Saturday, March 21, 2009

Labor Issues-Maquillas

Legislative Assembly Commission on Labor

According to the President of the Labor Committee of the Legislative Assembly, working conditions in El Salvador have not improved very much because of resistance from the right wing. The minimum wage varies depending on the type of job but for all sectors is less than $200 a month. With an average cost of living of $750 per month for a family of 5, there is no way a family can survive on the minimum.

Although there are laws protecting workers, they have not been implemented. A majority of the people in the cabinet are business people who are protecting their own interests. The Ministry of Labor is in charge of making sure labor laws are followed, but in the past 20 years this hasn't happened as it should. In the maquilla sector collaboration between the inspectors and owners results in a failure to document abuses. Workers who try to form unions are fired and put on black lists.

Another concern is pensions. During the last 30 years, the government has privatized the pension system using Chile's system as a model. But El Salvador doesn't have the developed economy that Chile has, and it has no oil, gas or other natural resources. The pension system works as a savings account, but because of the economy in recent years, pensions haven't been enough to have a comfortable retirement.

For those in the informal sector, the street vendors, there are no protections. They are not covered by minimum wage laws or the pension system nor do they enjoy the health care benefits which other workers have. However, the FMLN platform calls for working with the informal sector to expand the Social Security (health) and pension systems. We hope they succeed.

The Labor Committee President also informed us that although the U. S. government supports labor rights in public, that support is not much in evidence. He said that labor rights are not protected as they should be by the free trade agreement, CAFTA.

As for unions, a very small percentage of private employees have unions. In the public sector there are employee associations, but most don't have the standing of unions.

Maquillas

Later that day we met with a lawyer for the Movimiento de Mujeres-Mélida Anaya Montes (MAM) and 2 maquilla workers. MAM provides training for maquilla workers in 3 areas: gender relations in the household, feminist ethics, and labor law/worker rights issues. Since outside organizations aren't allowed to enter the maquillas, workers need to be able to identify violations of their rights.

To attend meetings or training sessions, women must take off work at great risk. One of the women at this meeting graduated from the training program but was accused of being a guerrilla and was fired. Now she can't get a job in a maquilla but works training other workers.

Since workers have a great fear of being fired, MAM trainers cannot approach them directly. Instead trainers give massages and good smelling lotions to the workers. While giving the massage, they subtly get information regarding working conditions inside the maquillas and let the women know about the training sessions.

Occupational health is a major concern. Many women develop problems with their arms and legs, and extremely bright lights cause skin damage. Because it costs about $1,000 to prosecute a case, and there needs to be more research to provide evidence of the causes of the health issues, not many cases have been denounced. But because of MAM's work, occupational health was debated in the Legislative Assembly.

Owners of the maquillas come from Taiwan, South Korea, the United States and El Salvador. Although working conditions in all maquillas are very poor, there are fewer violations of worker protection laws in the U.S. owned businesses than in the others.

Recently Lida, a South Korean company, closed and 1,700 jobs were lost. When the company refused to pay workers what they were due, the women took control of the machines until the company paid something. The workers only received 50% of what they were owed but wouldn 't have gotten that without the organized protest.

MAM has difficulty getting information regarding what employers report regarding deductions for Social Security (health care). Employers are pocketing the money rather than paying into the systmem for their employees. Then the women can't get health care.

The maquilla workers told us that prior to the Presidential election, employers told workers that if the FMLN was elected, the company would close and the women would lose their jobs. Workers were also told to take a photo of their ballots showing they had voted for ARENA. Employers held daily meetings, sometimes 3 times a day. In these meetings, bosses played on the emotions of the women by telling them to think about their families when they voted. Without jobs, their children would grow up hungry, there would be another war, and/or the company would move if the FMLN won.

At the time of this report, MAM was working on a report of working conditions inside the maquillas. A pulication date of April, 2009 was projected. I gave the lawyer my on the MAM website: www.lasmeridas.org.





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