Subject: KSTL: World Bank strikers in Timor fired!
Please note the following info I've pasted below passed onto me from
KSTL, a Timorese union representing security guards and cleaning staff for
World Bank headquarters in Dili. They went went on strike and have now
been terminated. Their contracts were with Chubb Security.
Thank you. In solidarity, Karen Orenstein/ETAN
KSTL PRESS RELEASE
As a new country which promote the freedom of association as reflection
of the history of the people who had long struggle for independent and as
reflection of the value of human being and promote the democracy, it has
been starting to put in practice by respecting the value of human rights
to not doing any kind of practice of the dictatorial.
Based on the Constitution of Democratic Republic of Timor Leste article
51, which says that workers have the right to strike, so we the employees
of Chubb Protective Services who work as security and cleaner at World
Bank in Timor Leste, declare that we still keep continue our picket line
and try with our way to settle the dispute that we are facing and we fully
reject termination letter which is issued by Chubb Company on 4th of
December 2003 after one day picket line. We underline that the termination
letter that issued by Chubb Company is illegal because of few reason:
1. Against the Labor Code of Timor Leste section 37.2c, which says that
employer has the obligation to give notification 30 days for issued the
termination letter if worker have work for a year or more than a year.
2. The picket line that we did on 3 of December is legal because we
sent the notification in 18 of November 2003
3. World Bank is not essential service. Essential according to Labor
Code are Police, Ambulance, Electricity, Hospital, and public
transportation (labor code, section 1 part 2 about definition)
4. Moreover, the attitude of Chubb management by terminating those
workers who doing the strike has showing the dictatorship of the
management and not respect the value of human rights and clearly against
the Constitution of the Democratic Republic of Timor Leste article 51. And
its attitude has showing that Chubb Management has using the some strategy
which had used by colony by putting the Timorese people against their
Before the strikes, which begin in 3rd of December 2003, workers had
peace protest against World Bank and Chubb management for 8 days, but
there was no response by both World Bank and Chubb. There is now other way
for workers to protect their rights unless STRIKE, in which protect and
guarantee by constitution and Labor Code of Timor Leste.
We also condemn bed attitude of Chubb within 4 years since first time
they operated in Timor Leste, particularly the exploration and violation
against workers as a human being, who has the right to protect their
living condition and the prosperity for their family.
As an independent union in Timor Leste, we cannot tolerate those bed
attitudes that have been done by Chubb Company for Timorese Workers. Since
Chubb operated in Timor Leste, it does not abide by the regulation of
Timor Leste, such are: termination without reason, termination without
warning, unpaid overtime, discrimination on salary, and recruitment
Within 25 years we had fight to defend our right and liberate our
people from injustice, pressure, torture from the dictatorship of the
Indonesian Military. Now we want to promote and protect workers rights as
As a new country we promote democracy, the respect of workers rights
for development of the country. We cannot tolerate any kind of violation
against the workers right, because workers are not slave, but free people
who struggle for many years, seeking for the liberation of the land and
liberation of the people. Employer must respect this rights including
Chubb Company. Chubb has to realize that without workers, Chubb cannot do
anything. Both parties should respect each other as partnership for the
benefits of both parties.
For that, we call upon to every union in the world to protest this
attitude; which are against the human being and fundamental rights.
Dili, 9 December 2003
Jose da C. da Costa President of KSTL + 670 7239824
************************************* CHRONOLOGICAL OF THE CASE
1. In late 1999, when World Bank starts its operation in Timor Leste,
They recruit a few Timorese to work for World Bank as a guard and Cleaner,
than within few months, World Bank transfer those workers to Chubb
Protective Company, which is branch of Darwin Australia. At that time,
workers got paid US$ 108, than after 6 months, salary was increase to USD$
120, than after a year, workers salary increase to US$ 133 and US$ 3 cut
2. In November 2002, Chubb issued a notification to the workers, which
said that in the end of 2002 (December 2002}, the contract between Chubb
and World Bank will be finished. And Chubb said that they would lobby
World Bank to continue the contract with Chubb by tender with other
security company, so workers will remain do their job as normally. When we
confirm with other security company (SEPROSEPTIL run by Timorese} Than
Seproseptil said Chubb was the only one Company that provide security to
World Bank and it was happened without tender.
3. In December 2002 after the notification, suddenly Chubb come to
workers with 2 page of individual contract and ask workers to sing the
contract with salary US$ 94, without any explanation. They just force
workers to sign without read first. And they threaten workers that if
workers do not sign the contract, workers will finished their job with
Chubb, without any compensation.
4. Actually the continuation of Contract between World Bank and Chubb
just signed in June 2003, but Chubb already reduce workers salary since
5. Than in March 2003, Workers came to KSTL complaint about their case.
6. In March 2003, with assistance of KSTL, workers sent a letter to
Chubb asking for clarification meeting about reducing their salary. In
that meeting, we did not met with top manager (Nick Lear and Warren
Knight/Australian} but they sent local management/people to meet with KSTL.
The local people are Markus F. Kardinal as an Executive Manager and
Eduardo Belo as a Field Supervisor. In that meeting, Chubb said that the
reason of the reducing salary because World Bank have cut the budget for
security and cleaner. And they said that we have to confirm with
management of World Bank. Than we sent another letter to management of
World Bank asking for clarification meeting. 3 hour after they received
the letter, World Bank than called KSTL and said that World Bank have
nothing to do with the matter. And they ask us to talk to Chubb. At that
time KSTL had a big argue on the matter
7. In March 24 2003, KSTL sent another letter to Chubb asking for
second meeting and Chubb refuse to talk about the matter.
8. Than after few Days in March, Chubb said to the workers that Chubb
had decided to reduce salary of all staff same as government workers.
Than, again we have big argued on that reason because Chubb is Private
sector or profit organization, they cannot compare with the government
9. In March 29th 2003, Chubb had a meeting with all 32 workers, and
promise to the workers that there will be some changes in terms of salary,
after Chubb sign contract with World Bank in May 2003. But after June
2003, after Chubb signs the contract with Chubb, they did not talk to
workers about the matter.
10. Because of there was no result, workers together with KSTL, sent
another letter to Chubb, and copy to World Bank, Labor Department,
Parliament, which said that if no result, workers will strike. Than Chubb
make another strategy just to ovoid the strike, then pointed 4 workers who
represent other workers as representatives to be supervisor with paid US$
120, but doing the same things with other workers. But workers refused and
continue with KSTL to look at other way to solve the matter.
11. Than in 16 November 2003, after discuss with workers, all workers
agreed to have a strike in 24 November 2003 at World Bank main office. But
actually Strike just happened in 3rd of December 2003. Than one day after
strike, Nick Lear and Markus F Kardinal as management of Chubb issued a
termination letter for every workers that participate the strike and bring
another workers to replace those workers that did the strike. That
attitude is against labor code article 24.11 and constitution of RDTL
see also Labor Issues in East
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