INTERNATIONAL LABOUR-INDONESIA:

HELP INDONESIA WORKERS FIRED FOR ORGANIZING AGAINST SEX DISCRIMINATION:

The following appeal is from the Clean Clothes Campaign, an international alliance for the improvement of working conditions in the garment industry.

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Polo Ralph Lauren and Tommy Hilfiger Supplier Sacks 19 Workers for Organising Against Sex Discrimination:

Join the Indonesian workers in their struggle to change the garment industry in Indonesia, and give them your support in this case.

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Over a year ago, 26 workers at the PT Mulia Knitting Factory in Jakarta, Indonesia formed a union to fight the factory's violation of their rights. The factory reportedly refused to pay female workers their pregnancy and miscarriage leave and failed to offer transportation for female workers after the night shift. In addition, the factory had failed to pay mandatory health and pension benefits, often did not provide adequate safety equipment and kept workers on precarious, temporary contracts.

As soon as the union leaders announced the formation of the SBGTS union to the factory management, the union president was suspended and three other union officials dismissed. Fifteen other union officials and members were called into the office, and given the choice between renouncing the union or being transferred to another factory, PT Spindo Mills, located 60 kilometers away. Although all workers kept reporting to the factory gates of PT Mulia Knitting Factory in the mornings, they were dismissed for not showing up at PT Spindo Mills. At the same time, the factory filed cases against the union for using the address of the factory in the union's letterhead (a common practice in Indonesia) and tried to make the Labour Ministry revoke the SBGTS official register number.

Since then, the union has been fighting for reinstatement and filed cases with the Labour Ministry and the Indonesian National Human Rights Commission (Komnas HAM) to defend the right to freedom of association. On April 7, 2008 the Commission issued its recommendations after having met with both the union and PT MKF management, concluding that the union rights of the 19 workers who were dismissed after joining SBGTS had been violated. But when the union called on the local labour department to follow up on this recommendation, the local authorities, who are notoriously corrupt, disregarded the Commission's ruling and ruled in favour of the company. See also http://www.workersrights.org/ for the detailed Worker Rights Consortium's report of the violations at PT MKF.

Since the negative outcome of the local labour department's mediation, the situation remains in a deadlock. The company refuses to meet with the union and instead has sent its lawyers firm to deal with the severance payment for all the nineteen dismissed workers.

The CCC has contacted the buyers of the factory and requested their joint action in support of the freedom of association. While one of the buyers, Phillips van Heusen, has pushed for reinstatement of the 19 workers, and tried to get the other buyers on board, Tommy Hilfiger and Polo Rauph Lauren have sat idly by while the 19 workers struggle to feed their families. Polo Ralph Lauren has never responded to CCC. Tommy Hilfiger informed the CCC that it had conducted an audit in January 2008, but it refrained from speaking to the workers involved and instead only consulted the management-backed union, SPSI. Tommy Hilfiger refused to take any follow-up action to date.

Unfortunately this case stands not on his own, and time and again, urgent cases of labour violations in Indonesia reveal the abuse of short-term labour contracts and the pervasive infringement on workers' freedom of association, their right to organize and bargain collectively. The Clean Clothes Campaign and Oxfam Australia call on all brands sourcing from Indonesia, and in particular Tommy Hilfiger and Polo Ralph Lauren, to implement sector-wide solutions to ensure that workers in Indonesia are guaranteed their rights and are treated with the respect and dignity they deserve. See "Sector-Wide Solutions for the Sports Shoe and Apparel Industry in Indonesia."

Join the Indonesian workers in their struggle to change the garment industry in Indonesia, and give them your support in this case by writing to Tommy Hilfiger and Polo Ralph Lauren to ensure that their supplier:
***Immediately reinstates the 19 workers at their previous positions (including rights and length of service) with payment of the outstanding wages and social premiums since the date of dismissal/suspension/transfer.
***Respects the right to freedom of association and recognizes SBGTS-GSBI as one of the unions at PT MKF, including respecting the rights of SBGTS-GSBI to organize members within the factory. Intimidation and criminalisation of PT MKF workers who are willing to join the SBGTS-GSBI union should be ceased immediately.
***Proactively adopts and posts a "Freedom of Association Policy" for all their facilities, which includes the statement that management will not use transfers/ demotions/ or promotions as a means to deter a worker from affiliating and/or participating in the union of their choice.
***Meets in person with SBGTS-GSBI to resolve the outstanding labour issues
***Pays wages to the 19 dismissed workers while the legal process runs its course.
Sample letter

Please go to THIS LINK to send the following letter to the corporate executives named below...
Polo Ralph Lauren

David Uricoli , Senior Director of Global Compliance

E-mail: duricoli@poloralphlauren.com
Tommy Hilfiger

Anouk von Meyenfeldt , VP/General Counsel

Email: compliance@tommy.com
Dear
I want to express my deep concern about the dismissal of 19 union members at your supplier PT Mulia Knitting Factory in May 2007. The Clean Clothes Campaign has informed me that those workers were suspended, transferred and dismissed immediately after they announced the formation of their union. This infringement of their right to Freedom of Association is not only a clear violation of the Indonesian labour law, but also of your company's code of conduct and ILO labour standards.I therefore urge you to immediately call upon your supplier, and ensure:
***the immediate reinstatement of the 19 union members with payment of the outstanding wages since the date of dismissal, suspension and or transfer ;
***full compliance with the workers' right to freedom of association and recognition of the union SBGTS, including a public statement that PT MKF will not use transfers/ demotions/ or promotions as a means to deter a worker from affiliating and/or participating in the union of their choice.
***a meeting in person with SBGTS to resolve outstanding labour issues. payment of wages to the 19 dismissed workers while the legal process runs its course.

Sincerely yours,