â€œYou'll Be Fired if You Refuseâ€ - Human Rights Watch

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common practice in the mining industry to protect lives and safety in production. Should workers from the next shift be unable to take over in time, the worker who takes that shift and works overtime will be given overtime wages. This practice, suggested during the wage negotiations with the trade union, is recognized by both parties. B. China Luanshya Mine It has a system of three eight-hour shifts undertaken by four teams.Workers can rest on weekends or any day designated as a public holiday by Zambian law. Workers working overtime will be paid twice their usual wages. In addition, workers enjoy 24 days of paid annual leave every year. C. Chambishi Copper Smelter It has a 12-hour shift system where every worker works 20 shifts in a month (calculated according to a calendar month of 30 days). Chambishi Copper Smelter uses copper smelting technology from Australia’s Mount Isa copper smelting operation; Chambishi Copper Smelter’s shareholders are CNMC and Yunnan Copper. Yunnan Copper is the first company in China to use copper smelting technology from Australia’s Mount Isa copper smelting operation, with years of practical experience behind it. Chambishi Copper Smelter has made broad reference to the successful management experience of Yunnan Copper, and in our preliminary design, we decided to adopt its 12-hour shift system. This was implemented after discussion with the trade union, where an agreement was signed as well. This model for shift work is relatively better than that of eight-hour shifts in that: work and non-work hours are concentrated into longer blocks, thereby reducing the number of shifts and increasing stability in production skills; at the same time, workers can reduce the number of times they travel to and from work each month, thus reducing the amount of time spent on travelling for work, which then effectively increases the amount of time workers have for themselves. With respect to the potential impact of a 12-hour shift on workers’ mental and physical health, research and investigation by relevant foreign agencies (mainly Australia copper companies and other relevant research departments) have shown that the impact is not significant. In our shift system, for workers who work longer than the 48-hour work week defined in Zambian law, the company shall, in accordance with law, pay overtime wages that are 1.5 times of usual wages. D. Sino-Metals Sino-Metals considers it untrue to say, “At Sino-Metals, some departments force workers to work 365 days a year, without a day off.” The current shift lengths implemented at Sino-Metals are as follows: some departments implement 12-hour shifts, the wages for some of which are calculated as overtime wages (as they extend beyond eight hours), and the work week lasts six days. Other departments work on a five-day work week with daily working hours of eight hours (8am-12pm; 1.30pm- 4.45pm - actual work day is less than eight hours long); they rest on Saturdays and Sundays. Some of the departments do have 12-hour shifts, and though no safety issues have been uncovered, the company has already expressed concern about this a while ago. In 2010, Sino-Metals made clear to the union its view on changing the shift lengths, and during the 109 HUMAN RIGHTS WATCH | NOVEMBER 2011
wage negotiations of end-2010, stated clearly the views of management. Sino-Metals is completely in agreement that shift lengths shall be implemented in line with its workers’ wishes, and has invited the company’s trade union and its members for negotiations. The trade union has explicitly expressed that is has to be consulted on changes in shift lengths and such changes can only be made with its approval. On 31 December 2010, Sino- Metals signed a collective agreement, in which clause 2.6 (on working hours) states, “The Union in consultation with its members will prescribe to management measures that will govern the shift change procedures.” To date, the union has yet to advise on this. Sino-Metals believes that implementation of shift lengths must first be done in accordance with Zambia’s laws and must respect the wishes of the company’s workers, thus its negotiations with the union have been based on this premise. Sino-Metals management is unable to unilaterally change the system. The company shall continue to urge the trade union to, as soon as possible, recommend shift lengths that the workers wish to have, so that negotiations can take place. 3. Issue of union activities A. NFCA NFCA has always valued collaboration with the trade unions. There are currently branches of two trade unions within NFCA. There was only one union in CNMC prior to 2006. To increase competitiveness and to maximize the bridging role that unions play, as the middleman between enterprises and workers, NFCA took the initiative in requesting for the Mineworkers Union of Zambia (MUZ) to establish a branch office in the company. Local workers are basically guaranteed a ten-percent annual wage increment, with this increase being determined during the annual consultations and agreements between NFCA and the unions. After the economic crisis erupted in 2008 and the price of copper plummeted, we faced pressures in production management, but we behaved responsibly and declared that there will be “no retrenchment, no downsizing, and no pay cut.” Meanwhile, the trade union initiated having a lower wage increment. Such is a true reflection of the sincere collaboration between both parties. B. China Luanshya Mine At present, China Luanshya Mine has registered Zambia’s two major trade unions, MUZ and the National Union of Miners and Allied Workers (NUMAW), with each one establishing two branch offices according to their locations in the mining districts. Every month, the management collects workers’ opinions and grievances at routine meetings held jointly by the human resources department and the unions; depending on their needs, the management then conducts direct dialogue sessions with the union. The union and management enjoy open communication channels with each other, as well as a stable relationship. Since 2009, three collective negotiations have taken place without major disputes. C. Chambishi Copper Smelter The company has never interfered with the right of any employee to join a union. In 2008, the Chambishi Copper Smelter signed a recognition agreement with NUMAW, agreeing to abide by relevant laws in establishing a branch office in the company. The union’s branch office has about 400 members. In 2009, we held talks with another trade union MUZ to discuss it “YOU’LL BE FIRED IF YOU REFUSE” 110
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Zambia “You’ll Be Fired if You
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Copyright © 2011 Human Rights Watc
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Company Safety Officers without Aut
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Summary Over the past decade, China
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Chinese-run Copper Mining Companies
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uling in MUZ’s favor on the estab
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Recommendations To the Government o
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Reward managers and safety inspecto
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them as having spoken to Human Righ
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I. Background China’s role in Afr
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[The Chinese government] supports c
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History of Zambia’s Copper Indust
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Copper prices rose steadily from 20
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for CNMC in 2003—13 years after t
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policeman. Although the police inve
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underground mining has more than do
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After Mwanawasa died in August 2008
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quickly requested that the company
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of us in planning has our own compu
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Economic, Social, and Cultural Righ
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problems. In some areas, they shoul
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A national-level official at the Mi
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Personal Protective Equipment (PPE)
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Miners told Human Rights Watch that
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While Sino Metals appears to be the
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Casual Workers at Sino Metals: No P
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speak further, refuted that anyone
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Godwin Beene, permanent secretary i
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They have a safety officer in place
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frequent, that two to three a week
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empowered to refuse to continue wor
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injured in a 2009 accident, contras
Page 66 and 67: unsafe, don’t do it.’ If the mi
Page 68 and 69: Best Safety Practices in Zambia’s
Page 70 and 71: Deliberate Failure to Report Accide
Page 72 and 73: 50,000, 100,000 Kwacha to not repor
Page 74 and 75: Problem of Subcontractors at Konkol
Page 76 and 77: are also corruption issues, a serio
Page 78 and 79: Kateka also stressed that the under
Page 80 and 81: Physical Abuse by Chinese Superviso
Page 82 and 83: III. Hours and Overtime Across Zamb
Page 84 and 85: Overtime is supposed to be four hou
Page 86 and 87: “Let me tell you, for people who
Page 88 and 89: almost never paid, even when they w
Page 90 and 91: Even when it is not an emergency si
Page 92 and 93: IV. Anti-Union Activities If you do
Page 94 and 95: Sino Metals still does not allow us
Page 96 and 97: that once such a committee is estab
Page 98 and 99: Intimidating Union Representatives
Page 100 and 101: A union representative at Sino Meta
Page 102 and 103: exercising or for the anticipated e
Page 104 and 105: V. Conclusion This report seeks to
Page 106 and 107: HUMAN RIGHTS WATCH 350 Fifth Avenue
Page 108 and 109: hour shifts, though generally only
Page 110 and 111: 收件人 : 人权观察非
Page 112 and 113: acknowledged by various parties. In
Page 114 and 115: the wearing of PPE (including those
Page 118 and 119: egistering with the company. Howeve
Page 120 and 121: Annex II: Copper Price, 2001-2011 1
Page 122 and 123: 2009 Financial Summary for the MSD
Page 124 and 125: Annex IV: Wages in Chinese and Othe
Page 126 and 127: Prior to 2008, the differences in s
Page 128 and 129: Annex V: Salary Breakdown at Sino M
Page 130: H UMAN R I G H TS WATCH 350 Fifth A
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