Dec 11, 2024
Thousands of teachers rallied in Pristina on December 5 to demand that the government meet with them to resolve longstanding poor work conditions and unfair compensation. For more than two years, Kosovo’s Ministry of Education has refused to meet with Kosovo teachers’ union SBASHK or implement a long-delayed collective agreement that will improve working conditions and provide a dignified pay raise.
“By opposing a collective contract, [the minister] is also opposing education workers. When there is no dialogue, there is no democracy,” said SBASHK President Rrahman Jasharaj.
Three collective contracts that were signed previously were never fully implemented. The most recent, signed in 2021, was invalidated by the Ministry of Education in November 2022 with a promise of new negotiations, which have yet to materialize.
Teachers gathered at the Education Ministry to present a raft of demands, which included that the government recognize the sacredness of teachers’ work in educating future generations and meet with them. Teachers subsequently moved the rally to the Kosovo Assembly to further advocate for education workers and the children under their care.
The government’s refusal to meet with them, say teachers, is a cynical dismissal of their sacrifices in keeping children in school during the bloody Kosovo war and the COVID pandemic, even while they have helped support colleagues, schools, children and their families through the mental health struggles and economic challenges caused by both events.
During the 1998-1999 Kosovo war, SBASHK played a vital role in preserving education services. Today SBASHK advocates for better working conditions and fair salaries, safer schools and professional growth opportunities for teachers. A five-week 2022 teachers’ strike for a living wage in response to COVID pandemic and Ukraine war-related inflation earned teachers a significant salary increase that has yet to be implemented. Meanwhile, regional economic challenges continue to threaten teachers’ and their students’ well-being. Recent economic analysis of the West Balkans shows that inflation in 2022 had surged to a two-decade high, with food and energy prices skyrocketing and eroding the purchasing power of households.
“It’s unfortunate that education workers, who are among the most important in any society, have to resort to a protest to prompt their government to engage with them,” says Solidarity Center Southeastern Europe Country Program Director Steven McCloud.
“A fair collective agreement with teachers is essential for ensuring the highest quality of education for students,” he said.
Dec 9, 2024
A four-year, regional, health care rights campaign led by the Organization of Trade Unions of West Africa (OTUWA) is expanding its success and influence in the region with Sierra Leone’s Finance Minister last month announcing a 2 percent increase in the country’s budget allocation for the health sector, from 7 percent in 2024 to 9 percent in 2025.
“The Sierra Leone Labor Congress appreciates the increase as a success of our health care campaign,” says OTUWA Executive Secretary John Odah, while noting that Sierra Leone’s government has not met the 15 percent minimum annual budgetary health allocation to which African heads of state agreed in the landmark 2001 Abuja Declaration.
Like many countries in the region, in the context of mounting national debt, multinational tax dodging and illicit financial flows, Sierra Leone’s government is struggling to provide essential services to its citizens, including accessible health care.
Sierra Leone’s health care funding increase builds on the success of OTUWA’s “Health Care Is a Human Right” campaign this year in Nigeria, where the federal government in April announced a disbursement of almost $70 million to bolster the country’s health infrastructure.
Given that more than 80 percent of West Africa’s working people earn their living in poorly paid and uncertain informal-sector jobs, lack of access to state-provided health care or health insurance is placing an unfair financial burden on low‐income individuals and households, say unions. A United Nations report noted that 381 million people, or almost 5 percent of the world’s population, were pushed into extreme poverty in 2019 by out-of-pocket health expenditures.
OTUWA’s health care rights campaign unites West Africa’s unions in a fight for equal and fair health care access for all. Campaign participants, which include OTUWA affiliates and national health care unions, have been advocating since 2020 for the protection of health worker rights and effective, accessible health care for all with national and continent-wide African Union legislators and policymakers, including the Economic Community of West African States (ECOWAS) Parliament. An OTUWA survey of 700 health workers living in Gambia, Ghana, Nigeria, Senegal, Sierra Leone and Togo provided a window into the region’s health-sector shortcomings and presented a raft of recommendations that included increased funding for the health care sector across the region. This year, the campaign expanded its influence through an alliance with Public Services International, a global union federation that represents 30 million workers in 154 countries and, to preserve public resources, added good governance to its demands.
“We celebrate with our Sierra Leonean brothers and sisters and will continue to support unions that are demanding more investment by governments in the health of their citizens,” says Solidarity Center Africa Regional Program Director Christopher Johnson.
OTUWA represents trade union national centers in the 15 West African countries comprising ECOWAS. None of West Africa’s signatory governments–required by ECOWAS Fundamental Principles to promote and protect human rights in accordance with the African Union (AU) Charter on Human and People’s Rights, including provision of social protections such as health care–are implementing the 15 percent minimum annual budgetary health allocation.
Nov 12, 2024
Drivers in Cebu, Philippines, are staying strong as Foodpanda challenges a ruling by a government agency that determined they are employees of the corporation and must receive around $128,000 in lost wages.
Foodpanda is appealing the decision the National Labor Relations Commission (NLRC) issued in September that required the company to reinstate a 2018–2020 compensation plan that cut driver’s pay by more than half. The ruling also stated that “with no ability to negotiate or alter their fees, riders are more like employees receiving a standard wage rate than independent contractors.”
Foodpanda is challenging a court ruling determining drivers in Cebu are employees who must receive decent pay, safety and health protections and health care.
Credit: Solidarity Center / Miguel Antivola
As with other app-based rideshare and passenger delivery corporations around the world, Foodpanda seeks to classify workers as independent contractors to avoid labor laws requiring pay, safety and health protections, and health care.
“For the five years I’ve worked for Foodpanda, they haven’t offered any type of leave or financial support for medicine,” said Abraham Monticalbo, Jr. The RIDERS-SENTRO (National Union of Food Delivery Riders) member described his experiences working for a company that is not required to adhere to labor protections: “We only get paid when we get an order. If you don’t get bookings, you don’t get paid.”
Foodpanda’s appeal “is just a small amount for the company, yet they’re being stingy with the riders. It’s clear that they don’t really care about our well-being,” Monticalbo said at a union press conference.
Seeking Fairness on the Job
The NLRC ruling on Foodpanda and Delivery Hero Logistics Philippines, Inc., would mean “we can finally receive our earnings that should have long benefited our families and ourselves,” Monticalbo said. “Because of our win, we receive justice.”
The Cebu Foodpanda union chapter of RIDERS-SENTRO has sought fair wages and transparency in the Foodpanda app on scheduling, compensation and suspension. In April, more than 200 Filipino app-based delivery riders took part in a unity ride around Cebu province to protest wage theft.
The Foodpanda app–via the company–sets the rules and is unaccountable to drivers, unilaterally updating acceptance rates, special hours and more. “If you are suddenly tagged for suspension and you follow due process in the app as we were instructed, you will get suspended before they take any action,” said Monticalbo. “Even if you do it right, the suspension is still ongoing. We can’t do anything about it since the tag is still in the system.”
Like Foodpanda, many app-based companies often deploy a “bait-and-switch” tactic, offering benefits to riders only to change the terms later.
“Management treated us well before. If I can compare it to what’s happening now, it’s so far off,” said Monticalbo. Drivers still do their job “because they already left their previous jobs. If they don’t deliver, they don’t earn.”
After the ruling supporting drivers, RIDERS-SENTRO invited the company to enter into discussions for a collective bargaining agreement. With a union, said Monticalbo, the riders are confident of their ability to win their rights on the job even with Foodpanda’s appeal
“Because of the union, we have the fighting spirit for this. We realize our power, our rights.”
Oct 31, 2024
In a legal attempt to transform traditional gender roles and relieve unequal care burdens on women, South Africa’s Constitutional Court this week is taking up a case challenging sections of the country’s employment act that permit four months of maternity leave to biological mothers only. By comparison, fathers are only entitled to a 10-day paternity leave. If affirmed, the case will transform how maternity and parental leave is granted in South Africa and set an important precedent for the entire continent.
“Although we do anticipate the Constitutional Court confirming the judgment,” says Ziona Tanzer, Solidarity Center law program counsel, “how it does so and what it says about gender, the redistribution of care work and feminist labor law will be significant.”
Based on constitutional rights of non-discrimination and dignity, the Gauteng High Court in Johannesburg ruled last year that working parents must both have the right to time off after the birth of a baby or adopting a child, and can share four months of paid maternity leave made available to women under the Basic Conditions of Employment Act (BCEA). The High Court judge recognized that current provisions of the law do not permit families to autonomously determine who performs infant care work or equally share responsibilities between parents.
Although the High Court issued an interim order, the judgment must be affirmed by the Constitutional Court–a necessary requirement for all cases concerning the constitutionality of laws. The Constitutional Court could make the lower court’s order of unconstitutionality immediately applicable, which means the law will change from the date of the judgment, or it can give the South African legislature one or two years to amend the law.
The lower court also found that provisions in the BCEA unfairly and unconstitutionally discriminate against fathers and parents of children adopted or born via surrogacy. Pointing to an unequal care burden on women, the presiding judge said that although it is not discriminatory to grant leave to a birth mother, the real question underlying the act is a policy choice with respect to child nurture, which could be done by either parent.
Bringing international and comparative law–which is increasingly recognizing the common responsibility and rights of both parents to contribute to the raising of children–to the court, South Africa-based Labor Research Services, the Solidarity Center, the Solidarity Center’s International Lawyers Assisting Workers (ILAW) Network and the University of Pretoria’s Center for Human Rights together submitted “friends of the court,” or amici arguments. The amicus arguments focus on the gendered underpinnings of the BCEA. In its premise that mothers are primarily responsible for child care while fathers’ care responsibilities are secondary, the BCEA not only forces an unequal care burden on mothers, it also unfairly and unconstitutionally discriminates against fathers and non-traditional families, such as parents of adopted children or those born via surrogacy. The attorney representing the amicus is ILAW member Kayan Leung, from Lawyers for Human Rights.
Paid leave for fathers in many African countries remains below three weeks; some only allow for a few days.
The ILAW Network is a membership organization for union and worker rights’ lawyers. Its core mission is to bring together legal practitioners and scholars in an exchange of ideas and information to best represent the rights and interests of workers and their organizations.
Oct 28, 2024
More than 200 International Lawyers Assisting Workers Network (ILAW) members gathered in Casablanca, Morocco, October 9 to 11 at their 2024 Global Conference to share ideas and to collaborate on legal strategies to promote and defend worker rights.
The Solidarity Center established the ILAW Network in 2018 as a way for pro-labor lawyers worldwide to bring together legal practitioners and scholars in an exchange of ideas and information in order to best represent the rights and interests of workers and their organizations wherever they may be.
ILAW lawyers working together have taken legal strategies that are successful in one country and deploy them elsewhere. In doing so, they have set new legal precedents that build a stronger foundation for the expansion of worker rights around the globe.
Credit: Mosa’ab Elshamy
Solidarity Center Executive Director Shawna Bader-Blau welcomed attendees, describing the network of over 1,300 members in more than 90 countries as “uniquely situated to take on global corporations suppressing worker rights.”
She cited the successful advocacy of women labor lawyers for new International Labor Organization (ILO) treaties, like Convention 189 on domestic workers and Convention 190 on violence and harassment. She also noted the inclusion of a plenary on feminism and labor law in this year’s conference as an example of ILAW’s leadership driving the global labor movement agenda towards equity.
Solidarity Center Rule of Law Director and ILAW Network Chair Jeffrey Vogt laid out the conference’s purpose. “Around the world, the rights of workers and unions are under attack. Employers are well-resourced and coordinated in their efforts to shape law and policy. It is essential that workers and unions do the same. Through ILAW, we can learn from each other, build from successes and failures, and strengthen our impact through legal solidarity.”
Vogt also highlighted the importance of the feminism and labor law plenary: “The ILAW Network is a feminist network, and we are proud of that. Labor law needs to work for everyone. Having a labor law that is feminist is a way to make it work for everyone.”
Credit: Mosa’ab Elshamy
The importance of interconnectedness was woven throughout many plenary sessions and discussions. Networking, learning from and collaborating across countries and regions was a key part of the conference, as attendees talked about the commonalities of their work.
The opening plenary, moderated by Solidarity Center’s Rule of Law Deputy Director Monika Mehta, focused on the impact of technology in the world of work, including but not only digital platform workers, from Amazon warehouses workers to content moderators for major social media firms.
Panelist Liz Lenjo described the content moderators in Kenya who filed a lawsuit against Meta (the parent company of Facebook, Instagram and Threads) and Sama, the local contractor, citing poor working conditions, union busting and inadequate mental health support.
These workers were hired to screen posts, videos and messages for Facebook and remove harmful or offensive content. Workers spent hours viewing violent and disturbing images and videos. They were left on their own to deal with the psychological trauma. In a landmark ruling, the Kenyan court determined it had jurisdiction over Meta.
Credit: Mosa’ab Elshamy
Sandra Muñoz discussed how women in Colombia’s parliament recently passed legislation to prohibit gender-based harassment in the workplace and linked the fight for gender equality to equality for all. “Unless we can overcome gender inequality,” Muñoz said, “we can’t overcome inequality as a whole.”
Kayan Leung also described successful litigation she undertook in South Africa to establish parity in paid parental leave in order that the responsibility of care does not default to women. The ILAW Network filed an amicus brief in that case.
During the panel on Just Transition, Angelica Maria Palacios Martinez spoke about the efforts to get Colombia’s government to recognize trade unions’ essential role in Just Transition and protecting the whole population. “From the trade union world, we have called out the government to recognize us as a key player, she said, “so that these public policies are focused on protecting the entire population, and in particular, protecting the workers.”
Abdullah Nahid of the Maldives, one of the countries most affected by climate change, described union efforts to support workers in the tourism and fisheries sector.
On the panel on the informal economy, Madhulika Tatigotla discussed the growth of the informal economy in India. India’s informal economy continues to grow, as the formal sector continues to informalize as, for example, 40 percent of factory workers are now on temporary contracts. Recently, workers and their legal advocates developed a comprehensive draft law for workers in the informal economy to extend labor rights and benefits.
In the final right to strike plenary, Paapa Danquah noted the increasing international threats to the right to strike, linking it to civil liberties. “The attack on the right to strike on the international level is the first step to taking away the right to strike everywhere,” Danquah said. “Whenever you see attacks on the right to strike, there are also attacks on collective bargaining and civil liberty.” He described how the ITUC was involved in litigation before the International Court of Justice to protect the right to strike as a principle of international law.
As the conference ended, attendees discussed priorities for the coming year, from more collaboration between all members to deepening national and regional labor law networks, cross-pollination between ILAW regions, increasing engagement with social movements and Indigenous communities in order to support union growth. Attendees left the conference energized and committed to forging a robust labor law network for a stronger global labor movement.
Oct 10, 2024
With disability rights organization New Age foundation, the Solidarity Center supported the re-launch of job search mobile phone app, “Ten Ishte” for people with disabilities in Kyrgyzstan. The app, which translated means “Equal Work,” was previously informational but now also lists inclusive job openings and accessibility information about the buildings in which those jobs are located.
“Everybody deserves the dignity of full participation in society, including opportunities to acquire jobs-based skills and earn their livelihoods,” says New Age founder and long-term Solidarity Center partner Askar Turdugulov.
In collaboration with experts and civil society organizations and with Solidarity Center support, New Age helped redesign the app to best serve the needs of people with disabilities who are living in Kyrgyzstan. The app’s launch in Bishkek on October 3, gathered key rights activists and political and business leaders, including people with disabilities, civil society organization leaders, employers, Deputy Minister of Labor Kyial Januzakova, Deputy Minister of Education Muratbek Kasymaliev, Bishkek Deputy Mayor Victoria Mozgacheva and key members of parliament.
Event feedback included a recommendation by public association ARDI lawyer Seinep Dyikanbaevato to report the app’s building accessibility ratings to the Bishkek mayor’s office.
A public signing of a Solidarity Center memorandum of understanding during the event, which for the first time also included the Kyrgyz Society of the Blind and Deaf, marks the expansion of a disability rights coalition that, through better access to good jobs, seeks better social and professional integration for people with disabilities in Kyrgyzstan.
