---------- Forwarded message ----------
From: Shalini Gera <[email protected]>
Date: Mon, Apr 18, 2011 at 7:54 AM


Thanks to Balaji for forwarding the article from The Hindu on the ACC-Holcim
contract workers in protest in
Bhilai<http://www.thehindu.com/news/national/article1704181.ece>
.

Here is an action alert -- *PLEASE please please *send an email to Holcim to
support their struggle.  Addresses,sample letter below.  It will only take
you 30 seconds to cut and paste it into your email, write your name and
address and shoot it off.  Of course, if you can take another 30 seconds to
customize the email before sending it off, that is even better....

Folks in the US may also consider copying the CEO of Holcim (US) in their
email -- Bernard Terver ([email protected])
Thanks a ton!
-Shalini
---------- Forwarded message ----------

*ACTION ALERT AND UPDATE – DAY 15              *17th April 2011



* *

*INDEFINITE DHARNA SINCE 3rd APRIL BY CONTRACT WORKERS OF ACC-HOLCIM IN
BHILAI FOR IMPLEMENTATION OF HIGH COURT ORDER DIRECTING REGULARISATION*



The indefinite dharna by contract workers asking for the implementation of a
High Court order directing ACC-Holcim to regularize them is in its 15th day
today.



On 3rd April, the contract workers served notices to the Collector and
Assistant Labour Commissioner, Durg and the City Superintendent of Police
Chhaoni, and started their protest in a pandal in front of Comrade Niyogi’s
statue in the Bhilai Industrial Estate, Jamul. Each day since then, groups
of workers have been joining the protest after completion of their
respective shifts, their families and mohalla members have been sitting in
dharna during the day, and volunteers from among the affected workmen have
been sleeping at the protest site during the nights. Before starting work in
each shift, the workers shout slogans and hold gate meetings, and have also
been distributing pamphlets outside other factories in the industrial area
during lunch hours asking for solidarity.



The contract workers, organized under the Pragatisheel Cement Shramik Sangh
(PCSS) Union, have struggled for over 20 years, seeking regular employment
at the ACC-Holcim cement plant instead of the exploitative and illegal
contract-based employment system currently in place.  It should be recalled
that under the Cement Wage Board Agreement – a tripartite agreement between
the All India Cement Manufacturers Association, the central trade unions and
the government, in force since 1978 – no contract labour would be employed
in cement manufacture at all, and if any were to be employed it would be
limited to the loading and unloading of raw materials and would be paid at
the same rate as the permanent employees.  Despite this landmark agreement,
use of contract labour in cement industry is rampant today, and it is
estimated that over 70% of the labour force engaged in the nine large cement
plants of Chhatisgarh today is contract labour, employed under unlawful and
highly abusive conditions.



Contract workers of ACC-Holcim have been seeking regularization for the past
twenty years, of which the last ten years have been spent in a lengthy and
expensive litigation process.  Both the Industrial Court and the
Chhattisgarh High Court have eventually sided with the contract workers,
holding their contracts “sham and bogus” and directing the ACC-Holcim
company to regularize them immediately.



*Response from ACC-Holcim*



Despite clear indictment by the courts, ACC-Holcim has been refusing to
implement the High Court order and to regularize any one of the more than
hundred eligible Union employees.  *In fact the Union had to send the copy
of the Judgment by Registered Post since the company representatives refused
to accept the copy from Union representatives. *It is imperative that the
company accede to the ethical and legal demands of the Union for
regularization of these employees, rather than engage in another round of
litigation.      It is to be noted that Holcim has been a signatory to the UN
Global Compact <http://www.unglobalcompact.org/AboutTheGC/index.html> since
2003, a fact that Holcim prominently advertises as an aspect of Corporate
Social Responsibility.  The UN Global Compact includes a code of conduct for
companies regarding treatment of labour, and stipulates that forced labour
and discrimination would not be resorted to by managements.

* *

*Response by the Administration*



On 15th April, the workers moved their dharna to the Collectorate, and the
after a day-long sit-in, the Durg Collector, Mr. Thakur Ram Singh, was
forced to meet with the workers. Mr Singh has promised to arrange a meeting
between the workers and the company officials in a few days, but no other
assurance has been forthcoming. It remains to be seen whether the Raman
Singh government, which is always exhorting poor adivasis, farmers who are
being dispossessed and activists charged under draconian laws, to have faith
in the judiciary, will be able to persuade a hugely profitable multinational
company to show similar faith in judicial pronouncements.



PCSS is also actively working through trade union representatives to
persuade Holcim India to sit across the table with the workers and work out
the implementation of the High Court order in the ACC Jamul Cement Works,
rather than dragging the workers into another endless round of litigation.



*Support from National and International Trade** Unions*



*Meanwhile, the protesting workers are receiving support and solidarity from
many national and international trade unions and mass organizations.  *



Congratulating the contract workers for their hard won success at getting a
favourable court order, the NTUI (New Trade Union Initiative) Delhi, has
deplored the blatant disregard shown by Holcim for the laws of the country.
NTUI expresses solidarity with these workers of Chhattisgarh in their fight,
which is *a fight of all workers and progressive people for dignity, justice
and labour rights*.   PBKMS (Paschim Banga Khet Majoor Samiti) Kolkata has
also expressed its support and solidarity for this struggle for labour
rights.  GAWU (Garment and Allied Workers Union, Gurgaon) notes that this
fight has become *a symbol of hope for all those struggling against
increasing informalisation and contractualisation of employment and
violation of workers’ democratic and labour rights.  *TUSC (Trade Union
Solidarity Committee representing seven unions) Mumbai has also extended
support for this just demand and struggle.   NFSRU, AWBSRU Kolkata and Goa
Rajya Kamgar Mahasangha have also expressed solidarity with this struggle.



CGIL (Italian General Confederation of Labour) Italy has written to the
Indian Ambassador in Italy.  Describing the struggle as another mobilization
in a long-standing dispute over working conditions, CGIL expresses deep
concern for the situation of the contract workers and asking for immediate
intervention by the Indian authorities to fully respect labour rights.   The
European trade union of Holcim has written to say that in response to its
earlier letters to Holcim to change its attitude in India, Holcim has stated
that they always comply with local legislation.   The Union has once again
written to its management expressing concern over the situation in
Chhattisgarh, and urging Holcim to abide by the Indian laws; the union has
also expressed solidarity with the workers here.  ICEM (International
Federation of Chemical, Energy, Mine and General Workers’ Unions) has also
extended support noting that cement multinationals like Holcim and Lafarge
are doing nothing to stabilise employment and bring decent work to rural
people, *who are recruited and then exploited as contract workers.*



*WHAT YOU CAN DO:*



*We urge friends and supporters to write to the following officials in the
management, *urging them to follow the Labour Laws of India and implement
the High Court orders with immediate effect, rather than harassing the
workers through another round of lengthy litigation.

* *

·         *HOLCIM management in Switzerland:*

* *

o   Markus Akermann, Chief Executive Officer, Holcim
[email protected]

o   Paul Hugentobler, Member of Executive Committee and Area Manager for
Holcim Ltd responsible for South Asia and ASEAN excluding the Philippines at
[email protected]



(with copies to  Peter Gysel, Head External Communications,
[email protected])

* *

·         *ACC Limited management:*

* *

o   Kuldip Kaura, Chief Executive Officer and Managing Director, ACC
Limited, [email protected]

o   Dr. Rajen Mehrotra, Chief People Officer and Chief Knowledge Officer,
ACC Limited [email protected]



(with copies to  Nand Kumar, Media Queries, ACC Limited,
[email protected])



A sample letter is attached below. We request you to send us a copy of the
letters at [email protected].



Thank you,

* *

Indira Chakravarti, Shalini Gera

Friends of Chhattisgarh Mukti Morcha

([email protected])



*Contact Details for Pragatisheel Cement Shramik Sangh:-*

* *

CMM Office, Labour Camp, Jamul, district Durg, Chhattisgarh.

Email: [email protected]



Sample letter:



Email : [email protected], [email protected],
[email protected], [email protected]

CC : [email protected] , [email protected]



To,

Markus Akermann,

Chief Executive Officer

Holcim Limited



Paul Hugentobler,

Member of Executive Committee and Area Manager for India

Holcim Limited



Kuldip Kaura

Chief Executive Officer and Managing Director

ACC Limited



Dr. Rajen Mehrotra

Chief People Officer and Chief Knowledge Officer

ACC Limited



CC: Peter Gysel, Nand Kumar



*Subject:  Implementation of Chhattisgarh High Court orders and
Regularization of contract workers in ACC-Holcim plant, Jamul, Durg
District, Chhattisgarh *



Dear Sirs,



I/we urge you to immediately implement the Chhattisgarh High Court order
dated 22-March-2011, directing ACC-Holcim cement plant in Jamul to
regularize contract workers, and not drag them through another lengthy
litigation.



As a signatory of the Cement Wage Board Agreement, ACC-Holcim has given an
undertaking to not employ contract labour in its operations, yet hundreds of
contract workers have been employed by the company through contracts which
have been held as “sham and bogus” by the Honourable High Court of
Chhattisgarh.  The contract workers have been fighting for their legal
rights for the past twenty years and their struggle now stands vindicated by
the Chhattisgarh High Court.



I/we request you to implement this order and immediately offer regular
employment to the over hundred eligible employees, as instructed by the
courts.  Not only is this the lawful duty of the ACC-Holcim company, this is
also in keeping with your undertakings as a signatory to the *UN Global
Compact*, which requires you to eliminate coercive labour practices and
respect human rights.



Sincerely,

<Name>

<Address>



 --


-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
*
*
*The UID project i**s going to do almost exactly the same thing which the
predecessors of Hitler did, else how is it that Germany always had the lists
of Jewish names even prior to the arrival of the Nazis? The Nazis got these
lists with the help of IBM which was in the 'census' business that included
racial census that entailed not only count the Jews but also identifying
them. At the United States Holocaust Museum in Washington, DC, there is an
exhibit of an IBM Hollerith D-11 card sorting machine that was responsible
for organising the census of 1933 that first identified the Jews.*
*
*
*http://saynotoaadhaar.blogspot.com/*
*http://aadhararticles.blogspot.com/*
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