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

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

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“Let me tell you, for people who complain. I once worked underground nine straight nights<br />

from 6 p.m. to 6 a.m.—and I enjoyed it.” 250<br />

Evan Mutali, the assistant human resources manager at CCS, defended his company’s 12-<br />

hour sh<strong>if</strong>ts as necessary for the mining operations:<br />

The issue of hours was brought up during the last collective bargaining<br />

agreement. The 12-hour sh<strong>if</strong>t will continue, as it’s required for our smelter’s<br />

operations [that] need to be maintained for 12 hours. If you did three sh<strong>if</strong>ts,<br />

the smelter would fail because of the sh<strong>if</strong>t change. So the sh<strong>if</strong>ts must be 12<br />

hours, because of the method and technology involved. Once the copper is<br />

put in the converters, it must go through a long process. If people knock off<br />

during the cycle, the whole thing will collapse…. This is d<strong>if</strong>ferent from other<br />

smelters, where they use fire and coal. We use oxygen, so it’s d<strong>if</strong>ficult. The<br />

labor law says 48 hours, but production is continuous. 251<br />

In its letter to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, CNMC did not claim that a 12-hour sh<strong>if</strong>t was necessary at<br />

the CCS plant, but that it was better both for productivity and from the workers’ perspective:<br />

This model for sh<strong>if</strong>t work is relatively better than that of eight-hour sh<strong>if</strong>ts<br />

in that: work and non-work hours are concentrated into longer blocks,<br />

thereby reducing the number of sh<strong>if</strong>ts and increasing stability in<br />

production; at the same time, workers can reduce the number of times<br />

they travel to and from work each month, thus reducing the amount of<br />

time spent on travelling for work, which then effectively increases the<br />

amount of time workers have for themselves. 252<br />

Whether or not the 12-hour sh<strong>if</strong>t is necessary or better for its operations, its standard use<br />

along with the weekly 18-hour sh<strong>if</strong>t at Sino Metals, is both unique in Zambia’s copper<br />

industry 253 and raises safety concerns. Many of the workers who spoke to <strong>Human</strong> <strong>Rights</strong><br />

250 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Godwin <strong>Be</strong>ene, Ministry of Mines, Lusaka, July 18, 2011.<br />

251 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Evan Mutali, assistant HR manager at CCS, Chambishi, July 12, 2011. <strong>Human</strong> <strong>Rights</strong><br />

<strong>Watch</strong> presented the claim to union officials, Zambian economists who specialize in the copper mining industry, and other<br />

Zambian copper mining experts, and they all disagreed with the contention that a 12-hour sh<strong>if</strong>t was necessary. They all said<br />

that there should not be a problem in utilizing a three-sh<strong>if</strong>t system, as is standard in copper smelters run by other<br />

multinationals. <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interviews, Kitwe and Lusaka, July 2011.<br />

252 Letter from CNMC to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, October 8, 2011.<br />

253 Smelting and processing operations at Konkola Copper Mines, Mopani Copper Mines, and Kansanshi operate on an 8-<br />

hour workday, with three work sh<strong>if</strong>ts, as discussed below.<br />

79 HUMAN RIGHTS WATCH | NOVEMBER 2011

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