Are CBAs in Cambodia, Indonesia, Pakistan and Vietnam guaranteeing decent working conditions? Analysis and comparison from the WageIndicator database Daniela Ceccon Database manager and researcher WageIndicator Foundation – University of Amsterdam Iftikhar Ahmad Labour law specialist WageIndicator Foundation

THE SAMPLE USED IN THIS ANALYSIS 215 collective agreements, from four countries, mostly valid in 2009 or later Around 750 variables about nine topics related to working conditions 61% of the CBAs are from manufacturing sector (42% of which are from textile, wearing apparel and leather) Other most represented sectors are mining (8%) and agriculture (7%) 97% are enterprise level CBAs, but there are four sectoral CBAs and three multi-company CBAs.

The WAGEINDICATOR DATABASES COLLECTIVE AGREEMENTS DATABASE LABOUR LAW DATABASE Established in 2012 Currently contains almost 900 collective agreements from 52 countries Agreements are coded, annotated (749 variables and nine main topics) and published in the national sites run by WageIndicator Established in 2009 (updated every year) Provides information on 48 themes relating to decent work agenda Covers more than 100 countries Decent Work Checks are available as country labour law profiles in English and local language Labour law information is available on country websites

The WAGEINDICATOR DATABASES WageIndicator is a foundation based in the Netherlands and running websites in 92 countries. Through our national websites, we collect, compare and share information about Wages, Labour Law and Career. COLLECTIVE AGREEMENTS DATABASE LABOUR LAW DATABASE Established in 2012 Currently contains almost 900 collective agreements from 52 countries Agreements are coded, annotated (749 variables and nine main topics) and published in the national sites run by WageIndicator Established in 2009 (updated every year) Provides information on 48 themes relating to decent work agenda Covers more than 100 countries Decent Work Checks are available as country labour law profiles in English and local language Labour law information is available on country websites Established in … labour law …. topics

WHERE ARE THE CBAs FROM? INDONESIA: 122 agreements CAMBODIA: 6 agreements PAKISTAN: 82 agreements VIETNAM: 5 agreements

Which are the topics analysed in the WageIndicator CBA Database? Wages Social security and pensions Sickness and disability Work-life balance arrangements Individual employment contracts / job security Working hours, schedules, holidays and days of leave Equality and/or violence in the workplace Health and medical assistance Training / apprenticeship

Main differences: INDONESIA PAKISTAN CAMBODIA VIETNAM

Main differences: INDONESIA PAKISTAN CAMBODIA VIETNAM Longer and more detailed agreements Shorter agreements The CBAs repeat some of the provisions stated in the law CBAs are made for some provisions only or to improve the law Most of the topics are tackled in CBAs CBAs focus more on monetary benefits and on health and medical assistance clauses Gender-related clauses (though more a repetition of statutory provisions) No gender-related clauses

Gender-related clauses: INDONESIA CAMBODIA Maternity leave (13 weeks by law): PT. JICT CBA provides for 17 weeks Two days menstrual leave (as in the law) Discrimination is prohibited in 70% of the CBAs Violence in the workplace is prohibited in 86% of the CBAs 1/3 of the CBAs prohibit sexual harassment (See PT. Ching Luh Indonesia) Multi Terminal provides for one month paternity leave (pay not specified) (law says 2 days) Maternity leave (13 weeks by law): Cambodia Airport CBA provides for 14 weeks; four CBAs provide for full wage. Sunway Hotel addresses discrimination related to maternity Regency Hotel provides for a Women's Commission within the company and clearly prohibits sexual harassment in the workplace. Three CBAs provide for paternity leave (not in the law)

Wages: no pay scales, but focus on monetary benefits: VIETNAM PAKISTAN Night work premium in 16% of the CBAs (Bata provides for 150%) – no provision in the law ¼ of the CBAs provide for monetary tuition/subsidy for children's education (see case of Pakistan Cables Ltd) Minimum wage One CBA provides 150% for night work (130% by law)

Wages: no pay scales, but focus on monetary benefits: VIETNAM PAKISTAN Night work premium in 16% of the CBAs (Bata provides for 150%) – no provision in the law ¼ of the CBAs provide for monetary tuition/subsidy for children's education (see case of Pakistan Cables Ltd) Minimum wage One CBA provides 150% for night work (130% by law) Same improvement for night work (130% to 150%) also in two Cambodian agreements.

Working hours and leave INDONESIA CAMBODIA PAKISTAN PT. Bukit Baiduri Energi provides for 18 days of paid annual leave (12 by law) Cambodia Airport provides for: 44 working hours per week (48 by law) 25 days paid leave (18 by law) Sona Welfare Foundation Rawalpindi reduces working hours to 40 from 48 (law) Pakistan National Shipping Corporation provides for 52 days of paid leave (14 days by law)

How collective bargaining data improve the lives and working conditions? CBA texts are published in the sites  increase awareness Good practices  model (sample CBAs)  better / new provisions Negotiators can compare clauses  improve collective bargaining and collective agreements  improve working conditions and reduce gender pay gap

All the collective agreements can be found at wageindicator All the collective agreements can be found at wageindicator.org/labour-laws/collective-bargaining-agreements To download this paper and presentation, please visit wageindicator.org/Wageindicatorfoundation/publications/ THANK YOU!