Legislative power

On 1 August 2021, President Al-Sisi approved legislation which allows public administrations to dismiss any civil servant suspected of belonging to groups classified as “terrorist” in Egypt as well as those who “harm public services or the economic interests of the state”. On 23 November 2021, al-Sisi ratified amendments which codify and cement a permanent state of emergency in Egypt, allowing more civilians to be referred to military courts and eroding further guarantees to a fair trial.

The government of Malawi presented a new Labour Relations Amendment Bill to the parliament, without any prior consultation with trade unions, including the Malawi Congress of Trade Unions (MTUC). The draft law was fast-tracked and adopted on 7 July 2021, despite strong rejection by the opposition political parties and days of widespread MTUC-led protests against the bill by the trade unions and civil society at large. The bill had last been discussed by the tripartite partners in 2018 and was shelved.

The new legislative provisions unduly limit the right to strike and punish workers who exercise this right. The law also grants employers the right to withhold wages and arrogates exclusive power to the minister to determine essential services without due process, and it excludes the Tripartite Labour Advisory Council while amending the provisions of the Industrial Relations Court.

A parliamentary commission was established under resolution No. 11 of 13 February 2020 to enquire into the alienation of trade union properties as part of matters arising from Moldova’s independence in 1993. Curiously, however, this attempt comes over two decades after Moldova’s post-independence constitution guaranteed the private property rights of legal persons in Moldova, including trade unions, without any exception.

At the end of 2021, CNSM submitted a request to the president of the parliament that it be engaged in the matter, as is the right of unions where matters directly affecting them are discussed. However, the latter refused to engage with the union.

In Kyrgyzstan, the draft law on trade unions was vetoed three times in 2021 by President Japarov, in April, July and November. The law was drafted by the parliament without properly consulting workers’ unions, competent government officials or the expertise of the International Labour Organization (ILO). It largely contradicts the country’s constitution and core labour standards, including ILO Conventions 87 and 98. In particular, it would have installed a trade union monopoly of the Federation of Trade Unions of Kyrgyzstan and would have put all unions under the latter’s control. Despite these clear vetoes by the executive power and the opposition of the independent trade unions, in early 2022 the Kyrgyz parliament once again tabled the bill.

In India, the draft rules on the scope of collective bargaining under the 2020 Industrial Relations Code were set out by Ministry of Labour on 4 May 2021. These rules listed, in a restrictive manner, the matters which the negotiating union or negotiating council may negotiate with the employer. The topics include grade classification, wages, allowances, bonuses and increments as well as working hours and rest days. This is the first time in the history of India’s labour legislation that collective bargaining has been restricted in such a manner.

On 1 August 2021, President Al-Sisi approved legislation which allows public administrations to dismiss any civil servant suspected of belonging to groups classified as “terrorist” in Egypt as well as those who “harm public services or the economic interests of the state”. On 23 November 2021, al-Sisi ratified amendments which codify and cement a permanent state of emergency in Egypt, allowing more civilians to be referred to military courts and eroding further guarantees to a fair trial.

The government of Malawi presented a new Labour Relations Amendment Bill to the parliament, without any prior consultation with trade unions, including the Malawi Congress of Trade Unions (MTUC). The draft law was fast-tracked and adopted on 7 July 2021, despite strong rejection by the opposition political parties and days of widespread MTUC-led protests against the bill by the trade unions and civil society at large. The bill had last been discussed by the tripartite partners in 2018 and was shelved.

The new legislative provisions unduly limit the right to strike and punish workers who exercise this right. The law also grants employers the right to withhold wages and arrogates exclusive power to the minister to determine essential services without due process, and it excludes the Tripartite Labour Advisory Council while amending the provisions of the Industrial Relations Court.

A parliamentary commission was established under resolution No. 11 of 13 February 2020 to enquire into the alienation of trade union properties as part of matters arising from Moldova’s independence in 1993. Curiously, however, this attempt comes over two decades after Moldova’s post-independence constitution guaranteed the private property rights of legal persons in Moldova, including trade unions, without any exception.

At the end of 2021, CNSM submitted a request to the president of the parliament that it be engaged in the matter, as is the right of unions where matters directly affecting them are discussed. However, the latter refused to engage with the union.

In Kyrgyzstan, the draft law on trade unions was vetoed three times in 2021 by President Japarov, in April, July and November. The law was drafted by the parliament without properly consulting workers’ unions, competent government officials or the expertise of the International Labour Organization (ILO). It largely contradicts the country’s constitution and core labour standards, including ILO Conventions 87 and 98. In particular, it would have installed a trade union monopoly of the Federation of Trade Unions of Kyrgyzstan and would have put all unions under the latter’s control. Despite these clear vetoes by the executive power and the opposition of the independent trade unions, in early 2022 the Kyrgyz parliament once again tabled the bill.

In India, the draft rules on the scope of collective bargaining under the 2020 Industrial Relations Code were set out by Ministry of Labour on 4 May 2021. These rules listed, in a restrictive manner, the matters which the negotiating union or negotiating council may negotiate with the employer. The topics include grade classification, wages, allowances, bonuses and increments as well as working hours and rest days. This is the first time in the history of India’s labour legislation that collective bargaining has been restricted in such a manner.

On 1 August 2021, President Al-Sisi approved legislation which allows public administrations to dismiss any civil servant suspected of belonging to groups classified as “terrorist” in Egypt as well as those who “harm public services or the economic interests of the state”. On 23 November 2021, al-Sisi ratified amendments which codify and cement a permanent state of emergency in Egypt, allowing more civilians to be referred to military courts and eroding further guarantees to a fair trial.

The government of Malawi presented a new Labour Relations Amendment Bill to the parliament, without any prior consultation with trade unions, including the Malawi Congress of Trade Unions (MTUC). The draft law was fast-tracked and adopted on 7 July 2021, despite strong rejection by the opposition political parties and days of widespread MTUC-led protests against the bill by the trade unions and civil society at large. The bill had last been discussed by the tripartite partners in 2018 and was shelved.

The new legislative provisions unduly limit the right to strike and punish workers who exercise this right. The law also grants employers the right to withhold wages and arrogates exclusive power to the minister to determine essential services without due process, and it excludes the Tripartite Labour Advisory Council while amending the provisions of the Industrial Relations Court.

A parliamentary commission was established under resolution No. 11 of 13 February 2020 to enquire into the alienation of trade union properties as part of matters arising from Moldova’s independence in 1993. Curiously, however, this attempt comes over two decades after Moldova’s post-independence constitution guaranteed the private property rights of legal persons in Moldova, including trade unions, without any exception.

At the end of 2021, CNSM submitted a request to the president of the parliament that it be engaged in the matter, as is the right of unions where matters directly affecting them are discussed. However, the latter refused to engage with the union.

In Kyrgyzstan, the draft law on trade unions was vetoed three times in 2021 by President Japarov, in April, July and November. The law was drafted by the parliament without properly consulting workers’ unions, competent government officials or the expertise of the International Labour Organization (ILO). It largely contradicts the country’s constitution and core labour standards, including ILO Conventions 87 and 98. In particular, it would have installed a trade union monopoly of the Federation of Trade Unions of Kyrgyzstan and would have put all unions under the latter’s control. Despite these clear vetoes by the executive power and the opposition of the independent trade unions, in early 2022 the Kyrgyz parliament once again tabled the bill.

In India, the draft rules on the scope of collective bargaining under the 2020 Industrial Relations Code were set out by Ministry of Labour on 4 May 2021. These rules listed, in a restrictive manner, the matters which the negotiating union or negotiating council may negotiate with the employer. The topics include grade classification, wages, allowances, bonuses and increments as well as working hours and rest days. This is the first time in the history of India’s labour legislation that collective bargaining has been restricted in such a manner.

On 1 August 2021, President Al-Sisi approved legislation which allows public administrations to dismiss any civil servant suspected of belonging to groups classified as “terrorist” in Egypt as well as those who “harm public services or the economic interests of the state”. On 23 November 2021, al-Sisi ratified amendments which codify and cement a permanent state of emergency in Egypt, allowing more civilians to be referred to military courts and eroding further guarantees to a fair trial.

The government of Malawi presented a new Labour Relations Amendment Bill to the parliament, without any prior consultation with trade unions, including the Malawi Congress of Trade Unions (MTUC). The draft law was fast-tracked and adopted on 7 July 2021, despite strong rejection by the opposition political parties and days of widespread MTUC-led protests against the bill by the trade unions and civil society at large. The bill had last been discussed by the tripartite partners in 2018 and was shelved.

The new legislative provisions unduly limit the right to strike and punish workers who exercise this right. The law also grants employers the right to withhold wages and arrogates exclusive power to the minister to determine essential services without due process, and it excludes the Tripartite Labour Advisory Council while amending the provisions of the Industrial Relations Court.

A parliamentary commission was established under resolution No. 11 of 13 February 2020 to enquire into the alienation of trade union properties as part of matters arising from Moldova’s independence in 1993. Curiously, however, this attempt comes over two decades after Moldova’s post-independence constitution guaranteed the private property rights of legal persons in Moldova, including trade unions, without any exception.

At the end of 2021, CNSM submitted a request to the president of the parliament that it be engaged in the matter, as is the right of unions where matters directly affecting them are discussed. However, the latter refused to engage with the union.

In Kyrgyzstan, the draft law on trade unions was vetoed three times in 2021 by President Japarov, in April, July and November. The law was drafted by the parliament without properly consulting workers’ unions, competent government officials or the expertise of the International Labour Organization (ILO). It largely contradicts the country’s constitution and core labour standards, including ILO Conventions 87 and 98. In particular, it would have installed a trade union monopoly of the Federation of Trade Unions of Kyrgyzstan and would have put all unions under the latter’s control. Despite these clear vetoes by the executive power and the opposition of the independent trade unions, in early 2022 the Kyrgyz parliament once again tabled the bill.

In India, the draft rules on the scope of collective bargaining under the 2020 Industrial Relations Code were set out by Ministry of Labour on 4 May 2021. These rules listed, in a restrictive manner, the matters which the negotiating union or negotiating council may negotiate with the employer. The topics include grade classification, wages, allowances, bonuses and increments as well as working hours and rest days. This is the first time in the history of India’s labour legislation that collective bargaining has been restricted in such a manner.

On 9 March 2021, the Protecting the Right to Organize (PRO) Act (H.R. 842) passed in the House of Representatives. This bill expands various labour protections related to employees' rights to organise and collectively bargain in the workplace. Among other things, it revises the definitions of employee, supervisor and employer and broadens the scope of individuals covered by the Fair Labor Standards Act, potentially paving the way for gig workers at companies like Lyft and Uber to organise.

In addition, the bill addresses the procedures for union representation elections and provides employees with the ability to vote in such elections remotely by telephone or the internet. This measure would weaken “right-to-work” laws in twenty-seven states that currently allow employees to be exempt from paying fees to unions that represent them. The bill also makes it an unfair labour practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation.

Finally, the bill provides for greater protection of strikes and striking workers. Under the instrument, secondary strikes are now authorised, while discriminatory measures and acts of retaliation by employers against strikers are prohibited.

The bill has now advanced to the U.S. Senate. The passing of the Protecting the Right to Organize (PRO) Act would be a landmark worker empowerment in the country.

After nearly two decades of organising for legislative change, UNI Global affiliates United States National Association of Letter Carriers (NALC) and American Postal Workers’ Union workers (APWU) celebrated the passage of the Postal Service Reform Act through the U.S. Senate on 8 March 2022.

The bill, which is expected to be signed into law by the president, is one of the most important legislative victories for supporters of a public post in the 21st century. It lifts crushing financial requirements on the United States Postal Service (USPS), provides for Medicare integration for future retirees and codifies six-day delivery into law.

The legislation repeals the unfair pre-funding mandate for retiree health benefits put in place in 2006 and secures the continuation of six-day delivery. The changes in the bill will not only save billions of dollars every year for the post but will also strengthen the public postal service and ensure that USPS is able to invest in quality jobs for employees and quality services for the hundreds of millions of Americans who rely on it nearly every day.

During the year, the European Union (EU) continued its work towards the adoption of a directive on adequate minimum wages with a view to ensuring fair working conditions in the EU. After the publication of the European Commission’s proposal in late 2020, the EU Employment and Social Policy Council reached an agreement on a proposal for a directive on 7 December 2021. The agreement paves the way for the next stage in the legislative process, which is political discussions with the European Parliament. The proposal for a directive is aimed at creating obligations for member states, including the promotion of collective bargaining, in particular on wage setting, and taking measures to enhance effective access to minimum wage protection of workers.

To take account of the diversity of wage-setting modalities in the EU, the proposal establishes that minimum wage protection can be provided by collective agreements (as is the case in six member states) or by statutory minimum wages set by law (as is the case in 21 member states) or a combination of these two methods. In addition, all member states should promote the capacity of social partners to engage in collective bargaining, and in member states with a collective bargaining coverage below 70 per cent, an action plan to promote collective bargaining must be laid out.

On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence. The aim of this directive is to foster sustainable and responsible corporate behaviour and to anchor human rights and environmental considerations in companies’ operations and corporate governance. The new rules aim ensure that businesses address adverse impacts of their actions, including in their value chains inside and outside Europe.

The draft directive is an important step in realising demands for a global regulatory architecture that guarantees a floor of rights for all workers, sustains the climate and ends corporate impunity by ensuring corporate accountability. However, it still fails on key aspects. For instance, it does not focus enough on victims and rights-holders, creates exemptions for businesses based on their size, and does not strongly enough embrace the United Nations Guiding Principles on Business and Human Rights (UNGP).

As a next step, the EC proposal will go to the European Parliament and the Council for approval. Meanwhile, trade unions will work to ensure that these misalignments are addressed and that the directive upholds its promise to be the cornerstone of a new business model.

After year-long efforts, Uganda’s National Organisation of Trade Unions (NOTU) celebrated, on 4 January 2022, the approval of a bill with amendments to the country’s national social security fund. This new legislation will contribute to improving the lives of all workers, including those active in the informal economy.

The new bill brings important changes in the functioning of social protection in Uganda, including the removal of previous restrictions to workers’ access to pension schemes. In Uganda, workers contribute savings for their old age pensions, with additional contributions from their employers. However, only workers with formal contracts and employed by businesses with more than five workers were eligible to access the pension schemes, effectively leaving out of the system the vast number of workers who were working in the informal economy (i.e., nine out of ten). Now, individual contributions to NSSF, including from workers in the informal economy, are allowed.

The bill is a victory for the trade unions, who since 2014 have continued to work hard to have it passed. Although the bill has been rejected by parliament several times, NOTU has maintained close contact with President Museveni, who has been directly involved in adjusting the bill for the final adoption by parliament.

On 9 March 2021, the Protecting the Right to Organize (PRO) Act (H.R. 842) passed in the House of Representatives. This bill expands various labour protections related to employees' rights to organise and collectively bargain in the workplace. Among other things, it revises the definitions of employee, supervisor and employer and broadens the scope of individuals covered by the Fair Labor Standards Act, potentially paving the way for gig workers at companies like Lyft and Uber to organise.

In addition, the bill addresses the procedures for union representation elections and provides employees with the ability to vote in such elections remotely by telephone or the internet. This measure would weaken “right-to-work” laws in twenty-seven states that currently allow employees to be exempt from paying fees to unions that represent them. The bill also makes it an unfair labour practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation.

Finally, the bill provides for greater protection of strikes and striking workers. Under the instrument, secondary strikes are now authorised, while discriminatory measures and acts of retaliation by employers against strikers are prohibited.

The bill has now advanced to the U.S. Senate. The passing of the Protecting the Right to Organize (PRO) Act would be a landmark worker empowerment in the country.

After nearly two decades of organising for legislative change, UNI Global affiliates United States National Association of Letter Carriers (NALC) and American Postal Workers’ Union workers (APWU) celebrated the passage of the Postal Service Reform Act through the U.S. Senate on 8 March 2022.

The bill, which is expected to be signed into law by the president, is one of the most important legislative victories for supporters of a public post in the 21st century. It lifts crushing financial requirements on the United States Postal Service (USPS), provides for Medicare integration for future retirees and codifies six-day delivery into law.

The legislation repeals the unfair pre-funding mandate for retiree health benefits put in place in 2006 and secures the continuation of six-day delivery. The changes in the bill will not only save billions of dollars every year for the post but will also strengthen the public postal service and ensure that USPS is able to invest in quality jobs for employees and quality services for the hundreds of millions of Americans who rely on it nearly every day.

During the year, the European Union (EU) continued its work towards the adoption of a directive on adequate minimum wages with a view to ensuring fair working conditions in the EU. After the publication of the European Commission’s proposal in late 2020, the EU Employment and Social Policy Council reached an agreement on a proposal for a directive on 7 December 2021. The agreement paves the way for the next stage in the legislative process, which is political discussions with the European Parliament. The proposal for a directive is aimed at creating obligations for member states, including the promotion of collective bargaining, in particular on wage setting, and taking measures to enhance effective access to minimum wage protection of workers.

To take account of the diversity of wage-setting modalities in the EU, the proposal establishes that minimum wage protection can be provided by collective agreements (as is the case in six member states) or by statutory minimum wages set by law (as is the case in 21 member states) or a combination of these two methods. In addition, all member states should promote the capacity of social partners to engage in collective bargaining, and in member states with a collective bargaining coverage below 70 per cent, an action plan to promote collective bargaining must be laid out.

On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence. The aim of this directive is to foster sustainable and responsible corporate behaviour and to anchor human rights and environmental considerations in companies’ operations and corporate governance. The new rules aim ensure that businesses address adverse impacts of their actions, including in their value chains inside and outside Europe.

The draft directive is an important step in realising demands for a global regulatory architecture that guarantees a floor of rights for all workers, sustains the climate and ends corporate impunity by ensuring corporate accountability. However, it still fails on key aspects. For instance, it does not focus enough on victims and rights-holders, creates exemptions for businesses based on their size, and does not strongly enough embrace the United Nations Guiding Principles on Business and Human Rights (UNGP).

As a next step, the EC proposal will go to the European Parliament and the Council for approval. Meanwhile, trade unions will work to ensure that these misalignments are addressed and that the directive upholds its promise to be the cornerstone of a new business model.

After year-long efforts, Uganda’s National Organisation of Trade Unions (NOTU) celebrated, on 4 January 2022, the approval of a bill with amendments to the country’s national social security fund. This new legislation will contribute to improving the lives of all workers, including those active in the informal economy.

The new bill brings important changes in the functioning of social protection in Uganda, including the removal of previous restrictions to workers’ access to pension schemes. In Uganda, workers contribute savings for their old age pensions, with additional contributions from their employers. However, only workers with formal contracts and employed by businesses with more than five workers were eligible to access the pension schemes, effectively leaving out of the system the vast number of workers who were working in the informal economy (i.e., nine out of ten). Now, individual contributions to NSSF, including from workers in the informal economy, are allowed.

The bill is a victory for the trade unions, who since 2014 have continued to work hard to have it passed. Although the bill has been rejected by parliament several times, NOTU has maintained close contact with President Museveni, who has been directly involved in adjusting the bill for the final adoption by parliament.

On 9 March 2021, the Protecting the Right to Organize (PRO) Act (H.R. 842) passed in the House of Representatives. This bill expands various labour protections related to employees' rights to organise and collectively bargain in the workplace. Among other things, it revises the definitions of employee, supervisor and employer and broadens the scope of individuals covered by the Fair Labor Standards Act, potentially paving the way for gig workers at companies like Lyft and Uber to organise.

In addition, the bill addresses the procedures for union representation elections and provides employees with the ability to vote in such elections remotely by telephone or the internet. This measure would weaken “right-to-work” laws in twenty-seven states that currently allow employees to be exempt from paying fees to unions that represent them. The bill also makes it an unfair labour practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation.

Finally, the bill provides for greater protection of strikes and striking workers. Under the instrument, secondary strikes are now authorised, while discriminatory measures and acts of retaliation by employers against strikers are prohibited.

The bill has now advanced to the U.S. Senate. The passing of the Protecting the Right to Organize (PRO) Act would be a landmark worker empowerment in the country.

After nearly two decades of organising for legislative change, UNI Global affiliates United States National Association of Letter Carriers (NALC) and American Postal Workers’ Union workers (APWU) celebrated the passage of the Postal Service Reform Act through the U.S. Senate on 8 March 2022.

The bill, which is expected to be signed into law by the president, is one of the most important legislative victories for supporters of a public post in the 21st century. It lifts crushing financial requirements on the United States Postal Service (USPS), provides for Medicare integration for future retirees and codifies six-day delivery into law.

The legislation repeals the unfair pre-funding mandate for retiree health benefits put in place in 2006 and secures the continuation of six-day delivery. The changes in the bill will not only save billions of dollars every year for the post but will also strengthen the public postal service and ensure that USPS is able to invest in quality jobs for employees and quality services for the hundreds of millions of Americans who rely on it nearly every day.

During the year, the European Union (EU) continued its work towards the adoption of a directive on adequate minimum wages with a view to ensuring fair working conditions in the EU. After the publication of the European Commission’s proposal in late 2020, the EU Employment and Social Policy Council reached an agreement on a proposal for a directive on 7 December 2021. The agreement paves the way for the next stage in the legislative process, which is political discussions with the European Parliament. The proposal for a directive is aimed at creating obligations for member states, including the promotion of collective bargaining, in particular on wage setting, and taking measures to enhance effective access to minimum wage protection of workers.

To take account of the diversity of wage-setting modalities in the EU, the proposal establishes that minimum wage protection can be provided by collective agreements (as is the case in six member states) or by statutory minimum wages set by law (as is the case in 21 member states) or a combination of these two methods. In addition, all member states should promote the capacity of social partners to engage in collective bargaining, and in member states with a collective bargaining coverage below 70 per cent, an action plan to promote collective bargaining must be laid out.

On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence. The aim of this directive is to foster sustainable and responsible corporate behaviour and to anchor human rights and environmental considerations in companies’ operations and corporate governance. The new rules aim ensure that businesses address adverse impacts of their actions, including in their value chains inside and outside Europe.

The draft directive is an important step in realising demands for a global regulatory architecture that guarantees a floor of rights for all workers, sustains the climate and ends corporate impunity by ensuring corporate accountability. However, it still fails on key aspects. For instance, it does not focus enough on victims and rights-holders, creates exemptions for businesses based on their size, and does not strongly enough embrace the United Nations Guiding Principles on Business and Human Rights (UNGP).

As a next step, the EC proposal will go to the European Parliament and the Council for approval. Meanwhile, trade unions will work to ensure that these misalignments are addressed and that the directive upholds its promise to be the cornerstone of a new business model.

After year-long efforts, Uganda’s National Organisation of Trade Unions (NOTU) celebrated, on 4 January 2022, the approval of a bill with amendments to the country’s national social security fund. This new legislation will contribute to improving the lives of all workers, including those active in the informal economy.

The new bill brings important changes in the functioning of social protection in Uganda, including the removal of previous restrictions to workers’ access to pension schemes. In Uganda, workers contribute savings for their old age pensions, with additional contributions from their employers. However, only workers with formal contracts and employed by businesses with more than five workers were eligible to access the pension schemes, effectively leaving out of the system the vast number of workers who were working in the informal economy (i.e., nine out of ten). Now, individual contributions to NSSF, including from workers in the informal economy, are allowed.

The bill is a victory for the trade unions, who since 2014 have continued to work hard to have it passed. Although the bill has been rejected by parliament several times, NOTU has maintained close contact with President Museveni, who has been directly involved in adjusting the bill for the final adoption by parliament.