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

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Prior to 2008, the differences in salaries between the main copper mining companies often did not reflect that some companies contracted out substantial portions of their operations to subcontractors that then paid a fraction of the wages for the same work done by permanent employees of the parent company. One report found that in September 2006 almost 40 percent of the copper miners were employed by subcontractors, with wages for some subcontractors only 40 to 50 percent those paid by the main company for the same work. 320 The two largest mining companies, the Indian-owned Konkola Copper Mines and the Swiss/Canadian-owned Mopani Copper Mines, both had sizeable parts of their workforces employed by subcontractors. 321 However, government officials and business representatives told Human Rights Watch that the Ministry of Labor outlined in 2008 that subcontractors had to pay salaries that were at least 80 percent of that paid by the main company to permanent employees, reducing the previous disparity. 322 As a result, while both the Chinese companies and other multinationals still use subcontractors, the wages below reflect salaries achieved through collective bargaining with unions for the employees of the parent mining companies. Table 2: Basic Pay in Zambian Copper Mining Operations as of September 2011 (Chinese Companies in Italics) Company Pay Increase 2011 Lowest Group Monthly Salary Range Middle Group Salary Range Highest Group Salary Range NFCA (underground) 10% $229-$245 (L8) $262-$296 (L5) $385-$485 (L1) China Luanshya Mine (CLM) (underground) 12% $358-$370 (UG7) $375-564 (UG4) $450-$712 (UG1) Mopani (underground) 11.5% $521-$563 (M8) $566-$608 (M7) $625-$808 (M6) KCM (underground) 11.5% $623-$726 (KCM 1) $722-$866 (KCM 3) $761-$925 (KCM 4) Chibuluma (underground) 323 13.5% $416-$489 (G8) $461-$534 (G5) $618-$691 (G1) Lumwana (open-pit only) 12% $440-$506 (J6) $609-$699 (J4) $930-$1070 (J1) Sandvik 324 (2010 salary level) (underground) n/a $460-$560 (helper, lowerlevel atrisans) $955-$1156 (higherskilled technicians and artisans) 320 Frasier and Lungu, For Whom the Windfalls, pp. 22-26. See also Dan Haglund, “Chinese ‘push factors’ and the EITI in Zambia,” https://minewatchzambia.blogspot.com, July 4, 2008. 321 Frasier and Lungu, For Whom the Windfalls, pp. 22-26. 322 Human Rights Watch interviews with high-level official in the Ministry of Labour, Lusaka, July 19, 2011; and with high-level official in Zambia’s Chamber of Mines, Lusaka, July 18, 2011. See also “MUZ Expresses Sadness,” Times of Zambia, April 15, 2008. 323 Each worker also receives a 680,000 Kwacha (US$142) subsistence allowance that appears to be unique to Chibuluma. Human Rights Watch has not included it here, despite it being standard and unique, to be consistent in reporting only the “basic pay” of each company. 324 Sandvik does not own a mine itself, but is rather a contractor that works in other mining projects. These figures come from the 2010 collective bargaining agreement, as opposed to the 2011, which Human Rights Watch was not able to obtain. 119 HUMAN RIGHTS WATCH | NOVEMBER 2011
China Luanshya Mine (CLM) is slightly more competitive in its pay than NFCA—particularly for the most skilled workers—but this appears to be a result of the context in which the Chinese investor took over the mine. While, as detailed in the Background, the Chambishi underground mine lay dormant for over a decade before NFCA reopened the mine and started production, Luanshya’s mine was dormant for less than a year. More than a dozen miners at CLM, as well as national union officials, told Human Rights Watch that the Chinese management was forced to essentially carry over the previous conditions of service— including pay—when it started production. 325 Even a high-level Zambian member of management at CLM, who otherwise defended the actions of the Chinese owners there, echoed this explanation as to why CLM paid better than the Chambishi-based operations. 326 325 Human Rights Watch interviews with miners at CLM, Luanshya, November 2010 and July 2011; with national official in MUZ, Lusaka, July 2011; and with national official in NUMAW, Lusaka, July 2011. 326 Human Rights Watch interview with high-level member of management at CLM, Luanshya, November 10, 2010. “YOU’LL BE FIRED IF YOU REFUSE” 120
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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
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unsafe, don’t do it.’ If the mi
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Best Safety Practices in Zambia’s
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Deliberate Failure to Report Accide
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50,000, 100,000 Kwacha to not repor
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Problem of Subcontractors at Konkol
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Page 78 and 79: Kateka also stressed that the under
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Page 82 and 83: III. Hours and Overtime Across Zamb
Page 84 and 85: Overtime is supposed to be four hou
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Page 88 and 89: almost never paid, even when they w
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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
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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 116 and 117: common practice in the mining indus
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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 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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â€œYou'll Be Fired if You Refuseâ€ - Human Rights Watch