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04 Dec 2002,
Appeal for action: Bed & Bath, Thailand
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>.
ACTION REQUEST
Please adapt this letter and e-mail to:
Maria Eitel
VP Corporate Responsibility
Nike, Inc.
e-mail: Maria.Eitel@nike.com
Frank Henke
Head of Environmental Affairs
adidas-Salomon
e-mail: Frank.Henke@adidas.de
Patrick Neyts
Head of Environment, Health and Safety/Code of Conduct
Levi Strauss & Co.
e-mail: PNeyts@levi.com
Jill Tucker
Director of Human Rights Programs
Reebok
e-mail: jill.tucker@reebok.com
Please cc all messages to the Thai Labour Campaign: campaign@thailabour.org
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
CHRONOLOGY
source: Thai Labour Campaign website, December 2002
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:
- legal action against the employer;
- the status of the required contribution to the social security
fund by the employers; and
- 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:
- In the case of the company's alleged relocation; the investigation
shows that the building owner in Tak does not know Mr. Chaiyapat.
- 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.
- 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.
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An interview with Bed & Bath Prestige Co. Workers
