Professional Documents
Culture Documents
The Factory Floor Guide To Corporate Accountability: Seeking Redress For Labour Rights Violations in Global Supply Chains
The Factory Floor Guide To Corporate Accountability: Seeking Redress For Labour Rights Violations in Global Supply Chains
guide to corporate
accountability
SEEKING REDRESS FOR LABOUR RIGHTS VIOLATIONS
IN GLOBAL SUPPLY CHAINS.
The United Nations (UN) Framework for Business and local authorities. However, in most places, there is still
Human Rights states that all businesses have a a long way to go towards ensuring that businesses take
responsibility to respect, protect and remedy the full responsibility for the treatment of their employees.
human rights of individuals and communities impacted by In the short term, many workers whose rights are violated
their business operations. As part of this responsibility, must use creative strategies to put pressure on both the
businesses must ensure that women and men employed companies and authorities who are responsible for the
in their workplaces and supply chains can access their fulfilment of their rights.
basic employment rights. These rights are contained in
For workers who are employed by companies within
International Labour Organization (ILO) and UN human
multinational supply chains, approaching influential
rights conventions, and include the right to form unions
international buyers or investors can be an effective way
and engage in collective bargaining, the right to safe and
to achieve fulfilment of their rights. Many global
decent working conditions and the right to a
companies, together with their investors, generate huge
decent wage.
profits by outsourcing manufacturing to regions with
Yet global employment statistics paint a picture of low labour costs. But as the UN framework stipulates,
hardship and increasing insecurity. Close to 40% of the these companies cannot outsource their responsibility
worlds workers and their families live on less than US$2 to respect the human rights of workers employed in their
a day, while more than 50% lack secure employment. overseas supply chains.
Women are particularly over-represented in insecure and
The purpose of this toolkit is to provide support to
low paid forms of work. In export-oriented manufacturing
workers and worker organisations who are employed or
sectors, women are usually the first to lose their jobs,
operate within global supply chains and have had
despite devastating impacts for their families. Unsafe
difficulty achieving fulfilment of their rights through
working conditions remain a serious problem the ILO
local or national means of redress alone. It aims to
estimates that accidents and diseases at work cause
complement, but not replace, local advocacy by
2 million fatalities every year.
providing some basic information about how workers
Holding businesses to account when workers rights are can use corporate accountability strategies to enhance
violated is not easy. In many parts of the world economic their campaigns.
inequality, paired with weak or corrupt law enforcement,
To address the real causes of inequality and injustice,
make it very difficult for workers to seek justice.
workers must have a say on corporate accountability and
Workers who attempt to organise for fairer working
human rights at the international level. This toolkit gives
conditions risk intimidation, discrimination, unfair
workers and labour organisations resources to combine
dismissal, false incrimination and in some cases violence.
their local experience, knowledge and networks with
The lasting solution to this problem lies in ensuring that international advocacy strategies to strengthen their
workers human rights, and particularly their freedom to voice on the issues that impact upon them the most.
organise, are upheld by national laws and enforced by
BACKGROUND....................................................................................................................................................................................... 6
Resource List................................................................................................................................................................................. 21
Labour Rights Conventions and Frameworks......................................................................................................................................21
Corporate Accountability Mechanisms................................................................................................................................................21
Global Labour Rights and Corporate Accountability Organisations..................................................................................................22
Company codes of conduct..................................................................................................................................................................26
Appendices....................................................................................................................................................................................... 27
Appendix 1 Sample letter to a multinational company.................................................................................................................27
Appendix 2 Case chronology template............................................................................................................................................29
Appendix 3 Sample media release...................................................................................................................................................32
Appendix 4 Glossary..........................................................................................................................................................................33
For more than 17 years Oxfam has worked with partners throughout the world to encourage international business to
ensure respect for workers rights. In the garment sector an industry that employs millions of workers in developing
countries Oxfam has played a key role in global efforts to improve working conditions. This includes campaigning and
supporting leadership opportunities for women, who make up approximately 80% of the global garment workforce. Oxfam
has also conducted research and facilitated increased dialogue between workers organisations and global brands and
has promoted the creation of best practice models for labour rights in global supply chains. It is our experience in sup-
porting women and men who are struggling for their rights in individual workplaces that has led to the creation of
this toolkit.
These women and men take considerable risks to speak out to global audiences about the injustices they experience at
work. Oxfam has supported these workers by drawing the international communitys attention (including global brands and
their consumers) to the problems that workers face. We have helped workers to put forward their creative solutions and
pressure international business to ensure that workers rights are upheld.
It has been a privilege for Oxfam to work with these inspirational women and men and we dedicate this toolkit to
their struggle.
This booklet is designed for the increasing number of steps that should be taken prior to escalating a
workers around the world who produce goods directly complaint, the resources available for those who do so,
or indirectly for global companies. When these and some of the risks involved. The processes outlined in
workers experience violations of their labour rights they this toolkit are not intended to replace local
are sometimes able to resolve problems locally, but this is industrial relations procedures or the processes that
not always possible. This toolkit has been produced as a already exist within the international labour movement
guide for workers and their representatives who are for the escalation of workplace complaints. Instead,
experiencing difficulty resolving their complaint locally this toolkit aims to support workers involved in these
and are considering taking their campaign to the processes by providing them with additional guidance,
international level. It provides information on some of the information and resources.
WHAT IS GLOBAL LABOUR RIGHTS ADVOCACY? WHAT STANDARDS AND RIGHTS APPLY IN YOUR
Unions and civil society organisations around the WORKPLACE?
world work to promote the rights of workers through On top of their obligations under local and national
international advocacy work. This work includes building laws, all companies are obliged to uphold international
networks and coalitions to campaign on labour rights laws and to respect conventions that exist to protect
issues; mobilising national and international consumer the labour rights of those in their supply chains.
support to pressure businesses to implement fairer
ILO conventions set out many of the fundamental rights
policies and using international complaints mechanisms;
for workers globally. The UN Universal Declaration of
multi-stakeholder initiatives; and direct dialogue with
Human Rights and Covenant on Civil, Economic and
companies to strengthen respect for labour rights and
Social Rights have also put protections in place for
to remedy violations.
workers rights in international law. The UN Framework
for Business and Human Rights has established that
all businesses have a responsibility to respect workers
rights and to remedy any violations that occur within
their supply chains.
More information on workers rights under international
law can be found in the resource list at the end of
this toolkit.
Misc
Domestic
ocuments
row/food
If it appears that your workplace is producing products you can effectively communicate with the international
for multiple brands, record all of these brand names and company to highlight their responsibilities and encourage
note the quantities produced for each of those brands them to resolve your complaint.
Time taking special note of those that seem to have a greater
number of orders. You should also record how long each
Useful tips: influencing
brand has been purchasing from your workplace.
Info international companies
Once you have identified the brands, international buyers
Remember that you first have to convince the
or manufacturers with connections to your employer, try
company that they have a responsibility to help
Media to gather as much information as you can, including:
resolve the issue.
What is the companys ownership? Is it owned International labour rights organisations who have
omputing
by another parent company or does it own
dealt with the same company in the past may be
other companies?
able to share some useful tips. It is a good idea to
Controls
Where was the company incorporated (officially have a discussion with such organisations before
established and legally registered as a company)? contacting the company (see Step 5 and the
Where are their main operations or head Resource List for more information).
Domestic office located?
Companies may want to avoid dealing with the
Has the company signed any codes of conduct that problem by simply cutting and running that
contain standards on workplace rights? Has the is, ending their business relationship with your
ocuments
company made any public statement about its employer. However, this is not an approach they
commitments to human rights in general or workers should take. As a part of business responsibility
rights specifically? to respect, protect and uphold human rights the
international company must take steps to resolve
Is the company a member of any multi-stakeholder
initiatives, independent standards (e.g. Rainforest your complaint.
Direction Alliance) or industry associations? Wherever possible you should aim to have
constructive dialogue with the company, so aim
Is the company recognised by any socially
responsible investment indices, such as the Dow to have a positive relationship. This means you
Jones Sustainability Index or FTSE4Good? should try to contact the company directly about
the problems before doing media or campaigning.
Has the company previously been the target of any You should also try to provide realistic timeframes
international labour rights campaigns? If so who was (or suggest probation periods) for the resolution
involved with this campaign and is it possible for you of problems. However, if no progress is made after
to contact them to discuss your case and ideas a reasonable period of time, you might consider a
about strategy? more assertive approach, such as going to
If the company was a target of an international the media.
campaign, how did they respond?
Depending on your language and internet skills, you may
STEP THREE: WRITING A LETTER OF COMPLAINT
be able to find out some of this information yourself by
a simple web search. However, company structures and TO A BRAND/INTERNATIONAL CORPORATION
governance information can be difficult to obtain, so you Purpose of a complaint letter
may want contact other organisations for assistance.
If you decide to reach out to international bodies to
Some of these organisations may have subscriptions Oxfam Branded pictograms 2012
resolve your dispute, the first step will usually be to
to supply chain databases, such as Panjiva
write a letter of complaint to brands or multinational
(www.panjiva.com), where they can download the details
corporations for which the goods are produced. By
of a companys buyers. The Corporate Watch Project
writing a letter of complaint, you demonstrate your
website may also be of assistance in researching
willingness to engage with the relevant companies to
companies. For a list of organisations working on
remedy the breaches that have occurred. The
corporate accountability or labour issues in your sector
purchasing companies are in turn given the opportunity
see the Resource List at the end of this toolkit.
to take action to remedy the situation before it becomes
Once you have identified and researched the the subject of a public advocacy or international media
international companies that have a business campaign. Even if a resolution is not achieved at this
relationship with your employer, there are a range of stage, a unions willingness to approach companies
steps that you can take to encourage these companies directly with a letter of complaint demonstrates that it
to take action and ensure that your employer addresses has acted in good faith.
your complaint. The following section looks at ways
Time
Enforcement Does the complaints mechanism have any enforcement powers? How strong are
those powers?
Legitimacy and influence If the mechanism cannot create binding decisions, does it have other means of
influencing the parties? Will a ruling in your favour hold legitimacy and influence
amongst powerful local or international stakeholders (including investors,
consumers, governments etc)?
Advantages for Will the use of the complaints mechanism benefit other campaign strategies (such
broader campaign as your media strategy) that may create additional pressure for the
company to adequately address your complaint?
Disadvantages for Does the complaints mechanism place any restrictions on your broader campaign
broader campaign that might place you at a disadvantage? For example, confidentiality clauses
and prohibitions on speaking to the media that might prevent you from pursuing
alternative strategies (e.g. using consumer pressure).
Complexity of How complex is the process of lodging the complaint? Can the complaint be lodged
complaints process in your native language or will you have to use a foreign language? If the complaints
process is complicated, are there experienced organisations who are able to
provide you assistance?
Time and resources Approximately how much time and what resources are involved in preparing the
complaint? What is the length of investigation and decision making process?
Do you have enough time, resources and support to undertake the complaints
mechanism process?
Contact with experienced Do you have or can you establish a relationship with an organisation that has
organisations experience in using the complaints process? Are you able to receive support from
this organisation in using the complaints process?
ocuments
Direction
International Labour Organisation, Labour Full list of national contact points available:
Standards Conventions www.oecd.org/dataoecd/17/44/1900962.pdf
www.ilo.org/global/standards/introduction-to-
ETI Base Code
international-labour-standards/conventions-and-
recommendations/lang--en/index.htm Members include GAP & Pacific Brands
Base code available at:
United Nations Protect, Respect and Remedy www.ethicaltrade.org/eti-base-code
Framework for Business and Human Rights
List of member companies available at:
198.170.85.29/Ruggie-protect-respect-remedy-
www.ethicaltrade.org/about-eti/our-members
framework.pdf
OECD Guidelines for Multinational Enterprises Full member list available at:
www.fairlabor.org/affiliates
Guidelines available:
www.oecd.org/dataoecd/56/36/1922428.pdf
A list of its members can be found at: Australian Corporate Accountability NOW!
www.fairwear.org/36/brands/The Fair Wear Foundations
labour standards are available at: Australian Corporate Accountability NOW (ACAN!)
www.fairwear.org/488/labour-standards/1.-employ- advocates for greater accountability of Australian
ment-is-freely-chosen/ corporations and the Australian Government, including
the responsibility of Australian companies to uphold
info@fairwear.org employment rights throughout their overseas operations.
It also collaborates with key partners in other countries
Worker Rights Consortium on matters of corporate accountability that have
The Worker Rights Consortium is a US based, significant international relevance for Australia.
independent labour rights monitoring organisation. acan.org.au
It conducts in-depth investigations into factories secretariat@acan.org.au
producing for major brands. The organisations purpose
is to combat sweatshops and protect the rights of Clean Clothes Campaign
workers who make apparel and other products. Their work
The Clean Clothes Campaign is a European network of
largely focuses on facilities manufacturing apparel for
NGOs campaigning for the rights of garment workers. Its
North American Universities.
activities include educating and mobilising consumers,
The WRC serves as a labor rights monitor for more than lobbying companies and governments, and offering direct
175 universities and colleges in the United States and support to workers. The CCC is particularly experienced in
Canada. To see whether a given factory produces licensed campaigning around companies based in the 16 countries
apparel for any of those entities, search by country or in which CCC operates, including Germany, France, the
factory name at: Netherlands and Italy.
www.workersrights.org/search/ www.cleanclothes.org
www.workersrights.org/about/ info@cleanclothes.org
www.workersrights.org/contact/complaints.asp
Fair Wear Australia
Sweatfree Purchasing Consortium
Fair Wear is a community campaign which aims to end
The Sweatfree Purchasing Consortium has a database the exploitation of factory workers and home-based
of apparel factories, manufacturers, and vendors in the outworkers within the Australian clothing industry. Fair
United States government procurement supply chain. All Wear educates the community about working conditions
listed vendors are expected to comply with Consortium in the clothing industry; encourages consumers to take
members code of conduct and the Consortium has a action; lobbies for better legal protections for clothing
complaints mechanism for workers. workers and campaigns to ensure that companies provide
Factory database: decent wages and working conditions. Fair Wear also
buysweatfree.org/aa_search_factory seeks to strengthen the voice and organising capacity of
home-based outworkers.
Complaints process:
buysweatfree.org/worker_complaint_process www.fairwear.org.au/
fairwear@fairwear.org.au
Puma Panasonic
Rina Hadi
Secretary
XYZ Union
c.smith@xyz.org.id
Paul Johnson
Director, Corporate Social Responsibility
GAB Inc.
16 June 2012
I am writing on behalf of the XYZ Union to express our concern at labour rights violations that are occurring within your
supply chain. Our union represents workers at PT Fashionista, a t-shirt manufacturer and major GAB Inc. supplier. Our
members at this facility have reported ongoing rights violations including forced, underpaid overtime and discrimination
against workers who have sought to exercise their right to freedom of association.
PT Fashionista is a major supplier to GAB Inc. GAB Inc.s Code of Practice is posted in the facility and workers at the
factory have reported attaching labels bearing your companys logo onto garments they manufacture. The online database
Panjiva reveals that, in the last 12 months, the facility has made 14 shipments of goods to the GAB in the United States
alone. Given this strong relationship, your company carries a responsibility to ensure that workers fundamental rights at
this facility are respected. Unfortunately, this is not currently the case.
Workers at PT Fashionista have reported the following violations occurring at the facility:
Workers seeking to exercise their right to join a union have faced discrimination and intimidation from
factory management.
Union members are frequently relocated to different sections of the factory, often on a daily basis. Management has
provided no justification for this practice.
Workers, employed on temporary contracts, were told by management that they would not be given permanent
status if they were to join a union.
Management at PT Fashionista has not been willing to engage with workers and their unions to discuss these issues and
remedy violations occurring at the factory. Our union has officially contacted PT Fashionista regarding these matters on
two occasions, sending letters by registered post on 8 April, 2012 and again on 21 May, 2012. Factory management has
not replied to either of these approaches, indicating they are unwilling to cooperate to resolve this dispute.
As such, we are calling on GAB Inc. to intervene to ensure that the rights of the workers who manufacture your products
are respected. We call on GAB to engage with factory management, workers and their representatives to ensure that the
following minimum standards are respected at PT Fashionista:
Maximum normal working hours are set at 48 per week, as laid out in the FLA Code of Conduct.
Any work in excess of normal hours is genuinely voluntary and capped at 60 hours per week.
Workers right to Freedom of Association is respected.
Independent monitoring is undertaken to ensure ongoing compliance with agreed labour standards.
We note that under the terms set out in your own Code of Conduct, the Fair Labor Association Code and the United
Nations Global Compact Framework, your company has a responsibility to remedy violations that are occurring within your
supply chain. Merely withdrawing production from this facility will not be sufficient and, in fact, would further harm already
vulnerable workers.
We expect meaningful action from GAB Inc. to ensure that the rights of those who manufacture your products are
being respected. We expect you will take this issue as seriously as we do and understand the need for immediate action.
As such we look forward to a response, outlining your plan to remedy these breaches, by 26 June, 2012.
With any questions or concerns regarding this matter, please email me directly: r.hadi@xyz.org.id or call my office:
+62 4567 4567.
Yours sincerely,
Rina Hadi
Secretary
XYZ Union
1. Company details
Company name
Company origin
Director/Manager
Website
Phone number
Main buyers
Origin of buyers
Size of workforce
Gender composition
of workforce
Number of unions
in workplace
Company code
of conduct
2. Complainant details
Name of union/
organisation (if relevant)
Name of individual
complainants/representatives/
of complainants
Relationship to the
company (employee of X years)/
workplace union
Address
Phone number
4. Chronology of events
1.
2.
3.
4.
XYZ Union
Jakarta, Indonesia
MEDIA RELEASE
For immediate release
Workers making clothing for major sportswear brand GAB are being denied their basic rights, including overtime pay and
the right to form a union.
XYZ Union director Rina Hadi said the 500 Indonesian workers had been forced to work more than 60 hours a week and
denied their legal wage entitlements while producing GABs iconic products.
These workers have also been prevented from banding together to protect their legal rights, Ms Hadi said. Factory man-
agement has harassed and threatened union leaders and warned others against joining the union.
Ms Hadi said the workers at the PT Fashionista factory in Jakarta were taking their campaign for workplace justice directly
to the global sportswear giant.
Workers are calling on the company to step in and put an end to abuses at the factory, Ms Hadi said.
GAB makes tens of millions of dollars selling the clothes these people make. Sports stars like Darren Handle get millions
just for wearing them. All we are asking is that these workers get their fair share and have their basic rights respected.
PT Fashionista has been supplying apparel to GAB for more than five years and has a history of labour rights abuses.
A 2007 investigation by the Ethical Labour Organisation found unsafe machinery and insufficient breaks for workers were
to blame for a string of injuries at the factory.
For more information about the GAB/Fashionista workers campaign contact Rina Hadi +62 4567 4567 or email
enquiries to r.hadi@xyz.org.id