| May
12, 2006Support
the illegally dismissed worker Nisa in Madagascar
Dear friends
We are contacting you to ask for your support
for Nisa, a workers' representative at the
Cote Sud factory in Madagascar that is producing
trousers for Gloria Vanderbilt (owned by
Jones Apparel). Nisa was dismissed in September
2004 after being on sick leave, and has
been fighting against this injustice since.
Please find below a short history and some
background on the case, steps taken towards
the buyer Jones Apparel to date and an action
request.
Nisa needs your support!
June 20, 2006, UPDATE, Settlement
reached in Cote Sud case >>
Illegal dismissal of workers'
representatives at Gloria Vanderbilt producing
factory in Madagascar
Mrs Sabine Razafindranisa (Nisa) worked
more than nine years for the factory Cote
Sud, producing trousers for Gloria Vanderbilt
(owned by Jones Apparel). Nisa was a workers'
representative, chosen by the workers to
represent them before the management. Since
then, the management made her life difficult
in the factory. She was forced to do overwork
- sometimes until 4 o'clock in the morning
- even when an official medical certificate
stated that she shouldn't work more then
10 hours a day. Early 2004, after having
told the Mauritian management they had to
follow the Malagasy law, she received a
warning and was sent away for 7 days. Returning
to work, Nisa was demoted from section supervisor
to working in line, folding trousers. A
demotion she has opposed until today by
filing a complaint with the Malagasy Ministry
of Labour.
On the 22nd of September, 2004, she had
to go to the hospital for 10 days. Although
she had proof and had a valid reason for
her absence, she was subsequently dismissed
by Cote Sud. In Madagascar, the Ministry
of Labour has to approve dismissals of workers'
representatives, and the Ministry refused
to approve this dismissal. They ordered
the factory to reinstate Nisa, but the factory
refused and till today continues to ignore
the Ministry's order even after being reminded
by the Ministry in September and December
2005.
Around the same time, another workers'
delegate, Mrs Saholy Rakatoarisoa, who also
had a medical certificate attesting her
absence, was also dismissed for being absent.
Background information

Workers from
garment factories in Madagascar
during their lunch break
|
The Cote Sud factory is producing 100%
for Gloria Vanderbilt. Since 2002, Gloria
Vanderbilt is owned by Jones Apparel Group
(US).
The Cote Sud factory has a practice of
dismissing workers when they are sick or
pregnant. When workers fall ill while working,
they are regularly refused permission to
go to the doctor. The factory keeps workers
on temporary contracts, contrary to the
law, so that they can pay them less over
a long period of time. Overtime is compulsory
in this factory, and workers are regularly
made to work through the night. The workers
are paid per piece, but the piece price
is often too low to make enough money during
normal working hours. Therefore workers
are forced to work overtime. The management
refuses to discuss this. The food in the
canteen, on which the workers depend for
their meals, is often late and not very
good. The sanitary supplies are not sufficient,
and workers do not have any break from work.
Workers are afraid to be active for a union,
seen the fact that Nisa was dismissed from
the factory and hasn't received her salary
since September 2004.
CCC contacting Jones Apparel Group
On the 3rd of November, 2005, the Clean
Clothes Campaign wrote a letter to Jones
Apparel Group asking the company to take
responsibility for making sure Nisa got
reinstated and for improving the labour
conditions in the factory. After an initial
positive response, the company has stalled
and evaded responsibility, thereby tolerating
that Cote Sud again requested the Ministry
of Labour to approve Nisa's dismissal. After
being pressured to take action, Jones Apparel
responded that the factory would abide by
whatever the Ministry's decision may be.
On the 27th of December 2005, the Ministry
of Labour again refused to accept the dismissal
and asked the factory to reinstate Nisa
by the 12th of January 2006. Despite the
fact that since that date Nisa has been
going to the factory every fortnight, the
management refuses even tot talk to her,
not to mention to reinstate her.
Subsequently, Jones Apparel Group was asked
again to take immediate action to make sure
that the factory reinstates Nisa. However,
Jones Apparel has for a long time been evasive.
Saholy in the end settled with the Cote
Sud management for a salary of two months
severance pay, having to endure hardship
because of the lack of income. As Nisa made
very clear, she does not want to negotiate
for a settlement and wants justice to take
place.
After being pressed by CCC, Solidarity
Center and the Interfaith Center on Corporate
Responsibility (ICCR,) Jones Apparel commissioned
a social audit at Cote Sud, being done by
Africa Now. This means that Jones finally
started a process of investigation into
the workers' rights violations at Cote Sud,
but unfortunately the question of Nisa's
reinstatement was again evaded. Moreover,
the outcomes of the social audit are so
far not shared with the above-mentioned
NGOs or the local stakeholders.
CCC keeps insisting that the most urgent
matter is the reinstatement of the workers'
delegate Nisa. This is a very important
issue now as workers at Cote Sud have communicated
that they are still as afraid as before
to become an active union member, due to
the dismissals of anyone daring to speak
out about workers' rights at the factory.
June 20, 2006, UPDATE, Settlement
reached in Cote Sud case >>
Take
action now
Speak out on mother's
day, and demand the reinstatement of Nisa
at Cote Sud.
Please send a copy
of any responses you receive to the Clean
Clothes Campaign
Dear Desta Raines,
I'm writing to you
to express my concern regarding the situation
of Mme Sabine Razafindranisa, a workers'
representative at the Cote Sud factory in
Madagascar that is producing clothes for
your company. I have been informed by the
Clean Clothes Campaign that Mme Sabine Razafindranisa
has been illegaly dismissed in September
2004 and since then has been campaigning
to be re-instated at the factory.
I have been informed
that Mme Sabine Razafindranisa was elected
as a workers' representative following Madagascar
law. She addressed workers' rights issues,
and was therefore disciplinary punished
by the factory management. When she fell
sick she was demoted and then dismissed,
although she could show official medical
certificates to prove her absence. As you
know, the Malagasy Ministry of Labour has
refused to accept the dismissal at two separate
times. Therefore I am very surprised that
nothwithstanding this clear official judgement,
the factory management has till today refused
to reinstate Mme Sabine Razafindranisa.
I understand that
efforts have been made to convince the factory
management to settle the matter, but that
so far this has not been successful, and
that CCC and other labour rights groups
have contacted you over the past month and
asked you to firstly make sure Mme Sabine
Razafindranisa will get reinstated under,
at minimum, the terms of her previous employment
and that her back wages will be paid and
secondly ensure that the Cote Sud factory
is in compliance with international acknowledged
decent working conditions, among which the
right to organize.
I am very disappointed
to learn that still no advancement has been
made towards reinstatement of Mme Sabine
Razafindranisa. Given the fact that she
didn't receive any salary since September
2004, the situation is very urgent. I know
that Jones Apparel has been sourcing at
this factory for some time and that you
are the only substantive client of the Cote
Sud factory. I therefore urge you to use
your leverage to get Mme Sabine Razafindranisa
reinstated.
Please let me know
what steps you will take to ensure this,
Sincerely
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