 Appeal
for action from Gina Relation Labour
Union: Thailand
TIE-Asia has forwarded the following
appeal for action on behalf of the
Gina Relation Labour Union regarding
ongoing union repression at the Gina
Form Bra Company, a Thai factory that
produces for brands such as Gap, Victoria's
Secret, Banana Republic, and KMart.
Sample protest letters, both for the
government, Gina Form and for the
buyers, are included in this appeal
-- please take a moment to read through
this material, adapt the sample letters
and send them out. For more information
on this case, please contact TIE-Asia
<tieasia@sri.lanka.net>
Updates:
-
265kb) The
struggle of the Gina workers in
Thailand: Inside a succesfull
international labour solidarity
campaign
Nov 2004, Philip S. Robbertson
Jr. & SomsakPlaiyoowong (Southeast
Asia Research Centre)
-
October 2003, The
latest situation of the Gina Relations
Workers Union in Thailand
-
July 2003,
Victory at Gina Form!
We are very pleased to report
that garment workers at the Gina
Form Bra Co., a Thai factory that
produces for such brands as Victoria’s
Secret, Gap, and Kmart, have reached
an agreement with management in
a dispute that had gone on for
more than six months.
-
June 2003, Citing
cut in orders, Gina Form puts
workforce on leave with half-pay
Action is still needed to support
the struggle of the Gina Relation
Worker Union (GRWU) to have unfairly
dismissed workers reinstated and
ensure that workers rights are
respected at a Thai garment factory
producing for a number of major
North American brands.
-
March 2003, Clean
Clothes Campaign letter to WRAP
concerning a.o. the Gina Form
case in Thailand, send on
behalf also of the ILRF, UNITE,
Global Exchange and CLR.
-
March 2003, Union
leader Somboon reinstated!!
Action still needed on Gina Form
Bra factory
-
March 2003, Letter
sent by the American Solidarity
Centre, Bangkok, which explains
the current situation in relation
to the Collective Bargaining Agreement
-
Check out the TIE-Asia website
for the latest update:
http://www.tieasia.org/
Urgent Appeal for action from Gina Relation
Labour Union: Thailand
source: TIE-Asia, Nov. 27, 2002
Workers of the Gina Relation Labour
Union need your action and support.
Since the union was formed in 1994
management has embarked on a sustained
campaign of intimidation, harassment
and dismissal of union and union committee
members. This campaign intensified
in 2001 when new management of the
company was installed. The company
has ignored rulings of both the Thai
Governments Labour Relations Committee
and the National Human Rights Commission.
The union is asking for an end to
all management intimidation of the
union; the reinstatement of union
committee member Ms Sombun Rodjareon
and 38 other union members; ending
the layoff of 5 union committee members;
abolition of individual contracts
and recognition of the right of the
union to collectively bargain in accordance
with Thai labour laws.
BACKGROUND & CHRONOLOGY OF EVENTS
Gina Form Bra Company Ltd. is a subcontractor
factory owned by a Lao family from
Hong Kong. It was set up in Thailand
in 1985 and is located in Bangkok.
The company employs 1,400 workers;
1,100 are women workers. It produces
underwear for big brand names such
as Gap, Victoria's Secret, Banana
Republic, K-Mart and Jacob. The company
is certified under WRAP (Worldwide
Responsible Apparel Production).
In 2001 the management of the company
was taken over by a Thai group. This
new management immediately began sustained
harassment of the union executive
and members with the aim of destroying
the union that was formed in 1994.
The previous management had also tried
to prevent the formation of a union,
dismissing a core group of workers
who submitted demands before the union's
registration (in 1994). In 2001 there
were 1,100 union members now, as a
result of the harassment campaign
by management there are 700 union
members.
Management has used the collective
bargaining process as a strategy to
attack the union and workers: by deliberately
issuing regulations that affected
and contradicted the collective agreement
between management and the workers
and by arresting and dismissing a
member of the union committee. Management
also laid off nearly 300 union members
and more than 200 trainees. They also
put the union committee members on
the same line of production and shifted
a large number of workers without
giving them any wor.
On 16th August 2001, before the union
submitted their annual demands, the
former chairperson and treasurer of
the union committee were charged with
gambling and management requested
the court to lay her off. When the
union submitted worker's demands on
27th August 2001, management refused
to negotiate, despite five calls from
the labour relations officers. They
did however agree to a renewal of
the agreement.
On the 25th of September 2001, management
submitted a counter demand that reduced
the benefits and welfare provisions
for workers, eg: bonus, diligent allowance
and the annual wage increase without
any consultation with the union. Five
union committee and 27 union members
were laid off. Management vetoed out
the union's demands by questioning
whether the union was a true representative
of the workers because the court case
was going on and they were in the
process of being laid off.
During negotiations both members
and non-members were threatened and
asked not to join the demonstration.
The number of guards used to control
the workers increased. Union committee
members were watched through the closed
circuit TV and a video camera was
also deployed to shoot the events
and note the active members.
Sub-contract workers (hired through
an employment agency) with lower wages
and benefits were brought to work
in the factory in place of the regular
workers who were not given any work.
Management issued letters and press
releases to charge and attack union
committee members and implicate them
falsely in financial and sexual scandals.
Due to this deadlock, the Labour Ministry
ordered the Labour Relation Committee
(LRC) to make a decision on the disputed
labour issues according to Section
24 of the Labour Relation Act (LRA)
1975.
The LRC decision on 21st November
2001 ordered the laid-off workers
be re-installed and be paid compensation.
After the order, management called
union members and asked them to sign
an individual contract with conditions
below the collective agreement. They
also laid off 150 more workers, committee
members and union members on the 8th,
10th and 11th of December 2001.
The workers and the union took their
complaints to the National Human Rights
Commission on 27th November 2001.
On 14th and 15th August 2002 six
committee members were moved from
the sewing section to the quality
checking section. These workers had
not been trained for this work, nor
did they have any previous experience.
This section is in another small building
where there are fewer union members.
The administrators claimed that they
received workers' complaints that
the committee members had taken six
days leave, which had affected the
production and the teamwork of their
lines. The pattern of work in this
section was new to these workers.
Also, wages and benefits were lower
as there were no production target
benefits. The deliberate isolation
of union committee members was designed
to increase pressure on the union.
The union committee were ordered
to stop working between the 22nd and
27th August, 2002 with pay. During
their absence management forced union
and non union members to sign a blank
piece of paper on which management
later wrote workers agreement to their
demands. Management then took this
document, on 23 August 2002, and registered
it with the Department of Social Welfare
and Labour Protection of the Ministry
of Labour and Social Welfare. The
union later submitted a letter to
the Ministry rejecting the new employment
conditions.
On 18 September 2002 management sued
in separate cases five union members
including the present chairperson
of the union claiming that they slowed
down their work performance and threatened
their co-workers who did not join
their slow down. Workers then made
a complaint to Management. This is
another tactic of the employer to
pressure the union and workers in
the lead up to the new round of collective
agreement negotiations.
The judgement
of the National Human Rights Commission
was issued on 17 September 2002. It
stated that all employers' and administrators'
action against the workers and the
union are a violation of human rights
and are against several sections of
the LRA 1975. This includes: the arrest
of and the intention not to reinstall
the former chairperson of the union,
who had won their case, the signing
of employment conditions that did
not comply with the former agreement
or the order of the LRC as well as
refusing the right of the union committee
members to perform their work.
REQUEST FOR ACTION
The union would like to request local
and international unions and NGOs
to support the campaign of their union
and their demands, which are:
-
The Gina Form Bra Company Limited
should end their repressive actions
that will destroy the union. The
company should recognise the right
of the union to organise workers
by
-
A. Reinstating Ms Sombun
Rodjareon who is a union committee
member.
-
B. Ending the laying-off
of 5 union committee members
by withdrawing the request
in the Labour Court of laying
them off.
-
C. Reinstating 38 workers
who the LRC had ordered the
company to reinstate.
-
The Gina Form Bra Company Limited
should recognise the right to
bargain according to the Thai
laws by seriously implementing
the employment conditions agreement.
They should abolish the individual
contracts that caused differences
in contracts between workers.
This also causes discrimination
between workers and destroys the
union.
-
The Gina Form Bra Company Limited
should end their interference
in union matters. The company
should stop putting pressure upon
and ill-treating union members
and committee members. The company
should move all of the committee
members back to their original
positions. They should also recognise
the activities of the union and
provide freedom of dissemination
of information and access to public
relations for the union.
THAI CONTACT INFO & SAMPLE LETTERS
Please send your appeal to the following
persons and addresses:
Prime Minister of Thailand
The Hon Mr Thaksin Shinawatra
Office of the Prime Minister
Pitsanuloke Rd
Bangkok 10300
Thailand
Fax: (662) 282-8587, 282-8631.
Gina Form Bra Company Limited
80/8 Moo 4 Soi Ramindra 39
Ramindra Rd, Bangkhen
Bangkok 10220
Thailand
Tel. +66 2 973 0860 -4
Fax. +66 2 973 0848
Please send copies and solidarity
messages to:
Gina Relation Labour Union
405/12 Pracha Uthit Rd
Soi 33
Ratburana
Bangkok
Thailand
Phone/Fax: +66 2 973 0620
SAMPLE LETTER TO PRIME MINISTER
Please feel free to change or write
your own letters:
DATE
Prime Minister of Thailand
The Hon Mr Thaksin Shinawatra
Office of the Prime Minister
Pitsanuloke Rd
Bangkok 10300
Thailand
Fax: (662) 282-8587, 282-8631.
The Hon Mr Thaksin Shinawatra,
The (the name of your union/organisation,
who you represent, country) has learnt
of the ongoing harassment, intimidation,
dismals, lay offs and forced implementation
of individual contracts at the Gina
Form Bra Company Limited, Bangkok,
Thailand.
The union is asking for an end to
all management intimidation of the
union; the reinstatement of union
committee member Ms Sombun Rodjareon
and 38 other union members; ending
the layoff of 5 union committee members;
abolition of individual contracts
and recognition of the right of the
union to collectively bargain in accordance
with Thai labour laws.
These demands have been upheld by
rulings from your National Human Rights
Commission (17 September 2002) and
the Labour Relations Committee (21st
November 2001).
It is clear from the company's failure
to comply with these legal rulings
that they have no respect for the
integrity of these legal institutions.
This company has for many years produced
brand label underwear for the US,
Canadian and European markets with
the support of the union and its members.
We also understand that this company
has been certified under the Worldwide
Responsible Apparel Production (WRAP)
system. We would therefore urge you
to strongly intervene to ensure that
Gina Form Bra Company Limited implements
in full the rulings of the National
Human Rights Commission and Labour
Relations Committee thereby respecting
Thai law and meeting the demands of
the Gina Relation Labour Union.
We look forward to hearing about
your intervention to bring about a
fair and just settlement for the workers
of this company.
Yours sincerely,
Your name
Position
Organisations name
Cc Gina Relation Labour Union
SAMPLE LETTER TO GINA FORM
DATE
Gina Form Bra Company Limited
80/8 Moo 4 Soi Ramindra 39
Ramindra Rd, Bangkhen
Bangkok 10220
Thailand
Fax. +66 2 973 0848
Dear Sir,
The (the name of your union/organisation,
who you represent, country) has learnt
of the ongoing harassment, intimidation,
dismals, lay offs and forced implementation
of individual contracts at your company
the Gina Form Bra Company Limited,
Bangkok, Thailand.
We understand that your actions violate
rulings from the National Human Rights
Commission (17 September 2002) and
the Labour Relations Committee (21st
November 2001) of Thailand and are
a violation of workers human rights.
We further understand that your company
has been certified under WRAP (Worldwide
Responsible Apparel Production) and
produces brand label goods for GAP,
Victoria's Secret, K-mart and Jacobs.
WRAP guidelines state (in part) "Apparel
manufacturers will recognize and respect
the right of employees to exercise
their lawful rights of free association
& Collective Bargaining"
and " Apparel manufacturers will
comply with laws and regulations in
all locations where they conduct business".
We would urge you to implement the
rulings of the National Human Rights
Commission and the Labour Relations
Committee and in doing so meet the
demands of the Gina Labour Relations
Union for an end to all management
intimidation of the union; the reinstatement
of union committee member Ms Sombun
Rodjareon and 38 other union members;
ending the layoff of 5 union committee
members; abolition of individual contracts
and recognition of the right of the
union to collectively bargain in accordance
with Thai labour laws.
We along with other unions and labour
organisations will be monitoring this
situation closely to ensure that your
company respects the laws and rulings
of the institutions of Thailand and
human rights of workers in your company,
many of whom have been contributing,
with the union to your profits over
many years. We hope that you will
be able to negotiate with the union
in a fair and just manner.
Yours sincerely,
Your name
Position
Organisations name
Cc Gina Relation Labour Union
SAMPLE LETTERS
FOR COMPANIES
Please adapt or write your own letters
Victoria's Secret Note:
this company is owned by the Limited
Brands
DATE
Victoria's Secret
President and CEO
Grace A. Nichols
4 Limited Pkwy. East
Reynoldsburg, OH 43068
USA
Phone: 614-577-7000
Fax: +1 614-577-7047
Limited Brands
Chairman, President and CEO,
Leslie H. Wexner
3 Limited Pkwy.
Columbus, OH 43230
USA
Phone: 614-415-8000
Fax:+1 614-415-7278
Dear Grace Nichols and Leslie Wexner,
I/We/The (the name of your union/organisation,
who you represent, country) write
to you as a concerned consumer of
your product/ as a labour/human rights
activist. We have learnt about ongoing
harassment, intimidation, dismissals,
lay offs and forced implementation
of individual contracts at the Gina
Form Bra Company Limited, Bangkok,
Thailand. The Gina Form Bra factory
is a supplier of Victoria's Secret.
We/I understand that this company,
your supplier, has violated rulings
from the National Human Rights Commission
(17 September 2002) and the Labour
Relations Committee (21st November
2001) and has violated of workers
human rights.
We/I would urge you to pressurise
your supplier to implement the rulings
of the National Human Rights Commission
and the Labour Relations Committee.
This would meet the demands of the
Gina Labour Relations Union for an
end to all management intimidation
of the union; the reinstatement of
union committee member Ms Sombun Rodjareon
and 38 other union members; ending
the layoff of 5 union committee members;
abolition of individual contracts
and recognition of the right of the
union to collectively bargain in accordance
with Thai labour laws.
This would also ensure that your
own sourcing policies relating to
the implementation of local labour
law are observed by your supplier.
We/I urge you
not to cut the order and to work with
the supplier to ensure justice for
workers and their union at Gina Form
Bra company.
Thank you for your attention to this
critical issue and we/I look forward
to hearing form you about the positive
intervention that you have been able
to make.
Yours sincerely,
Your name
Position
Organisations name
Cc: Gina Relation Labour Union
Prime Minister of Thailand
Gina Form Bra Company Limited
K-Mart
DATE
James B. Adamson
Chairman and Chief Executive Officer,
Kmart Corporation
3100 W. Big Beaver Rd.
Troy, MI 48084
USA
Phone:+1 248-463-1000
Fax: +1248-463-5636
Dear Mr. Adamson,
I/We/The (the name of your union/organisation,
who you represent, country) write
to you as a concerned consumer of
your product/ as a labour/human rights
activist. We have learnt about ongoing
harassment, intimidation, dismissals,
lay offs and forced implementation
of individual contracts at the Gina
Form Bra Company Limited, Bangkok,
Thailand. The Gina Form Bra factory
is a supplier of K-Mart.
We/I understand that this company,
your supplier, has violated rulings
from the National Human Rights Commission
(17 September 2002) and the Labour
Relations Committee (21st November
2001) and has violated of workers
human rights.
We/I would urge you to pressurise
your supplier to implement the rulings
of the National Human Rights Commission
and the Labour Relations Committee.
This would meet the demands of the
Gina Labour Relations Union for an
end to all management intimidation
of the union; the reinstatement of
union committee member Ms Sombun Rodjareon
and 38 other union members; ending
the layoff of 5 union committee members;
abolition of individual contracts
and recognition of the right of the
union to collectively bargain in accordance
with Thai labour laws.
This would ensure compliance with
all applicable human rights and labour
standards and therefore uphold your
own K-Mart Corporation Vendor Agreement
and its principles.
We/I urge you
not to cut the order and to work with
the supplier to ensure justice for
workers and their union at Gina Form
Bra company.
Thank you for your attention to this
critical issue and we/I look forward
to hearing form you about the positive
intervention that you have been able
to make.
Yours sincerely,
Your name
Position
Organisations name
Cc:
Gina Relation Labour Union
Prime Minister of Thailand
Gina Form Bra Company Limited
Jacob
DATE
Joseph Basmaji
Boutique Jacob Inc.
6125 Chemin De La Côte-de-Lisse
St- Laurent, QC
Canada
H4T 1C8
Tel: +1 514-731-8877
Fax: +1 514-731-8869
Dear Mr. Basmaji,
I/We/The (the name of your union/organisation,
who you represent, country) write
to you as a concerned consumer of
your product/ as a labour/human rights
activist. We have learnt about ongoing
harassment, intimidation, dismissals,
lay offs and forced implementation
of individual contracts at the Gina
Form Bra Company Limited, Bangkok,
Thailand. The Gina Form Bra factory
is a supplier of Boutique Jacob Inc
through the Jacob brand label.
We/I understand that this company,
your supplier, has violated rulings
from the National Human Rights Commission
(17 September 2002) and the Labour
Relations Committee (21st November
2001) and has violated of workers
human rights.
We/I would urge you to pressurise
your supplier to implement the rulings
of the National Human Rights Commission
and the Labour Relations Committee.
This would meet the demands of the
Gina Labour Relations Union for an
end to all management intimidation
of the union; the reinstatement of
union committee member Ms Sombun Rodjareon
and 38 other union members; ending
the layoff of 5 union committee members;
abolition of individual contracts
and recognition of the right of the
union to collectively bargain in accordance
with Thai labour laws.
We/I urge you
not to cut the order and to work with
the supplier to ensure justice for
workers and their union at Gina Form
Bra company.
Thank you for your attention to this
critical issue and we/I look forward
to hearing form you about the positive
intervention that you have been able
to make.
Yours sincerely,
Your name
Position
Organisations name
Cc: Gina Relation Labour Union
Prime Minister of Thailand
Gina Form Bra Company Limited
GAP
DATE
Sean Ansett
Gap
2 Folsom St.
San Francisco, CA 94105
USA
Fax: +1 415-427-6620
e-mail: sean_ansett@gap.com
Dear Mr. Ansett,
I/We/The (the name of your union/organisation,
who you represent, country) write
to you as a concerned consumer of
your product/ as a labour/human rights
activist. We have learnt about ongoing
harassment, intimidation, dismissals,
lay offs and forced implementation
of individual contracts at the Gina
Form Bra Company Limited, Bangkok,
Thailand. The Gina Form Bra factory
is a supplier of GAP under both the
GAP and Banana Republic label
We/I understand that this company,
your supplier, has violated rulings
from the National Human Rights Commission
(17 September 2002) and the Labour
Relations Committee (21st November
2001) and has violated of workers
human rights.
We/I would urge you to pressurise
your supplier to implement the rulings
of the National Human Rights Commission
and the Labour Relations Committee.
This would meet the demands of the
Gina Labour Relations Union for an
end to all management intimidation
of the union; the reinstatement of
union committee member Ms Sombun Rodjareon
and 38 other union members; ending
the layoff of 5 union committee members;
abolition of individual contracts
and recognition of the right of the
union to collectively bargain in accordance
with Thai labour laws.
This would ensure compliance with
all applicable human rights and labour
standards and therefore uphold your
own GAP Code of Vendor Conduct. Section
VIII on Freedom of Association of
your code is clearly being violated.
We/I urge you
not to cut the order and to work with
the supplier to ensure justice for
workers and their union at Gina Form
Bra company.
Thank you for your attention to this
critical issue and we/I look forward
to hearing form you about the positive
intervention that you have been able
to make.
Yours sincerely,
Your name
Position
Organisations name
Cc: Gina Relation Labour Union
Prime Minister of Thailand
Gina Form Bra Company Limited
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