“You'll Be Fired if You Refuse” - Human Rights Watch

Another underground miner at NFCA likewise recounted being pressured to return to work
despite having a serious back condition:
A couple months ago, I had a serious back problem. I was in pain all the
time. I went to Sino Zam, the doctors examined me, and they told me I
should take 14 days off. They wrote a [medical] certificate and gave me
medicine. But then soon my Chinese bosses were calling me and saying,
“Too many days absent” and “You’re not good, you’re not good.” … It pains
me, pains me that they would say this. I have worked here for so long, I’ve
hurt myself working for them, I have the doctor saying that I need this time
off. And yet they call me and tell me I’m bad because I couldn’t work
through the pain. It’s these threats, when we don’t have any job security,
that drive us back to the work even before the doctor says. 171
A nurse at Sino Zam told Human Rights Watch that they had problems with management
pressuring workers to return to work immediately, regardless of what the doctors or nurses
say. She said that the hospital keeps the records that show when workers have been given
days off, but that miners are often afraid of being fired regardless. Many, she said, do not
come for review and certification for days off in the first place, as they feel they have to go
back to the job immediately. 172
In its letter, CNMC told Human Rights Watch that “[r]egardless of one’s status and position
within the company, any person who issues orders or carries out duties in violation of
regulations, or violates labor regulations, thereby placing safety at risk, will be stopped
and strong disciplinary action will be taken against him.” 173 In regards to China Luanshya
Mine, CNMC stated, “Any instance in which workers are forced to continue working at the
risk of danger shall be dealt with through disciplinary action.” 174 While the appropriate
response, this does not accord with scores of interviews by Human Rights Watch. The
CNMC letter provides no details on any case in which a Chinese manager was subject to
disciplinary action for such threats.
When asked about the consistent stories of threats in the Chinese mining operations, the
Ministry of Mines permanent secretary, Godwin Beene, replied, “The law says, ‘If it’s
171 Human Rights Watch interview with underground boomer helper at NFCA, Chambishi, November 11, 2010.
172 Human Rights Watch interview with nurse at Sino Zam, Kitwe, November 11, 2010.
173 Letter from CNMC to Human Rights Watch, October 8, 2011.
174 Ibid.
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