Call on Original Marines: stop intimidation of union members

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When PT SCE workers tried to form an independent union inside the factory, 42 workers were illegally dismissed, most of them union members. Organising efforts started so that workers could address serious violations of their rights including unpaid wages and forced overtime, pay cuts, and discrimination against women. Despite many efforts to seek positive resolution within the factory and involving the local labour authorities, nothing has changed in the factory and union members have been physically threatened by armed thugs. Meanwhile the international buyer Original Marines and its owner Imap are not taking concrete steps to push its supplier to comply with law and ILO conventions. Despite its public commitment to support social causes (http://www.originalmarines.it/om-sociale/cannavaro-ferrara-onlus.html), Imap is failing to uphold human rights throughout its supply chain.

Background

Since May 2012 several violations of workers’ rights have been reported at PT SC Enterprises, an Indonesian supplier of the dynamic Italian brand Original Marines (owned by Imap). There is a long list of human rights and workers' rights violations at PT SCE including:

• illegal dismissal of 42 workers (including SP SCE union leaders and members);
• threats of dismissal and intimidation directed at workers who seek to unionise;
• exploitative and illegal use of short-term contracts and un-contracted workers;
• forced overtime as well as unpaid and under-paid overtime;
• workers’ wages subjected to illegal penalties; and
• discriminative policies and regulations towards women including the practice of sacking pregnant workers.

In July 2012 the CCC, the Italian union Filcams Cgil and Oxfam contacted the Italian brand Original Marines and called on them to ensure that its supplier acts in accordance with both local laws as well as international standards and conventions for businesses and human rights.

Despite workers reporting some small improvements in the more recent contracts workers have been given at the factory —for example the clause that explicitly stated that pregnant workers or workers suffering ongoing sickness would be fired has been removed— structural problems haven’t been solved and, workers still face intimidation.

Seven months is enough! Join us and call on Imap to make it stop!

To: Angelo Pera, President IMAP

cc: Stefano Cavazza, CEO PT SC Enterprises

Dear Mr. Pera
I am writing to you to share my deep concerns regarding the ongoing violations at your Indonesian supplier, PT SC Enterprises.

I have been informed by Clean Clothes Campaign about the dismissals earlier this year of 42 workers at this factory. These workers were sacked after they tried to form an independent union to address several violations of workers’ rights occurring in the factory. These violations include threats of dismissal and intimidation directed at workers who seek to unionise, exploitative and illegal use of short-term contracts and un-contracted workers, forced overtime as well as unpaid and under-paid overtime, workers’ wages subjected to illegal penalties, discriminative policies and regulations towards women.

According to the union KASBI, to whom dismissed unionised workers were affliliated and the Klaten district labour department the issues should be resolved via good faith negotiations under the condition that freedom of association is fully respected and implemented in the factory. The FOA Protocol, already signed by several, trade unions, suppliers and major international brands sourcing in Indonesia,  represents the most advanced tool to change the situation at the factory level. In adopting the Protocol, workers will have the freedom to organise and represent themselves collectively and establish mature industrial relations at the factory.

I am aware of the strong influence you have as the main buyer from the PT SC Enteprises and am alarmed that you are yet to implement a concrete plan to resolve this case.  I want to be sure your garments are produced under fair conditions. Therefore I urge your company to:

1. Sign the Freedom of Association protocol already signed by major international brands operating in Indonesia, suppliers and unions. The FOA protocol has also been acknowledged by the ILO Better Work program as an exemplary MSI model
   As well as ensure that your suppliers:
2. Cease all actions of violence and intimidation towards workers at PT SC Enterprises, sign the Freedom of Association Protoco and make the protocol available to all workers
3. Re-employ the 42 workers arbitrarily dismissed, in accordance with the official recommendation of the Klaten District Labour Department (No 567/1320/14).
4. Cease all forced overtime (also known as 'extention work' or 'loyalty hours') Overtime should take place in accordance with the law. This means no forced overtime, that overtime is payed in accordance with legislation and that there is a maximum of 14 hours of overtime per week
5. Abolition of the system of contract work. All contracts should be recorded in accordance with the law and workers should be employed on a permanent basis.
6. Cease all discriminative policies against women

Sincerely,