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

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III. Hours and Overtime<br />

Across Zambia’s Copperbelt, miners in the Chinese-owned companies work under d<strong>if</strong>ficult<br />

conditions for very long hours. At one extreme, some miners at Sino Metals described<br />

working a 78-hour week, while others described working 365 days a year without a day off.<br />

The standard Zambian work week, followed by other copper mining companies, is six days<br />

of eight hours each day. 239 And those working the extended hours for the Chinese mining<br />

companies often do not receive overtime, or receive far less than they are entitled by law.<br />

Excessive Working Hours at Sino Metals, CCS<br />

Workers in the Chinese copper processing operations, Sino Metals and Chambishi Copper<br />

Smelter (CCS), often work far longer hours than the 48-hour week considered “normal”<br />

under Zambian law. This work generally takes place in demanding conditions with harmful<br />

chemicals, fumes, and dust. Most miners at Sino Metals and CCS work 12-hour sh<strong>if</strong>ts—in<br />

contrast to the eight-hour sh<strong>if</strong>ts that are standard in every other copper mining and<br />

processing operation in Zambia. Miners in certain departments at Sino Metals must work<br />

365 days a year, or be docked pay for any absence. These conditions, particularly in the<br />

mining context, are likely to put workers at greater risk of injury.<br />

A high-level official for the National Union of Miners and Allied Workers (NUMAW)<br />

contrasted the hours at the Chinese copper mining operations to other international<br />

companies in Zambia:<br />

Some workers in Chinese mines are forced to work 12 hours or more a day<br />

for six days a week. Compare this to KCM [Konkola Copper Mines], where in<br />

the open pit they have four sh<strong>if</strong>ts and elsewhere they have three. So people<br />

work four days, with three days off; or five days, with two days off. And only<br />

eight hour sh<strong>if</strong>ts. It’s the same at Mopani…. The Chinese want people to<br />

work seven days a week, and longer hours. It’s one of the most common<br />

complaints we receive, but the Chinese refuse to change. 240<br />

At Sino Metals, miners in the crusher department and truck drivers—who travel from the<br />

Chambishi plant to an area outside of Chingola where they load the low-grade copper that<br />

239 Republic of Zambia, Chapter 276: The Minimum Wages and Conditions of Employment Act, No. 25 of 1982, as amended<br />

by Act No. 13 of 1994, art. 3 (“The normal weekly hours of work for any employee shall not exceed forty-eight hours.”).<br />

240 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with NUMAW national union official, Kitwe, November 7, 2010.<br />

75 HUMAN RIGHTS WATCH | NOVEMBER 2011

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