Aug 25, 2008
Tell Triumph that Fashion Requires
Freedom: Reinstate Thai Union President Now!
Body
Fashion Thailand, a subsidiary of Triumph International,
has fired a union leader for wearing a political
t-shirt. Thousands of workers are protesting her
unjust dismissal.
On July 30, 2008, a Thai subsidiary of Triumph
International, one of the world’s largest
makers of intimate apparel, dismissed union president
Jitra Kotshadej for wearing an unfashionable t-shirt.
She wasn’t wearing the t-shirt at work,
and it wasn’t the colour or the design of
the t-shirt that caused offence. It was the message
that caused the problem: ‘Those who do not
stand are not criminals. Thinking differently
is not a crime.’ The t-shirt refers to the
abuse of lèse-majesté legislation
to suppress political opposition and the right
of people to refrain from standing during the
royal anthem. Ms. Kotshadej was participating
in a late night TV debate on women’s reproductive
rights when she wore the t-shirt. Despite the
fact that she was speaking in her private time
and did not claim to speak for Triumph's Body
Fashion (Thailand) Ltd Factory, she was dismissed.
Since then, 3000 of her co-workers walked out
of the factory in a show of solidarity, demanding
the reinstatement of their union president.
Support their fight for freedom
of expression and union rights! Write to Triumph
today.
On July 29, 2008 the management of Body Fashion
Thailand (BFT) notified Jitra Kotshadej, president
of the Triumph International Labour Union, that
she was dismissed, taking effect on the next day,
July 30. Management claimed that Kotshadej defamed
the reputation of the company by wearing the t-shirt
in a Thai TV program on April 24, 2008. Without
Ms. Kotshadej’s prior knowledge, the company
had filed a petition with the labour court and
received permission to dismiss her. Ms. Kotshadej
never even had a chance to defend herself, since
she was not told about the case by management,
and she never received the summons nor the court
order.
After her dismissal, 3000 Triumph International
Labour Union members immediately went on strike
in solidarity with their union president. The
workers are demanding Ms. Kotshadej’s reinstatement
and a guarantee that the company won’t take
any disciplinary measures against workers participating
in the strike. The Triumph International Labour
Union is one of the strongest unions in Thailand,
with 70 percent union membership at the company.
The majority of members are women. The union views
the dismissal of their president as a veiled attack
on the union, which successfully negotiated a
collective bargaining agreement this summer.
Foul Play by Triumph Management
Despite several meetings between the union, factory
management and government officials, no agreement
has been reached in this case. The Swiss headquarters
of Triumph International has reportedly refused
to accept any agreement that included reinstatement
of the union president. In a letter to the CCC
dated August 8, the company refuses to respond
to the call for reinstatement of Ms. Kotshadej’s.
Also in a leaflet distributed amongst the striking
workers on August 13, it was explicitly mentioned
that the company would not rehire the union president.
In response to pressure from the CCC, Triumph
International later claimed to agree with the
three demands presented by the workers, but then
issued a statement in which it expressed its unwillingness
“to discuss reinstatement of the former
employee at this time”. The Triumph International
Labour Union has presented the company with 2500
signatures of union members supporting the fight
for reinstatement, which it refused to accept.
For more information, visit the Thai
Labour Campaign
Tell Triumph to respect human
and trade union rights!
Triumph International should immediately guarantee
Ms. Kotshadej the basic human right of freedom
of expression, which is part of the Universal
Declaration of Human Rights, as well as of the
OECD guidelines for Multinational Enterprises
that lays down the principles companies should
adhere to regarding labour and consumer rights.
In its refusal to sign negotiated agreements,
Triumph International has deliberately dragged
out this case. Protesting workers remain without
salary for almost a month. Nevertheless, they
maintain strong support for the union president.
As they say: “One worker has been fighting
for many years in support of thousands of workers
at the factory, so now we are fighting for that
one worker”.
Update: Nov 6, 2008 - Triumph Union Continues Fight for Fairness
Please support the Triumph International workers
in Thailand, and call for the immediate reinstatement
of their union president. Write today to Triumph
International’s headquarters in Switzerland.
Sample
Letter
Dear Mr. Innocenzi,
I want to express my serious concern about the recent
dismissal of Jitra Kotshadej, union president at
your subsidiary Body Fashion (Thailand) Ltd, for
wearing a t-shirt with the text “Those do
not stand are not criminals. Thinking differently
is not a crime.” Freedom of expression is
a basic human right, and guaranteed within the Universal
Declaration of Human Rights and the OECD guidelines
for Multinational Enterprises.
I am shocked to hear that your company does not
respect this basic right, and has proceeded to
dismiss Jitra Kotshadej for expressing her personal
opinion, claiming that she has damaged the company.
I call upon Triumph International to immediately
reverse the dismissal of Jitra Kotshadej, and
urge your subsidiary Body Fashion (Thailand) Ltd.
to:
1) Immediately reinstate union president Jitra
Kotshadej at her previous position and without
conditions;
2) Take back the union members who have laid
down their work in support of Jitra Kotshadej,
without conditions or disciplinary actions, and
with a compensation for their lost income;
3) Engage in a dialogue with the union regarding
the reported anti-union activities of BFT management
staff members.
Please inform me about any steps you take in
this case.
Sincerely,