Withdrawal Jack Wolfskin due to misconduct factory owner Busana, not union work

published 12-02-2014 14:50, last modified 12-02-2014 16:40
Clean Clothes Campaign, Jack Wolfskin and the Fair Wear Foundation state that the withdrawal from the Busana Prima Global factory in Bogor, Indonesia was due to the lack of action from the factory owner to act upon labour right violations.

In early 2010, seven female workers, all members of the SBGTS-GSBI trade union, were dismissed by the management of the Busana factory for their union work. They had visited the Bogor District Department for Manpower to file a complaint about the ongoing labour rights violations at their workplace.

Jack Wolfskin and the Fair Wear Foundation confirmed several workers rights violations at Busana Prima Global, including forced and unpaid overtime, excessive use of short term contracts and the dismissal of the seven workers. Clean Clothes Campaign and the German outdoor brand Jack Wolfskin, one of the buyers from the factory, repeatedly urged the factory management to take corrective actions.

Jack Wolfskin ultimately decided to withdraw production from Busana Prima Global. The company explained in their (page 44-46) that the pull-out from the factory was not due to the union work, but rather the failure of the factory management to work together with the unions to stop the violation of workers' rights. The Fair Wear Foundation published as well a detailed on their website on the complaints in the factory.

Clean Clothes Campaign, Jack Wolfskin and the Fair Wear Foundation concluded that Busana Prima Global management had taken measures to discourage workers from joining the union of their preference, and that the right to Freedom of Association and the right to Collective Bargaining are not secured at Busana Prima Global.

Jack Wolfskin requested the factory management to reinstate the seven dismissed workers in their original positions; cease the anti-union campaign; accept SBGTS-GSBI as a legitimate union at the factory; and stop discriminating against workers who are fighting for their rights. In addition the company requested Busana Prima Global engage with SBGTS-GSBI to address the infringements raised. Busana Prima Global management and Mr. Jae Han Park, refused to make the necessary improvements, or meet the expectations of Jack Wolfskin and comply with both national and  international labour laws. This left Jack Wolfskin no choice but to withdraw its orders.

As part of their exit strategy, Jack Wolfskin negotiated compensation with the seven dismissed workers, who were supported by the Clean Clothes Campaign, for their lost livelihoods. An agreement was made upon a wage compensation from the date of the dismissal until the date Jack Wolfskin ended its production, based on the average production capacity during these years in the factory compared to production of other companies in the factory.

Whilst these amounts cannot undo the injustice done to these women as they stood up to raise their voice against the violations of their rights and that of many others, Jack Wolfskin's actions have made clear union activism is a legitimate right for workers that needs to be upheld. Besides wage compensation Jack Wolfskin has paid for training for the seven dismissed workers to allow them access to future work, as they are no longer able to work in garments factories as a result of being blacklisting due to their union work.

The Busana Prima Global factory has a long history of labour right violations. Since 2003, Clean Clothes Campaign supported SBGTS-GSBI and workers at the factory, which is owned by Mr. Jae Han Park of South Korea, in 3 more cases of severe labour rights violation.

Clean Clothes Campaign urges all brands sourcing from Indonesia to ensure the right to organise and collective bargaining is maintained in their supplying factories. To that purpose, we urge all brands producing in Indonesia and their suppliers to sign the Freedom of Association protocol to ensure that workers can organise themselves in order to achieve decent pay and better working conditions.

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