“You'll Be Fired if You Refuse†- Human Rights Watch
“You'll Be Fired if You Refuse†- Human Rights Watch
“You'll Be Fired if You Refuse†- Human Rights Watch
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Equipment damaged ahead of the scheduled date of replacement should be replaced, but<br />
depending on the spec<strong>if</strong>ic circumstances, the costs incurred shall be borne either by NFCA<br />
or the worker himself. Should a worker not abide by relevant laws and relevant company<br />
policies governing the proper wearing of required protective equipment, the worker will be<br />
strictly prohibited from entering and working in the workplace.<br />
In 2010, the company further supplemented and improved measures to manage protective<br />
equipment for workers. It laid down detailed regulations regarding personal protective<br />
equipment for all forms of work within the company, as well as the replacement timeframe<br />
for the protective equipment. According to Zambia’s safety and environmental protection<br />
laws, respirators are not required on all jobs, however NFCA has provided respirators, dust<br />
masks, and other protective equipment that meet safety standards. These regulations were<br />
officially implemented on1 January 2011.<br />
Herein is an issue that requires special mention. NFCA’s underground mining operations<br />
have been subcontracted to a Chinese company, JCHX Mining Management Co., Ltd<br />
(JCHX), using a management model where on-site projects operated by JCHX come<br />
under the central management of NFCA through NFCA’s Mining Department.<br />
For the past few years, through the concerted efforts of both parties, a positive record has<br />
been achieved through stable progress in production management. However, JCHX had<br />
yet to be registered as an independent legal entity in Zambia, which brought about many<br />
problems for NFCA in its management operations and resulted in NFCA being subject to<br />
repeated criticisms from Zambia government departments including the tax department,<br />
audit department, mining department and safety department.<br />
To this end, we have repeatedly requested for JCHX to register as an independent<br />
legal entity in Zambia.<br />
In 2010, during the process of finalizing the 2011-2013 mining contract, JCHX obliged<br />
with our request to register as an independent legal entity in Zambia. After it registered as<br />
an independent legal entity in Zambia, both parties signed the mining contract. This was<br />
highly commended by Zambia’s mining department, which believes that it is essential for<br />
the regulation of companies’ production and management.<br />
In addition, NFCA believes that language and cultural d<strong>if</strong>ferences during communication<br />
and interaction with workers, as well as during work planning, could have possibly<br />
resulted in misunderstandings about the actual state of affairs. The company’s actual<br />
intent behind various work issues may have not been thoroughly and clearly expressed to<br />
the workers, which would have assisted them in understanding, accepting, and supporting<br />
such matters. Nevertheless, opinions and recommendations provided by the workers have<br />
been beneficial and will further improve NFCA’s management standards, but NFCA is<br />
also of the view that the opinions of some are not representative of the opinions held by<br />
all Zambian workers.<br />
B. China Luanshya Mine<br />
The claims of the report run contrary to the practices at China Luanshya Mine. Since the<br />
takeover of Luanshya Mine in 2009, appropriate safety management measures have been<br />
implemented at Luanshya Mine, the safety situation has been stable, and this has been<br />
“YOU’LL BE FIRED IF YOU REFUSE” 104
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