers deter workers from forming unions, the difficulties in obtaining union status to negotiate and, when workers win a union, the challenges they face when attempting to negotiate their first contract.
Yet, “despite all these challenges, workers try to achieve smaller agreements,” So said.
She described five innovative heat stress agreements that unions achieved in which a factory agreed to turn on its cooling systems and fans if the factory temperature rose above more than 35 degrees celsius (95 degrees Fahrenheit), and assigned mechanics to investigate, suggest and implement other measures if this is ineffective. To ensure companies do not argue that it is not too hot for employees to work, unions have negotiated a clause in which the factory installs a thermometer.
Union leaders also convince employers to protect workers by pointing out that it benefits the bottom line: “It is good for their reputation,” So said, adding that heat not only causes heart and lung problems and lower incomes for workers, it slows workers and their productivity.
Climate Change and Work
Workers experiencing forced migration or who work at informal economy jobs such as food vendors and waste pickers are significantly affected by heat stress because they have little or no formal protection under the law, said Nash Tysmans, organizer for Asia at StreetNet International.
“Some 61 percent of the global workforce are informal workers, yet over half of workers are the most underrepresented” by collective bargaining agreements, she said on the panel. The report found that informal economy workers are in unions experience less exposure to extreme heat.
Women workers are especially vulnerable. In Cambodia, where 85 percent of garment workers are women, heat stress can lead to violence, So said. Heat stress leads to workplace violence and harassment, with employers often responding to falling productivity leading to violence and harassment rather than addressing heat stress issues.
“When their income drops because of climate change, it translates into domestic violence and trafficking,” she said. Workers experiencing violence may leave their area or country to make a living, and can become targets of unscrupulous labor brokers. “Violence and harassment happens more with heat stress. When there is heat stress, women and children are vulnerable even at home.”
Parsons, a professor at Royal Holloway, University of London, and expert on the social, political and economic aspects of climate change, previously researched a 2022 report for the Solidarity Center in Cambodia.
“When people can exercise their rights as workers without repression, not only can they improve their own working conditions, but they can raise standards across workplaces, industries, and across society more broadly,” said moderator Sonia Mistry, Solidarity Center climate and labor justice director.
Said So: “A strong union is when you are able to organize,” so “unions can be at the negotiating table to resolve issues of workers.
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“The money I earn each day is just enough to cover that day’s expenses; most of it goes toward petrol and other vehicle expenses,” says Abdul Illias, who drives passengers for PickMe and Uber. “It’s not sufficient to save for tomorrow, so we must continue working daily to manage for the next day,” says Illias, a 50-year-old father of three who drives passengers (names were changed to protect workers’ privacy).
