04 Dec 2002,

• INTRO
• ACTION REQUEST
  • SAMPLE LETTER
• CHRONOLOGY
• An interview with Bed & Bath Prestige Co. Workers

Dear Friends,

The Thai Labour Campaign requests support in a campaign to help workers at a Thai factory (producing for such brands as Nike, Levi Strauss, adidas, and Reebok) get the back pay and severance pay they are owed.

Approximately 350 workers from the Bed and Bath Prestige Company, located in Prapadaeng, have been demonstrating since October 21st when they showed up at work and found the factory locked. The husband-and-wife owners, Chaiyapat Phothikamjorn and Uayporn Songpornprasert vanished without giving their employees any warning, owing them a total of approximately US$ 400,000 (16 million baht) in back wages and compensation. For the past month these 350 workers have camped out at the offices of the Thai Ministry of Labour demanding that the government take action in this case.

Workers have also called upon the brand name companies that were Bed and Bath clients to take action. The Bed and Bath workers, who ironically wore name tags with laminated copies of the Nike Code of Conduct, report that working conditions at the factory were in violation of a number of the labor standards included in the codes of companies they were producing for. They report working excessive forced overtime, and being given water laced with amphetimines to keep them going through working days that extended through the night. The workers also report wage cuts and violations by management of their right to maternity, personal and sick leave and a failure to make contributions to the Social Security Fund, which is a violation of Thai law. The most serious labor violation though is the one that the workers are currently facing. Closing down their workplace, leaving them unemployed, and with wages and compensation unpaid is a clear violation of Thai labour law as mandated by the Labour Protection Act of Thailand (1998).

Please take a few minutes to send letters urging Bed and Bath's clients to take action to resolve this matter.A sample e-mail is included below -- please adapt or write your own and send these messages out today. For more details on recent events relating to this case, please see the chronology prepared by the Thai Labour Campaign (TLC) included below. The TLC website has extensive coverage of this case -- <http://www.thailabour.org>.

Maria Eitel
VP Corporate Responsibility
Nike, Inc.
e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Frank Henke
Head of Environmental Affairs
adidas-Salomon
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Patrick Neyts
Head of Environment, Health and Safety/Code of Conduct
Levi Strauss & Co.
e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Jill Tucker
Director of Human Rights Programs
Reebok
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Please cc all messages to the Thai Labour Campaign: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Sample message:

Dear [insert name of Nike, Levi, adidas, Reebok representative],

I am writing to bring your attention to the situation facing workers at the Bed and Bath factory in Thailand, which produces garments for your brand.

Workers at this facility report conditions that contravene both Thai Laws and your company code of conduct. According to research conducted by the Thai Labour Campaign, workers at Bed and Bath were forced to work extensive overtime. In some cases they worked through the night, finishing at 5 a.m. and starting another shift at 8 a.m. Workers claim that the factory owner put amphetamines in their drinking water so they could work through the night. In October, the factory closed it doors and the factory owners Mr. Chaiyapat Phothikamjorn and Ms. Uayporn Songpornprasert disappeared, still owing Bed and Bath workers back pay and severance pay. The workers, some of whom have young children, are in a desperate economic situation.

I urge you to contact the Thai government today to request that they take steps to bring the owners of this factory to justice and see that any outstanding financial obligations to the workers are fulfilled. I believe that your company too can play a role in seeing that these workers receive the financial compensation that they are owed. Based on the percentage of production carried out for your company at Bed and Bath, your company should pay a percentage of what is owed to the workers who produced your goods.

Your companies profited from the exploitation of these workers, your responsibility toward them does not end now that the factory has closed. Please let me know what concrete steps you will take to see that something is done to pay the Bed and Bath workers the money they are owed.

Sincerely,

[insert name]

For more information on this case and to see the labels of the brands that were producing at Bed and Bath, see
http://www.thailabour.org/campaigns/bnb/brand.html

5 October 2002 -- In the morning, the guard told workers at the Bed and Bath Prestige Company that there would be no work that day. He asked them to go back home, but to return later to receive money at 3 p.m. However, when more and more workers came, the company allowed them to go inside but not to work that day. Eventually, the company just paid them money and let them return home.

7 October 2002 -- The guard told the Bed & Bath workers who came to work
that the company was closed. The workers gathered in front of the facility and phoned the labour officers at the Welfare and Labour Protection Office in Samutprakarn. After the officers came, they met with Mr. Jaroon Jaroenkitpan, the company's legal advisor. After talking, they told the workers to come back to work.

8 October 2002 -- Workers came to the Bed & Bath factory but found the doors closed at 8:15 a.m. The guard told them that the company was closed that day. At 9 a.m., the guard opened the door and approximately half of the workers entered the factory. The others gathered in front of the factory. In the evening, the labour officers told them to return to work the next day.

9 October 2002 -- Bed & Bath workers came to work as usual but air conditioners and fans in the work place were turned off. They informed the labour officers of this. After the officers came, they met with the company's legal counsel. The company had brought a list of the workers' names for a "sign-in" and the work day began. Five workers' representatives were called to talk with the company about compensation payment in the event of lay offs but a deal could not be reached. At 3 p.m., every worker had finished signing and the result of the day's talks was that the company's new policy would be to have a sign-in list established by section for every worker to sign on the next day.

10 October 2002-- When the workers arrived at the Bed & Bath factory the guard told them that Mr. Chaiyapat, the owner of the factory, ordered him to close the factory and prevent anybody from going inside. So, the workers gathered in front of the factory and sent 10 representatives to meet with Mr. Pornchai Youprayong, vice secretary of the welfare and labour protection department. He promised to deal with the problems and invited the employer to meet with him the next day. Then the officers there had brought the complaint form (no. 7) for workers to write down and sign.

11 October 2002 -- There was a negotiation between the employer's representative second lieutenant Sumroeng Pongpluk and 12 workers' representatives, witnessed by Mr. Aphai Juntanajulaka, the permanent secretary of the labour ministry and other labour officers. After that, the company insisted that there would be no closure and promised to continue manufacturing again on October 21. The back wages in question would also be paid on October 15. Everyone was satisfied with the answers and returned home.

15 October 2002 -- Around 50 Bed & Bath workers went to the company expecting, as previously agreed, that they would receive their wages. Shockingly, the list of names that the company announced were not their own. The company used a trick to avoid paying wages.

21 October 2002 -- Workers went to the Bed & Bath factory with the expectation of resuming work. However, instead they found that the company had placed an announcement in front stating that "Any worker who would like to contact Bed & Bath Prestige Co., please wait outside until the lawyers arrive, thank you." Then, workers decided to notify the police in Prapadaeng Station charging that the employer of the company had not payed wages. The police tried to avoid acting in this case. However, finally the workers were able to properly notify the authorities regarding the case. The workers then moved on to demonstrate in front of the Government House. After negotiation with state officers, they decided to collectively stay at the ministry of labour until they were able to meet with the employer and have their demands met.

22 October 2002 -- Workers' representatives submitted a letter to the ministry of labour calling for:

1. legal action against the employer;
2. the status of the required contribution to the social security fund by the employers; and
3. an investigation of the factory's closure.

The officers in the ministry replied to them that they would release the result of the investigation on

October 24 -- That afternoon, the police informed workers' representatives of the charges against their employers and interrogated them about the case. The officers also tried to persuade the workers to write down a form #7 type complaint. Some of them did so but most of them refused and insisted that they needed to meet with the employers.

25 October 2002-- The ministry of labour issued a letter stating that on Oct. 24 the labour officers in Samutprakarn province had ordered the employer to pay wages to 301 workers worth 1,128,022.50 baht. The court in Samutprakarn had issued the warrants of arrest for the factory owners Mr. Chaiyapat Phothikamjorn and Ms. Ayuporn Songpornprasert, charging them with laying off workers without advance notice, not paying wages and the violation of official ministry of labour rules.

28 October 2002 -- Workers' representatives met with Mrs. Paweena, an advisor to the minister of labour and labour officers from Prapadaeng. They handed them a photocopy of the warrant of arrest and the letter issued by the ministry of labour demanding that the government prevent the employer from going abroad.

29 October 2002 -- Over 200 Bed & Bath workers demonstrated in front of Government House giving information to media and calling for justice.

31 October 2002 -- Mr. Pornchai Youprayong, vice chief of social welfare and labour protection, police representatives and the president of Commerce Development Office in Samutprakarn explained to the workers' representatives the following:

1. In the case of the company's alleged relocation; the investigation shows that the building owner in Tak does not know Mr. Chaiyapat.
2. In the investigation as to the legal requirement that three percent of employees' wages be contributed to the Social Security Fund, the workers should gave wage receipts to the social security officers for continued investigation.
3. The police are now searching for the employers.

1 November 2002-- Over 300 Bed & Bath workers marched to the national police headquarters to submit a letter to the chief of police demanding that they immediately arrest their employers.

4 November 2002 -- Over 300 Bed & Bath workers rallied at the NIKE Inc. branch office in Bangkok located at the Green Tower building. A letter was submitted and discussions were held with NIKE representatives in Thailand about the problems. The cause of the problem is that Mr. Chaiyapat, the employer, has moved his head office to Tak province and has left Bed & Bath Prestige Co. workers in Prapadaeng without payment. After talking with the manager of NIKE Inc. in Bangkok workers went back to the ministry of labour.

5 November 2002 - - Workers' representatives listened to the clarification by the officers at noon in the meeting room of the Ministry of Labour; chaired by Mr.Mahannop Detwitak, the advisor from the Ministry of Labour's Office. The clarifications were as follows:

• No progress had been made in arresting Mr. Chaiyapat Phothikamjorn and Miss Auyporn Songpornprasert.
• In the case of workers' money contributed to the social security fund, the officers have to investigate whether somebody has been witholding the legally required contribution or not.
• The state officers promised to investigate Mr. Chaiyapat's companies.
• In the case of export products, the police asked for the cooperation of the Customs Department in the investigation.

18 November 2002 -- Thai Labour Solidarity Committee and theThai Labour Campaign organized a forum for Bed and Bath workers at the Ministry of labour. The discussion was on "The legal that has been violated on Bed and Bath Case. A Human Rights Commissioner, a Lawyer from Lawyer Council of Thailand, The Labour Leader and Thai Labour Campaign coordinator discussed on the issue of the labour violation of Bed and Bath. A highlight is a role play by the workers showing the working condition in the factory. Student activist band and Bed and Bath workers sing together until 11 PM.

23 November 2002 - - The Bed and Bath Prestige Co. Ltd.workers demonstrated in front of the Shangri-La Hotel where the "The 2nd International Conference of Political Parties" is being held, the workers submit a letter to the Thai prime minister and the other Asian political leaders to intervene on their behalf, and press Bed and Bath's clients (Nike, Reebok, Levi Strauss and Haddad Apparel Group) to help resolve this matter.

29 November 2002-- 350 of Bed & Bath's workers marched to the US embassy requesting that the ambassdor pressure the Thai government and US company.