March 2002 - Clean Clothes Campaign (Spain)
REPORT SUMMARY:
"The responsibility of Spanish garment retailers for
the social and working conditions in small production centres
in Northern Morocco."
 Cities
in Northern Morocco have traditionally been an attractive area
for Spanish investors: they represent the second largest foreign
presence in the country's industry, particularly in the area
of production where they account for 37% of registered companies
and employ a third of the work force.
Tangier is of particular note, since it is home to a fifth
of these companies and to a quarter of the workforce. Tangier's
importance in this area soared in the 80s due to the various
opportunities that this city has to offer. Companies installed
in Tangier see investment benefits multiply, for example they
enjoy a 50% reduction in corporation tax, a reduction which,
in the case of Tangier, can reach almost 75 %.
The CLEAN CLOTHES CAMPAIGN report is divided into 4 sections.
In the first section the research methodology is explained.
, The research was carried out in two phases. Between March
and June 2001 the working group of researchers and study collaborators
(5 women, 3 of whom are Moroccan) was formed. During the second
stage, from September to March 2002, the information network
was set up, two workshops visited, business leaders and trade
unionists interviewed and regular observation of a family and
a group of female workers undertaken.
With respect to this first chapter of the report, it is important
to highlight the intense fieldwork carried out by the research
group, which has enabled us to learn more about the social and
working conditions in which garments produced by a large number
of the main Spanish labels located in Morocco are produced.
This has enabled the research team to conclude that in Tangier
alone there are more than 500 informal or clandestine textile
workshops.
Of these workshops, the Clean Clothes Campaign team investigated
the production of 20, in order to obtain a random, representative
sample of the sector's activity.
Fieldwork from the first stage was used to establish contact
with the various parties: corporate, labour, Trade Union and
governmental, collect information on garment manufacturers and
determine which Spanish labels these companies supply. The result
of this initial study was a preliminary report entitled: "Social
and working conditions in the garment industry in Northern Morocco
and the relocation of Spanish retailers' production facilities."
This preliminary report gave a general overview of the context
in which the second part of the study would be undertaken and
of the general problems of working conditions within the garment
industry. Thus, already in the first report it was shown how
the social and working conditions of workers, especially women,
is suffering a progressive deterioration as the number of "informal"
workplaces increases.
During the second stage of the investigation the following
objectives were studied in depth:
-
To ascertain which clothing labels were produced
in clandestine or informal workshops: to obtain "proof"
of this production via clothing labels provided by workers
themselves or their contacts.
-
Obtain a more detailed profile of the social
and working conditions in these small garment production centres:
direct access to 8 workshops to obtain in situ evidence of
the labels that are being produced and the working conditions
there, interviews with workers (male and female) from 15 different
workshops, creation of discussion groups with female workers
twice a week, regular observation of a family with four daughters
working in the garment industry, two of whom were working
in informal workshops and two others in established factories.
-
Study the responsibility of Spanish companies
for the social and working conditions of these workshops:
10 workers from established factories and 10 others from informal
workshops and various individuals from different areas of
these institutions were interviewed.
-
Analyse the problems that the difficult working
conditions in these workshops generate and reflect on possible
actions and solutions.
THE SECOND CHAPTER contains an in-depth analysis of
these workshops' characteristics and the possible implication
of specific Spanish garment manufacturers in these unacceptable
working conditions.
This analysis shows that the majority of workshops - of which
there are more than 500 in the city of Tangier - are inadequately
located in the lower floors of buildings. These workshops commonly
employ an average of 60 workers, the majority female, and, on
a significant number of occasions, also adolescents. Some of
these workshops are legally recognised as companies and therefore
sometimes have an official name, but many are completely clandestine
or informal.
All the clothing manufactured in these workshops is for exportation
and the majority is destined for the European market: France,
the United Kingdom, Spain, Germany etc. Currently 25% of retail
manufacturers located in Morocco have capital that is totally
or partially of foreign origin. In general, these companies
dedicate themselves solely to the manufacture of garments for
their European matrix, in contrast to the majority of Moroccan
enterprises that produce for numerous Western clients.
THE THIRD CHAPTER of the report includes a table that
compares workers' social and working conditions in the garment
workshops analysed in Tangier. In this table (attached) 4 categories
are established for Spanish garment retailers manufacturing
in Tangier. These range from those who provide correct and acceptable,
even exemplary, conditions with their own manufacturing installations
(relocated Spanish firms), to those who subcontract their production
to already existent enterprises (workshops) in which the working
conditions are extremely precarious and totally unacceptable.
THE FOURTH CHAPTER contains an analysis of the principal
problems (working women, child labour, and trade unions) and
provides suggestions for possible courses of action that could
contribute to solving them.
FINALLY we would like to emphasise that the study has
revealed that, out of the 20 workshops investigated (as a random,
representative sample), a total of 12 (that is 60%) are producing
or have produced for known Spanish labels. That is to say, specific
Spanish companies have subcontracted these workshops, whether
consciously or not (an aspect which the companies themselves
must clarify) to manufacture their garments. Of these Spanish
companies the following are particularly prominent:
-
Inditex (5 workshops detected/ 25%)
-
Mayoral (5 workshops detected/25%)
-
El Corte Inglés (3 workshops detected/
15%)
Other Spanish firms have also been detected, although only
on isolated occasions. Therefore, in these instances the results
obtained could be due to different circumstances and should
be investigated in greater depth.
REPORT EVALUATION
It is possible that the major Spanish labels highlighted above
do not manufacture the majority of their garments in these workshops.
However, the CLEAN CLOTHES CAMPAIGN considers it a serious matter
that, at the current time, they make use of this practice, considering
the negative consequences that it has for the workers involved.
Moreover, we believe that these results are only the tip of
the iceberg and that they could be extrapolated for the more
than 500 informal workshops in the Tangier area.
This study confirms what the Spanish CLEAN CLOTHES CAMPAIGN
has long been denouncing: that Spanish retail manufacturers
are not distanced from the unacceptable effects of the current
process of globalisation, effects which the international CLEAN
CLOTHES CAMPAIGN has already denounced in the case of other
major retail manufacturers.
The CLEAN CLOTHES CAMPAIGN would like to remind people that
some Spanish retail manufacturers, such as Mango and Burberry
have already established collaborative agreements with the Campaign.
These aim to avoid situations such as those described in this
study and to search jointly for solutions, with the aim of improving
these companies' social responsibility policies.
This is why the CLEAN CLOTHES CAMPAIGN is once again urging
Inditex, Mayoral and El Corte Inglés to assume their
responsibilities in these issues and respond positively to the
demands made by the campaign in order to search for solution.
TABLE SUMMARISING WORKSHOP CONDITIONS
Work contract
-
Current legislation
A working contract is established between the employee
and employer at the start of their working relationship.There
are 2 kinds of contract
-
Practice in small workshop
No legal working contract is established.The working
relationship is usually initiated by the manager, without
any transparency, depending on market conditions.
Occasionally, but not always, hourly rates are agreed orally.
-
Current legislation
Employee and employer are free to set the salary rate, but
this must not be below the minimum wage
SMIG = 8,77 Dh/h In addition, all workers should receive a
bonus dependent on length of service. This is fixed by legislation
at the following levels:
-
Practice in small workshop
Usually fixed at discretion.
We divided workshop employees into 3 categories, depending
on their area of work:
1) sewing
2) ironing
3) cutting, checking of sewing, packaging of finished garments
The first category tends to be the best paid.Optimally, hourly
rates can reach 9 Dh. A typical hourly rate would be 7 Dh/h.
Wages in the 2nd and 3rd categories lie in the range of3 Dh/h
- 5 Dh/h
Amongst workers in the same category wages can fluctuate widely,
without any valid justification.
Often the monthly wage does not in any way correspond to the
agreed hourly rate.
Exploitation of younger and / or illiterate workers is common
and these are often paid a lower rate.Deductions are often
made from workers' salaries for social security contributions
that in reality are never made and in punishment for e.g.
taking a longer break or laughing too loudly.
-
Current legislation
Working hours are set at 8 hours / day or 48 hours / week.Women
and minors under 16 are not allowed to work between 22.00
and 05.00
-
Practice in small workshop
Working hours are usually dependent on deadlines for orders.Typically
workshop employees work 10 hours / day.Occasionally, in order
to meet a deadline for an order, employees work all night,
in addition to the standard working day. Many women and adolescents
(14-16) work from morning all through the following night.
-
Current legislation
Wages must be increased 25% between 05.00 and 22.00. During
days-off and holidays, these should be increased 50% between
05.00-22.00 and 100% between 22.00 and 05.00.
-
Practice in small workshop
Overtime is not paid at a higher rate. If recognised,
it is paid at the standard rate.
-
Current legislation
The company must become a member of the national social security
scheme (CNSS) and affiliate its employees. Social security
payments should be made in part by the company and in part
by the worker.
The types of social security affiliation are as follows:
-
family benefits: 8.87% employer contribution,
0% employee contribution
-
Short-term benefits: 0,44% employer contribution,
0,22% employee contribution
-
Long-term benefits: 6.08% employer contribution,
3.04% employee contribution.
-
Professional formation contribution:
1.6% employer contribution, 0% employee contribution.
The following social security benefits are
available:
-
Daily compensation for illness or accident
-
Daily compensation for pregnancy
-
Family assistance
-
Widow / widower's pension
-
Disability benefit
-
Retirement pension
Workplaces employing more than 50 staff must provide
medical facilities in the workplace. The costs of this provision
are met by the employer.
-
Practice in small workshop
Usually, no workshop employees are affiliated to the CNSS.
Some workers are not aware of the reasons for and benefits
of membership Sometimes money is deducted from there monthly
salary but they are not affiliated. Pregnant women lose their
positions. In the case of prolonged illness the same thing
happens, unless their work is indispensable or they bring
a doctor's certificate. In any case days not worked are deducted
from the worker's salary. In some workshops there are weekly
doctors visits. In general, workers' opinions of this service
are negative. According to them, doctors simply prescribe
drugs that the majority of workers can not afford to pay for.
In some cases the workers themselves have developed a shared
medical fund which can be used to pay for medicine in urgent
cases.
Accidents and illness in the workplace
-
Current legislation
Workplace accidents are those which occur as a consequence
of work or during the journey to or from the place of work.
The employer is obliged to:
-
Practice in small workshop
Accidents at work occur either due to an unsafe act (human
factor) or an unsafe condition (technical factor, machinery,
installations). In this sector, workplace illnesses are due
to workers exposure to hazards and the lack of care and provisions
from their employers. In general workplaces are not ventilated
and have no natural light. Workshops are small and workers
lack space. In general machinery is old and obsolete and this
causes numerous accidents in the workplace (cuts, needle injuries
to hands) The most frequent illnesses are dermatological (contact
with dirty materials), respiratory (environmental contamination
from materials, heat and steam from irons, bad smells) and
lumber problems (unsuitably positions or repetitive movements)
When accidents occur, employers sometimes take the worker
concerned to hospital. In general the worker pays for medical
expenses. If as a result of the accident, the employee is
unable to work, s/he is not paid for this time off work. Work-related
illnesses are not taken into consideration for various reasons:
-
The worker concerned doesn't usually associate
the illness with his / her work
-
The employer is not interested in the
problem: his / her primary objective is to keeps costs
as low as possible.
-
Frequent changes of workshop (see "work
instability", chapter IV, A.1.) means that it is
impossible for workers to demand compensation.
Child labour(see Chapter IV,B)
-
Current legislation
The Dari 2/7/1947 establishes measures for the protection
of minors under 16:
-
employment of children under the age
of 12 is prohibited (article 9)
-
nightwork (between 22.00 and 05.00) is
prohibited for women and minors under 16.
-
minors are prohibited for working in
mines, underground or in hazardous or physically demanding
areas
-
Degree nº 2-59-1019 de 16/9/1957
prohibits employers from hiring- children under 16 or
women in positions involving dangerous machinery.
-
children under 16 to work in pedal- or
crank- operated machinery or with saws, cutting and pressing
machines, rolling mills, steam pumps etc
-
Practice in small workshop
The average age of workshop employees fluctuates between
16 and 22. However it is common to see minors under 16 working
in smaller workshops. Girls aged between 12 and 16 are employed
in the 3rd category, cutting thread, carrying boxes of material
from one chain to another.. Some under-15-year-olds work sewing
machines When this happens, the workshop uses it as a kind
of apprenticeship for the children. They work a full day at
the same speed as the adults, but the majority are paid, at
mot, 300 Dh / month. Sometimes they are physically abused.
We have also been informed that they also suffer sexual abuse.
Freedom of Trade Union participation(See chapter IV,C.)
-
Current legislation
Moroccan legislation recognises workers right to syndicate
in order to defend their professional interests. Individual
disputes relating to the fulfilment of working contracts fall
under the jurisdiction of social tribunals.
-
Practice in small workshop
No union movement is present in the workshops. Many workers
do not know the meaning of the work "niqaba" ("syndicate"
in arabic). When they have a problem with a particular "right"
they approach the floor manager. Any claims are hastily forgotten
due to the threat of dismissal.
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