THIS IS PURELY A POLITICAL BLOG OF LEFT ORIENTED PEOPLE OF WEST BENGAL. ITS AIM AND OBJECTIVE IS TO FIGHT AGAINST IMPERIALISTS, THEIR STOOGES, RIGHT REACTIONARIES, PSEUDO INTELLECTUALS, ANTI-NATIONAL TERRORIST OUTFITS AND UPHOLD DEMOCRATIC THINKING IN THE COUNTRY AND SAFEGUARD THE INTEREST OF WORKING CLASS AND TOILING MASSES.
Monday, August 6, 2012
Tuesday, June 5, 2012
ROHTAK, HARYANA - POLICE LATHICHARGES PROTESTORS NEAR CM’S CAMP OFFICE
ON May
21, protest demonstrators belonging to various mass organisations, including
many women activists, were lathicharged by the Haryana police near the
residence of the state’s chief minister, Bhupender Singh Hooda, in Rohtak. Led
by Dr Jagmati Sangwan, an AIDWA leader and other office bearers of various
unions, they wanted to submit a memorandum to the CM’s camp office which was
shifted to the CM’s residence recently. The lathi blows injured some of the
women and other protesters, compelling the agitating persons to stage a sit-in
on the spot and thus to a road block. CPI(M) leader Brinda Karat too joined the
protest and asked the senior police officers to take action against those
policemen responsible for this unprovoked lathi charge. The officiating SP,
Dhankhar, expressed apology and assured action against the erring cops.
The scandal and the irregularities related to
exploitation and torture of poor and helpless children and women by “Apna Ghar”
and “Suparna ka Angan” are well known by now. This has shocked all the
sensitive and justice loving democratic sections of the society. In order to
express their anger against such criminal acts and practices, a huge state
level procession was organised on May 21 under the aegis of “Jan Sangathan
Manch” at the local Chottu Ram Park , in
which hundreds of women, men and children from all over the state participated
and registered their strong protest. They included participants from the All
India Democratic Women’s Association, Centre of Indian Trade Unions, Kisan
Sabha, Democratic Youth, Students Federation of India and several other
organisations.
They were addressed, among others, by Ms Brinda Karat,
a former MP and CPI(M) Polit Bureau member, who strongly criticised the Haryana
government for showing utter insensitivity towards the alleged crimes against those who
most needed the protection in government aided shelter homes. She stated that
though some NGOs were doing better social work, many were indulging in making
money by corrupt means. She wondered how a woman charged with grave criminal
offences was still not dropped from government committees and the awards
conferred upon her had not been taken back.
CPI(M) state secretary Inderjit Singh also condemned
the use of police force in order to prevent the peaceful protesters from
approaching the CM’s camp office.
Later the ADC gave in writing that the administration
was recommending the withdrawal of awards given to Mrs Yashwanti and her
removal from government panels as demanded by the protestors. Following this
assurance, the latter ended the dharna and the traffic was restored.
The AIDWA-affiliated Janwadi Mahila Samiti’s unit in
Rohtak has constantly been protesting against it through protest dharnas,
processions, street-corner meetings and other means. Since May 14, it has been
constantly striving to make the people aware about how public and government
money is being misused in the name of social service. Not only this, the
inhuman treatment meted out in shelter houses, that includes sexual
exploitation and sale of girls/children, is a matter of grave concern. It is
believed that some government officials have been constantly visiting these
shelter houses. The Janwadi Mahila Samiti has many a time lodged protest
against this state of affairs and met the administration officials. Recently,
on May 8, 2012 , an
AIDWA delegation under the leadership of Jagmati Sangwan met the inspector
general of police, Alok Mittal, and appraised him of irregularities in the
“Apna Ghar.”
Later on, Brinda Karat and Jagmati Sangwan also
addressed a protest meeting in Gohana, organised against the gang rape of a
dalit girl student at Khanpur Mahila University . They
also met the vice chancellor and demanded justice to the victim and adequate
security for girl students.
20TH PARTY CONGRESS OF CPI (M) - MESSAGES FROM DIFFERENT COMMUNIST PARTIES
Message from the Communist Party of Ukraine
DEAR Comrades,
On behalf of Central Committee of Communist Party of Ukraine we express you sincere wishes for all participants of the 20th congress of the Communist Party of India (Marxist).
We wish all participants of the congress reach an agreed, mutual understanding and adopt decisions for further successful development of the inter-party cooperation.
Successes to all your undertakings, solidarity and all best wishes for all Indian communists for peace, wellness and prosperity.
--- Igon V Alekseyev, second secretary of the Central Committee of the Communist Party of Ukraine
Message from the Communist Party of the United States (CPUSA)
TO the Central Committee of the Communist Party of India (Marxist), to your 20th party congress, to the members of your party, and to the working class of India :
The Communist Party of the USA (CPUSA) sends its heartfelt greetings and best wishes to you on the occasion of your 20th party congress, assembled in the city of Kozhikode , in Kerala.
We are very much aware of the long history of struggle which has joined the working classes in our two countries, going back a century or more, to the historic Mumbai textile worker strikes in your country and the struggle for the 8 hour day that culminated in the Haymarket incident in ours. Our two parties also have a history of solidarity in struggle, from the founding of our party in 1919 and yours in 1925. For all these years, we have learned from each other’s experience, and supported each other’s struggles, and we are delighted that this tradition of solidarity and friendship continues in our own times. We have followed, also, the struggles of the Indian working class and masses, in which your party has played and continues to play such an important role. In particular, the massive strike last month, which saw such a splendid united front of all your trade union federations, is a beacon of hope for the working class worldwide. Here in the USA , we see many new advances in the trade union struggle, with a special focus on beating back the efforts by reactionary politicians to use the current national and world economic and financial crisis to break the backs of labour unions representing government workers especially. In the states of Ohio , Wisconsin , Michigan and others, an unprecedented level of working class mobilisation is thwarting such plans.
As you know, the position of the Left in US labour unions was severely damaged in the period of anti-communist repression, loosely called “McCarthyism” that began after the end of the Second World War. It has taken a long time and a hard fight to reverse the damage, but today we see both of our major union federations plus independent unions taking strong, progressive positions on issues of international solidarity and war. Very much worth mention is the solidarity given by US unions to the struggle of independent, democratic and Left-led unions in Mexico against capital’s attempts to destroy them. This portends great things for working class solidarity worldwide in the future.
We also are gratified to see the movement in the United States that started as “Occupy Wall Street” and now has branched out into hundreds of cities and towns, identifying itself as a struggle of “the 99 percent against the one percent.” We have found that the many encampments of “occupy” are very open to messages of socialism and also of international solidarity with struggles in the rest of the world. We are strongly supportive of this movement, and proud to be involved in it along with other sections of the Left.
The year of 2012 in the United States is an election year. The president, a third of the 100 members of the Senate and all 435 members of the House of Representatives have to be elected, plus state and local officials in some regions. We consider the 2008 elections, in which Barack Obama was elected president and the Democrats took away numerous legislative seats from the Republicans, to have been a major advance, not least because of the importance of electing an African-American president in a country in which racism has always been used to divide the working class, suppress the Left and labour and maintain reactionary politicians in the saddle. At that time, the Republican Party Candidate, John McCain, had taken an extremely belligerent and militaristic attitude, swearing he would stay 100 years in Iraq for example. Although we have not been satisfied with Obama in everything, we note that the current crop of potential Republican Party presidential candidates are exceptionally and dangerously reactionary, and would represent a major step backward not only for us but for the world if any of them should be elected. So we are working hard to prevent this from happening. They would certainly go on the attack against the labour unions, as well as appointing judges who would be, to the say the least, unfriendly to the rights of working people.
Worldwide, the financial and economic crisis is threatening the very foundations of the capitalist system based on neo-liberalism, globalisation based on the drive for corporate profits, union busting, deregulation, privatisation, suppression of workers’ and the people’s right to organise as well as their wages and working conditions, the decimation of essential public services, and new wars and threats of war. Our science teaches us that the capitalist system is discredited and must and will be discarded. Only united action based on a people’s alternative can get rid of this rotten and dangerous system. Today, the workers and masses around the world are at the point of perceiving such an alternative within their reach.
The current upsurges of popular resistance, in our country, in yours and worldwide, is most heartening. Here we are actively engaged in the trade union movement, the anti-war movement and the movement against the offensive of monopoly capital and the right. We are active every day in the struggle to preserve the right to vote, to protect our health care system, to beat back efforts to destroy women’s reproductive choice and the rights of sexual minorities, the right to join a union and fight for better wages and working conditions and to defeat racial and religious bigotry and the persecution of immigrants. We also struggle for peace, for a nuclear free world, for the protection of the environment including by means of a transition toward clean and renewable sources of energy. We oppose foreign wars, including those carried out via NATO, and fight fort a new, peaceful and respectful relationship of our country with the nations of the world. We call for an end to the US aggression and blockade against Cuba , and for the full freedom of the Cuban Five.
Our task is made difficult by the hegemonic control of the US ruling class over the press and media. A recent ruling by the US Supreme Court, which declared corporations to be “persons” with the constitutional right of freedom of speech, has opened the floodgates of corrupt corporate financing of electoral candidates. We are therefore exploring methods of using new developments in online communication and social media to overcome these new and old obstacles.
The fight against racism and McCarthyism continues also. We recently celebrated the 100th anniversary of the birthday of our late African-American comrade and party chairman, Henry Winston, who was blinded in prison where he had been incarcerated for being a communist, and also for his fight against racism and for socialism. All his life he had struggled against the main dangers to humanity, which he identified as racism, economic exploitation and militarism.
We salute the fight of your party and its allies in India against class and caste oppression as being the same struggle as that of Henry Winston, Martin Luther King Jr and so many others worldwide.
We stand with you in solidarity in your struggle against the globalisation of exploitation, against war and against profiteering.
We hope your 20th party congress is an occasion of joy and triumph.
Long live socialism!
Long live the Communist Party of India (Marxist)!
Message from the New Communist Party of Yugoslavia
ON behalf of the Central Committee of the New Communist Party of Yugoslavia express to you the most cordial revolutionary congratulations on the full success of the congress of your party.
We highly appreciate that you have struggled against aggressive and dominative manoeuvres of imperialists, to defend world peace and develop socialism.
We are confident the work of the congress will be successful in mapping a way forward through the very challenging times confronting the people of the world, with threats mounting from a global capitalist economic crisis and increasingly reckless and aggressive US-led imperialism.
We are convinced that the friendly relations between us will be further developed, supporting each other in the international arena under the ideal of independence against imperialism, peace and friendship.
Hoping great success in your works!
Long live working class internationalism!
Militant greetings!
--- Batric Mijovic, first secretary of the NKPJ
AFGHANISTAN: AMERICAN EXIT STRATEGY - YOHANNAN CHEMARAPALLY
AT the NATO summit in Chicago, President Barack Obama,
warned his allies that “hard days are ahead” as the US prepares
to withdraw from Afghanistan . Among
the audience were the Afghan president, Hamid Karzai, and his Pakistani
counterpart, Asaf Ali Zardari. Thousands of anti-war protestors had massed near
the venue of the summit. Clashes were reported between the police and the
demonstrators. The protests were led by US army veterans who had participated
in the wars in Iraq and Afghanistan . They
symbolically gave up their military medals. The Americans are desperately
trying to convince the NATO countries that have forces inAfghanistan to stay on till 2014, the year in
which the US forces
are to leave. The newly elected French president, Francois Hollande, however
reiterated his commitment during the NATO meet --- that all French forces will
be out of Afghanistan before
the end of the year.
UNANNOUNCED OBAMA VISIT
The
countdown to the American exit started with the unannounced midnight visit of
President Barack Obama to Kabul in
early May. The main purpose of the visit was to highlight Washington ’s
commitment to the deadline for withdrawal of troops in 2014. But this being an
election year in the US , Obama
also wanted to emphasise his “decisive” role in the elimination of the Al Qaeda
leader, Osama bin Laden. The visit of the American president coincided with the
first death anniversary of the Al Qaeda leader. President Obama, speaking to an
American prime time television audience from the Bagram air base outside Kabul,
said that he had made his surprise visit to usher in a new era in the relationship
between the US and Afghanistan. He claimed that it would be a “future in which
war ends, and a new chapter begins.” Obama in his address sought to assure the
war weary American public that peace was dawning on Afghanistan after a
decade of strife and violence.
The president who has made the killing of Osama, a
campaign issue, reminded his domestic television audience that the operation to
eliminate the al Qaeda leader was launched from a military base in Afghanistan . “The
goal I set, to defeat Al Qaeda, and deny it a chance to rebuild ----is now
within our reach,” the US president
said. The president claimed that it was during his tenure that the Al Qaeda
leadership was “devastated.” He said in his speech that 20 out of the 30 top
Qaeda leaders were eliminated in the last three years. It was well known for
some years now that the Qaeda had a very limited presence in Afghanistan ,
numbering less than a hundred. The remnants of the Qaeda were scattered in Pakistan , Yemen , Somalia and
other parts of the world.
As the “Osama tapes” released by the US in early May
reveal, the Al Qaeda was a rudderless organisation after 9/11, desperately but
unsuccessfully seeking to influence events in Afghanistan and the world.
The American President also revealed publicly for the
first time that the US government
had “started direct talks” with the Taliban to bring about a “negotiated
peace.” Obama stressed on a “clear time line to wind down the war.” The Taliban
has been demanding that the Americans spell out plans for the complete
withdrawal of all American forces from the country. The American president
spoke about the need for a “global consensus” on Afghanistan while
describing Pakistan as an
“equal partner” with “legitimate” interests inAfghanistan . But the president’s emphasis on
“global consensus” gave countries like India , Russia , China and Iran a
political stake in the future of Afghanistan .
The Taliban had withdrawn from the preliminary talks
with the US government
earlier in the year. The events of desecration of the Koran and atrocities by
American troops against Afghan civilians are some of the reasons being given by
the Taliban for the breakdown of the nascent dialogue process. The Taliban had
also rejected American conditions for full-fledged talks to begin. These
included recognition of the Karzai government and agreeing to a ceasefire
before the departure of American troops. The only demand the Taliban were
willing to concede was that of snapping their tenuous links with the Al Qaeda.
CONTOURS OF FUTURE TIES DELIBERATELY LEFT
VAGUE
Obama
also claimed that the Afghan security forces were now ready to shoulder the
responsibility for maintaining security. American and NATO forces will be
relinquishing combat duty next year prior to their withdrawal from the country.
At the same time, the American president talked of an “enduring partnership”
with Afghanistan . Obama
and the Afghan president, Hamid Karzai, signed an agreement detailing the new
partnership between the two countries after 2014. The US has
pledged to help Afghanistan economically
for a decade though no details of American financial commitment have been
forthcoming. No concrete measures were announced to combat the drug menace in
the war-torn country. Afghanistan is the
biggest opium producer in the world. The Taliban, Afghan warlords and
government officials have all gained in different ways from the receipts of the
drugs trade. Neighbouring Tajikistan ’s
economy is now dependent on the transit of illegal drugs through its territory.
The contours of the future security relationship
between the two countries have also been deliberately left vague. It has been
widely speculated that the US will
retain many of its military bases in Afghanistan after
the bulk of its troops are withdrawn in 2014. The UShas
been publicly demanding that its Special Forces remain in the country after
2014. The US secretary
of state, Hillary Clinton, recently stated that Washington was not
seeking permanent military bases “or a presence that is considered a threat to
the neighbours.” At the same time she anticipated “that a small number of the
forces would remain at the invitation of the Afghan government.”
The latest agreement, however, contains assurances
that the US will
not be building new military bases or use the current facilities it uses to
launch attacks on Iran from
inside Afghanistan . Washington has
also promised to designate Afghanistan as “a
major non-NATO ally.” This will commit Washington to
defend Afghanistan if it
faces aggression from a third country. Iran, Russia, China andPakistan have objected to the retention of
American bases after 2014. Iran, which is being continuously threatened with
war, is already ringed by the largest number of American military bases.
These and related issues are expected to be formally
ironed out when a “Bilateral Security Agreement” between the US and Afghanistan is
signed within a year. A Pentagon spokesman said that the Afghan authorities
would not have a say in the conduct of the night raids. President Karzai has
chosen to describe the new agreement with the US as one
“marked by mutual respect.” But the “Enduring Strategic Partnership” agreement
signed during the Obama visit allows the US Special Forces to continue with the
hated “night raids” on private Afghan homes under nominal Afghan supervision.
Karzai has been crying hoarse for the last several months, demanding the
immediate end to the night raids. The Pentagon has been claiming that the raids
have resulted in the elimination of several Taliban leaders and their
supporters.
The Afghan government and human rights groups have
said that most of the victims have been innocent civilians, among them women
and children. Washington has
also not given any indications that the drone attacks being launched from Afghanistan are
going to stop any time soon. The Pakistani government has been loudly demanding
the cessation of drone attacks inside its territory. The drone attacks in the
country’s tribal areas have inflamed public opinion and have hampered Islamabad ’s
efforts to repair the strained ties with Washington .
The
timing of the Obama visit was also dictated by the NATO summit held in Chicago on May
20. The main agenda of the summit is the withdrawal of foreign troops from Afghanistan . Like
in America ,
public opinion in these countries is overwhelmingly against the war in Afghanistan . Washington wants
to use the NATO summit to make its recalcitrant allies remain cooperative and
for continued financial commitment to the Karzai government after 2014. With a
global economic downturn putting the western economies in a tailspin, there
will be little incentive for sinking more money into the Afghan quagmire.
During his brief Kabul visit,
Obama had warned that if foreign forces left Afghanistan in a
hurry, NATO would have to surrender many of its military gains.
As soon as the American president left for home after
his hurried visit, Kabul was
once again rocked by insurgent attacks. The Taliban said the attacks targeting
security installations were a “message” to Obama. The latter has been claiming
that the “tide has turned” against the Taliban insurgency. In recent months,
however, the Taliban and their allies have shown that they have the capacity to
strike sensitive targets in Kabul and other major cities at will; 138 American
led NATO troops have been killed since the beginning of the year. Most experts
predict that the US will
not be able to secure the south and the east of Afghanistan before
the scheduled departure date of 2014. Recent Taliban attacks have extended to
the Tajik and Uzbek dominated areas which were relatively peaceful till now.
The 330,000 strong Afghan National Army (ANA) has
shown that it is incapable of fighting on its own, despite the billions of
dollars spend on its training and arming by the West and its allies. NATO
provides 11 billion dollars a year to support the Afghan Army. A recent report
said that most of the ANA soldiers are functionally illiterate. Besides, they
have a propensity to defect to the opposition with their uniforms and arms.
Some 20 per of all NATO troop casualties this year was at the hands of rogue
ANA soldiers. After the Koran burning incident, undisciplined US
soldiers have further fuelled Afghan anger by going on periodic rampages
targeting innocent civilians and posing with the bodies of dead and dismembered
insurgent fighters. The latest gruesome photos of US
servicemen posing with Afghan human trophies were published in the Los Angeles Times in mid-April. The newspaper had chosen
to publish the pictures despite heavy pressure from the Pentagon.
Despite the optimism expressed by President Obama
about the future of Afghanistan during his latest hurried visit to the country,
according to most observers of the region, is that the country is a less secure
place than it was when the Americans first arrived in 2001. The US has
spent more than 450 billion dollars so far on its military adventure in Afghanistan . The
Afghan economy is almost completely dependent on military spending. About 70
per cent of Afghans survive on less than 2 dollars a day. According to aid
agencies, more than 30,000 children are dying every year in the country due to
the effects of malnutrition.
VENEZUELA UNVEILS REVOLUTIONARY LABOUR LAW - R ARUN KUMAR
THE new labour law that Hugo Chavez, president of Bolivarian Republic of Venezuela , signed on International Labour Day (May 1,
2012 ) did not
get the desired attention. This is nothing surprising as corporate media always
tries to block all news about the empowerment of the working class. The law
defines work as a social process, guarantees minimum wages, right to organise,
strike and ensures equality in work place. Signing this law, Chavez stated:
“The triumph of the people, of the workers, has never come about without a long
process of resistance, of struggle, suffering even. This law, which I will have
the honour of signing...is the product of a long process of struggle.”
IMPORTANCE OF THE LAW
Signalling the
importance of this law, Fidel Castro wrote: “It satisfies me greatly to
observe...the profound impact on the sister people of Venezuela of the Ley Orgánica del Trabajo (comprehensive labour
law) promulgated by the Bolivarian leader and president of the republic, Hugo
Chávez Frías. I have never seen anything like it within the political scenario
of our hemisphere. I paid attention to the enormous crowds who gathered in the
plazas and avenues of Caracas and, in particular, the spontaneous words of citizens
interviewed. I have rarely seen, perhaps never, the degree of emotion and hope
which they put into their statements. One could clearly see that the
overwhelming majority of the population is constituted of humble workers. A
veritable battle of ideas is being forcefully waged.”
The process of reforming the labour laws in Venezuela began
in 2003. The consistent pressure exercised by the Venezuelan working class
hastened this process and it gained momentum since last year. The entire
concept of 'reforming labour law' and the process carried out in Venezuela is in
contrast to what we witness in our country. (A brief summary of various
articles, given at the end, distinctly bring out this contrast.) Numerous
missions that were functioning in the country were used to collect input from a
large cross-section of society. During the five-month consultation process with
communal councils, trade unions, and political parties, the government received
19,000 proposals, 90 percent of them from workers.
According to many experts, this is the most important document issued by
Chávez's government since the Bolivarian constitution of 1999. Just as the
constitution was opposed by the oligarchy, the opposition is back again in arms
against this labour law, which they rightly see as targeting their privileges.
They were unable to digest the fact that Chavez announced a 32.5 percent
increase in the monthly minimum wage, to be carried out in two phases. [The
first phase took effect on May 1 with an increase from 1,548 bolivares ($360)
to 1,780 bolivares ($413.90). On September, it will increase another 15 percent
to 2,047 bolivares ($476).] True to their class interests, they are protesting
against the law, which the majority of the people are supporting. According to
International Consulting Services, an international polling agency, over 80
percent of Venezuelans hold a positive view of the law, compared to 13 percent
who do not.
The law, many believe, will become one of the important agenda on which
the presidential elections scheduled for this year would be fought. Foreign
minister Nicolas Maduro called the labour law “an instrument for constructing
the highest stage of socialism.” The government had already initiated an
extensive discussion on this law among the people. A large number of copies are
printed and distributed among the workers and other sections of the population,
to be studied by them.
GIST OF THE LAW
The law comprises nine
chapters and 554 articles. Some trade union activists and defenders of labour
rights consider this law as one of the most advanced and innovative labour laws
in the world. The timing of the law, amidst the severe global economic crisis
and the attacks on working class rights in the name of austerity, enhances its
significance.
The law identifies its objective as to “protect work
as a social deed” and to “protect workers’ rights, recognising workers as
creators of socially produced wealth and as protagonists in education and work
processes.”
Some of the most important and radical features in the
law are as below.
1) House work is an economic activity that creates
added value and produces wealth and well being. Housewives have the right to
social security, in accordance with the law (Article 17).
2) The social process of work has, as its main objective, to overcome
forms of capitalist exploitation, as well as to produce goods and services that
guarantee our economic independence, satisfy human needs through the just
distribution of wealth, and create material, social, and spiritual conditions
that allow for the family to be the fundamental space for the integral
development of people...social process of work should contribute to
guaranteeing: independence and national sovereignty, economic sovereignty,
human development for a dignified existence and economic growth that allows for
the elevation of the standard of living of the population, food sovereignty and
security, protection of the environment and the rational use of national
resources (Article 25).
3) It defines outsourced labour as “fraud committed by employers in
order to distort, deny, or create obstacles for the application of the labour
law” (Article 47) and prohibits outsourced labour in Article 48, which means
that the following is not permitted: contracting work entities for a public
work, service, and so on that is permanent and directly related to the
productive process of the hirer, hiring workers through intermediaries in order
to avoid obligations to those being hired, creating work entities in order to
avoid obligations, and so on.
4) Wages can’t be below the established national minimum wage, nor less
than what other workers are paid for the same work, in the same establishment.
It’s preferred that the work contract is in writing, where there is nothing in writing,
the statements made by the worker are assumed to be true until proven otherwise
(Articles 55-65).
5) If a worker is unjustly fired, they have ten days to go to the judge
of Sentencing, Mediation, and Execution so the judge can order salary payment.
The employer has three days to comply, and if he or she doesn’t, the judge can
force compliance by confiscating property of the employer. If the employer
still fails to comply, they can go to prison for six to fifteen months (Article
85-95).
6) Workplaces should distribute at least 15 percent of liquid benefits
(net earnings after tax) obtained at the end of the financial year. For each
worker that is also a minimum of one month’s wage and maximum of four months.
Workers have the right to examine and verify the work place’s inventories and
balances in order to check that they are being paid the correct amount
(Articles 131-140).
7) Where there is an illegal or fraudulent closing of a workplace or an
employer strike, the work minister can, at the request of the workers, order
the occupation of the workplace and restart productive activity. Worker’s can
request state technical help to reactivate the productive process (Articles
148-151).
PREFERENCE TO WORKER
8) Salaries, social
provisions, and any other amount owed to the worker will have preference over
any other debt owned by the employer, including mortgages and loans.
Preventative confiscation of the employer’s property can be carried out in
order to guarantee this (Article 151).
9) Working days per week can’t exceed five, and workers have a right to
two days of rest. The working day can’t exceed eight hours per day or forty
hours per week. A working night can’t exceed seven hours per shift or 35 hours
per week. The same hour limits
apply to a 'mixed' work week which combines night and day shifts (Article 173).
10) Work carried out in the home, by paid workers such as gardeners,
cooks and babysitters, will be regulated by the new law (Articles 207-208).
11) The working day for workers from home is regulated by the law and
workers must also enjoy two full days of rest as established in the law. They
cannot be paid less than their counterparts who work in their employee’s shop
or workplace and who carry out the same tasks. They should never be paid less
than the minimum wage (Articles 209-217).
12) Agricultural workers will be entitled to paid holidays as defined in
the law. Agricultural workers should work no more than 40 hours a week or 8
hours a day. They have the right to two days of rest per week. If the
agricultural worker has personally cultivated a plot of land within the
agricultural production unit, they will be entitled to stay there once the
working relationship has ended. If they did not make use of that right, the
employer will be obliged to pay the agricultural worker for the value of any
produce which remains in the agricultural production unit and has been
cultivated by the worker (Articles 229-238).
13) Young adults have the right to participate in the development of the
nation. As the result, the state must provide for their education and inclusion
into the social process of work as students, apprentices, interns, scholarship
holders, and workers (Article 300).
14) Inventions, innovations and improvements are classed as products of
the social process of labour, to satisfy the needs of the people through the
just distribution of wealth...A worker will always maintain a moral right to
their invention, which under no condition can be removed from them (Articles
320-329).
15) Employers are prohibited from soliciting medical reports or exams
from female applicants to a job to determine whether they are pregnant or not
(Article 332).
16) Maternity leave is granted for 6 weeks before and 20 weeks after
giving birth, to be extended in case of illness, during which time the mother
will receive full salary and benefits (Articles 333-338).
TU ACTIVITY GUARANTEED
17) Workers have the
right to be affiliated to trade unions without exception and free of
discrimination. Trade union activity is also a right guaranteed by the state.
Employers cannot fund trade unions, establish them, obstruct union activities
or discriminate against workers based on their trade union affiliation.
Employers have a legal obligation to put an end to anti-union activities within
72 hours of becoming aware of them. Failure to do so is punishable by law
(Articles 353-430).
18) It defines a strike as a “collective suspension of
work activity,” workers are allowed at the work place during a strike.
Requirements for striking include: having presented the list of demands and
that 120 hours have passed since presenting the list. Importantly, workers’
service time isn’t affected by strikes, and companies can’t hire workers or transfer
workers from other places to carry out the work of the strikes (Articles
472-496).
19) An employer who doesn’t pay their worker on time, or enough, or in a
prohibited place, will be fined a minimum of 30 to a maximum of 60 UT (tax
units, that go on increasing with inflation, as of May 2012, 1 UT was worth 90
bolivars or US $21) (Article 523).
20) Certain cases warrant arrest (for 6-15 months) of an employer who
refuses to obey an order to rehire a worker, violating the right to strike,
obstructing the work of the administrative authorities, or illegally or
unjustifiably closing a workplace (Article 523).
As we see from the above points, this law not only 'unleashed a battle
of ideas' in Venezuela , but will further radicalise the working class. It
also has the potential to become a weapon in the hands of all those who are
fighting for the rights of the working class. How this battle will be waged and
in which direction this battle will progress, depends on the strength of the
working class and its political maturity.
It is these 'weapons of alternatives' which Venezuela supplies to the international working class movement
that makes the ruling classes afraid. Tremble they may, but they cannot stop an
idea whose time has come.
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