Gender-based violence clause in Chiquita-COLSIBA-IUF agreement
In 2011, A Women’s Committee was created as part of the Chiquita/IUF/COLSIBA Regional Agreement, which aims to promote and strengthen a safe working environment (free of harassment, exclusion and inequality) for women workers (source: Banana Link).
In 2013, the IUF and COLSIBA signed an anti-sexual harassment clause with Chiquita, an annex to the international framework agreement of 2001. It committed all parties would work together to foster a safe environment for women workers on Chiquita’s company-owned plantations in Latin America. A training manual was created and distributed to unions and management that would serve as a guide for including anti-sexual harassment language in future collective bargaining agreements. COLSIBA affiliates representing workers on Chiquita plantations then began educating their members about the clause and Chiquita management began to work internally to inform local management about the clause and develop a code of conduct that prohibits sexual harassment (source: Banana Link).
Sample anti-sexual harassment clauses that has been negotiated by COLSIBA unions can be viewed online in English and Spanish.
SITRABI Gender Clauses
SITRABI is the oldest private sector union in Guatemala, representing over 4000 members in Del Monte banana plantations on the Caribbean coast. The Women’s Committee of SITRABI constructed 29 clauses that the union uses in their collective bargaining negotiations with Del Monte management. It has successfully implemented
Article 33. Work Tools
- The company, every 6 months will provide a pair of shoes in different sizes to workers that labor in the areas of: sealing, weighing, packaging, checking, box hanging, plastic inserter, sweeper and support workers and suction sections.
- The company will provide five good quality sport shirts, twice a year to workers in the sealing, weighing, packaging and support personnel sections.
- The company will provide support belts to packing workers or those who need it for the prevention of hernias and lower back muscle strain.
- The company will keep first aid kits and feminine products in each medicine cabinet in case of worker accidents.
Article 33. Preferences
- In the packing department, women will occupy the jobs in the following areas: selection, handshake, stamp, weight, packaging, checker, box hanger, plastic meter, support staff and sweeper.
- The union representatives and packing plant manager will be the only people who will be responsible for hiring personnel for the packing department.
Article 82. Permits with the benefit of salary
- When the workers have medical appointments in the capital city, the company will pay 2 days with salary.
- When minor children of workers have a medical appointment, the company will pay the day with salary.
Permits without pay
- When workers receive permits without pay to attend to illnesses of their minor children, it will not count against their attendance record.
Hygiene and safety
- The company, in order to protect the health of the workers will keep purified water for consumption in each work center.
- The company will place lockers in each packing plant, so that each worker keeps their belongings during their working day.
- The company will place good quality synthetic mats in the seal, weight, support personnel, packing, checker and sweeping areas.
- The company will keep a telephone in each packing plant for any family emergency situation.
- In plants with high production, workers that have to lower the fruit from high belts will carry it out as support work and rotate once a day because of the heavy nature of the task.
Article 65. Education
- The company will place a teacher of pre-primary education in each educational center so that young children can prepare academically.
- The number of boxes packed per hour will be 45 boxes per person per hour, not including spare hours.
- The salary increase per hour will be 40%.
Article 66. Medical service
- The company will facilitate two medical shifts per month, conducting cytology exams at the Yuma plantation. This is in order to counteract the absenteeism of women in each packing plant.
- The company will maintain a general practitioner in the Yuma plantation to cover emergencies exclusively for workers.
- When workers suffering from a certain disease and the Guatemalan Social Security Institute no longer covers cash benefits, the company will cover their minimum wage.
- Each year, the company will pay the cost of the mammography examination to each worker who needs it and wants to undergo the examination.
- The company, complying with the provisions of article 155 of the Guatemalan Labor Code will build two children centers, one in section A of Aztec plantation and the other in the B section of Creek plantation, so that workers who have their young children can leave them to the care of a suitable person while they are working.
- Workers who are absent only three days a year of their work, regardless of the reason or reasons, will be awarded a bonus of 3,000 Quetzales by the company.
- When a boss sexually harasses a worker and the case is proven, the company will take disciplinary action against the aggressor.
- No form of harassment by an immediate supervisor or manager is allowed, whether at the time of going to the bathroom or drinking water. These cases will be reported to the union and company to investigate the behavior of the aggressor. If repeated, the company will sanction the aggressor in because it will be taken as harassment, workplace violence and lack of respect for the worker.
- When a worker needs permission without salary to cover any emergency, this permission will not be denied at any time.
- In permits without salary, the word "telegram" is changed to "text message or whatsapp" addressed to your immediate boss and union leader.
Article 70. Permits for sales.
- The company will grant permission to install a refreshment and food sales booth to the staff of the women's committee in plant number 22 and new plants, in order to raise funds for women's activities.
Article 63. Loan funds.
- The company will grant the union women's committee a loan in the amount of 20,000 quetzales to install a business selling soft drinks and food, or any other business.