Thursday 10 April 2008

How to get foreign firms to comply with labour law

This blog has noted many of the weaknesses of Zambia's labour laws. But a start in winning workers rights involves at least ensuring adherence to the laws by Zambian employers and foreign firms operating in the country. Tensions at Chambishi and other mines have often related to the flouting of labour laws, somewhat understood by the Zambian employees, and ignored by their bosses. With a properly operating labour office, firms not complying would be fined and it would soon become business sense to learn the laws and abide by them.

However, the Zambian state machinery is actually very small and weak and does not have the army of inspectors needed to monitor employers. The government is also aware of the ticking timebomb of disaffection at the mistreatment of workers on the Copperbelt. So, it's therefore interesting that the Daily Mail reports today that government plans to circulate a revised booklet of the country’s labour laws to all embassies whose countries have investments in Zambia to ensure investor compliance.

Other options would be to improve the labour law itself, to regulate effectively, including taking legal cases against companies that breach the laws, and to educate workers on their rights, trusting that effective worker education and trade unions will allow Zambians to defend themselves and their rights.

It's no coincidence that Minister of Labour and Social Security, Ronald Mukuma, made the announcement on a visit to the new Chinese owned Chambishi smelter on a trip to explore the reasons behind recent violent protests at the mine. He said Government was extremely concerned that some investors had continued to flout the labour laws but noted that language barrier could be a contributing factor.He said the booklets would be translated in respective languages of countries accredited to Zambia to ensure that the laws were clearly understood. Mr Mukuma urged mine investors to stop employing casual workers because the practice was an affront to poverty-reduction and economic stability. The minister said casual workers should not form part of the employment statistics for mine firms because these individuals had no proper future because of their unstable employment. The minister said mine owners should not expect high productivity from casual workers because they were temporary workers who could easily be sacked. Mr Mukuma said Government’s priority was to see that investors employed Zambians in various positions on permanent basis because that was an effective way of tackling poverty. Government was disturbed that mine owners had continued to drain the country’s precious foreign exchange earnings by engaging foreign firms for jobs that Zambians companies could do. “I am yet to find a good reason why Zambian companies are shunned for foreign companies even when it comes to transportation of goods. Surely can Zambians fail to transport goods for the mines?” the minister wondered.Chambishi Copper Smelter assistant chief executive officer, Li Xunting, said 50 to 70 per cent of the company’s workforce in senior management was Zambian. He said the company was commitment to provide local business support by giving contracts to local companies. Mr Li said the construction of the U$300 million smelter has been delayed because of shortage of cement and the delay in setting up a power supply system at the site.He, however, noted that the completion of the project in record time was important because the copper prices were good on the international market. Mr Li also said management fired 61 workers during the disturbances last month.

In a reminder of how dangerous and under-regulated work in Zambian mines is, the Daily Mail report that yet another miner at Mopani Copper Mines in Mufulira was killed yesterday in an underground rock fall. Again the miner was not directly employed by the mine, who risk the lives of cheaper contract labourers as they push for increased production without proper terms and conditions or union representation. The Mail reports that the workers involved were subconrtacted by
Consorcio Tauro Limited.

The miner died on the spot and four others sustained serious injuries following a heavy rock fall in an underground accident. Mufulira district commissioner, Dyson Mulwa, confirmed the death of Lottie Kanta in the accident that happened between 09:00 hours and 09:30 hours. Mr Kanta, 37, was a jackhammer operator. The injured, who are admitted to Mufulira's Malcolm Watson Hospital, are: Webby Shitima, Webby Mwila, Jonas Mpetamopya and Tressford Mpundu. Mr Mulwa said the actual cause of the rock fall has not yet been established. Details are being awaited from the contractor."We want to urge the mine to increase their safety because we are losing lives almost every month," he said.

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