Unions and labour rights groups are increasingly making use of the various opportunities that exist to file a complaint when rights are violated. So, what does it mean to file a complaint, what are the different mechanisms, how is it done, and how useful is it in achieving respect for workers' rights?

There are now quite a variety of different mechanisms through which complaints can be made against garments/sportswear companies which violate workers' rights.

In most cases, violations of codes of labour standards also constitute violations of local labour law. So, filing a complaint through one or more of these routes is often done in addition to filing the case with local labour law enforcement authorities.

In fact, it is not unusual for a union or labour rights organisation to file grievances simultaneously wherever they can. And why not? It increases pressure for the resolution of the case in question. It also draws broader public attention to what are often systemic problems that transcend the single workplace.

Labour rights advocates have long maintained that codes of conduct are worthless if they do not contain a system that monitors and verifies compliance with the code. But social audits - where, say, a professional auditing company comes into a factory to make an examination - are limited in scope. For example, they only provide a "snapshot" of labour practices at a specific moment in time.

So, there should also be a mechanism to handle complaints coming directly from the workers concerned and their organisations. It is a way of ensuring their direct input at any point in time. Some companies are starting to see how this can help alert them to problems and get them solved more quickly. Labour rights activists see it as another avenue for pressuring companies to make improvements.

However, the route by which complaints are handled is often not very clear. What is supposed to happen in theory often does not work out that way.

Theoretically a complaint should travel "up the chain" from work-ers (and their union or support organization, where one exists) to local and then senior managers of their production facility. Or, if this does not produce results, the complaint is made from the workers/union direct to the brand or retail company, sidestepping local management. Or again, if this fails to bring a result, they can go up one more level to the multi-stakeholder initiative and/or file with an intergovernmental body.

The CCC's work on urgent action cases has provided a great deal of insight into the possibilities for developing complaint mechanisms for brands or MSIs so that they can be credible tools for resolving worker grievances. We have identified key issues that must be addressed if they are to be useful:

Then there are also the broader issues of time, funding, and reporting. The CCC is committed to pushing for the development of complaint mechanisms that can result in meaningful and sustainable positive change for garment and sports shoe workers.

It is not often that workers know when the companies buying their production have complaint mechanisms. More often, it is international support organisations that have this information. When the CCC gets an urgent request from workers for help, we alert the buyers and push them to take action. They may have an existing complaint mechanism but, if not, we urge them to set one up. Other labour support organizations have a similar approach.

Some brands/retailers (for example, Gap, H&M, C&A) have local staff in their countries or region of production, and send them to talk with factory management. Where there is no local staff, the company will contact management and, perhaps at a later stage, after sustained pressure, send in a lawyer or auditor, or go themselves. Often in this first phase no communication with workers or related organizations takes place. All that is obtained is management's view. This of course contradicts the view of those filing the complaint, but significantly also often turns out to be simply misleading, for example based on an incorrect interpretation of local labour law. Not surprisingly, a drawn out debate takes place, and there may be no resolution. There are many such outstanding cases.

However, where pressure can be brought to bear internationally, via public campaigning or by involving other parties like MSIs or international governmental bodies, some cases do result in effective action that meets the demands of the workers. Also, some brands and retailers are beginning to see that sole reli-ance on workplace management for information does not nec-essarily lead to a swift resolution of problems, and are taking more seriously the need to consult directly with the workers making the complaints.

The short answer is that, yes, sometimes lodging a complaint can make a difference. The CCC has seen some positive results out of complaints being filed with individual brand companies, MSIs or intergovernmental bodies. They include the cases of Gina Form (Thailand), Jaqalanka (Sri Lanka), Stella (China), Choi Shin (Guatemala), Codevi (Haiti), BJB (Dominican Republic), and Square Fashions (Bangladesh).

The type of action that has been taken includes: