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THAILAND – Labour union leaders face dismissal and arrest

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th_triumph1_aug09.jpgA large number
of the 1,959 workers dismissed by the Body Fashion Thailand Limited, a
subsidiary of Triumph International, and their supporters protested at the
Parliament in Bangkok
on 27 August 2009. Video
testimonies documented by protestors showed that police used Long Range Acoustic
Device (LRAD) to disperse the rally.
th_triumph2_aug09.jpgA large number
of the 1,959 workers dismissed by the Body Fashion Thailand Limited, a
subsidiary of Triumph International, and their supporters protested at the
Parliament in Bangkok
on 27 August 2009.

Video
testimonies documented by protestors showed that police used Long Range Acoustic
Device (LRAD) to disperse the rally (Please click here to see the video on YouTube).

The following day,
Dusit Police Bureau issued a warrant for the arrest of three leaders of the
Triumph International Labour (Thailand) Union, namely Sunthorn Boonyod, Boonrod
Saiwong and Jitra Kotchadej. They were charged under Criminal Law Codes 215-216
for organizing assemblies of 10 persons or more, inciting unrest in the city,
and refusing to end their disruptive protest actions at the request of the police.

The company cited "the need to downsize and restructure to deal with extreme market conditions"
as the basis for its decision. However,
the company financial reports revealed no financial losses, nor any foreseeable
crisis. According to
Saiwong, most of the dismissed workers come from vulnerable groups such as the
elderly, pregnant and disabled workers.

In a statement
issued on 3 July, the union said that the dismissal of workers accounts for 50 percent of
the workforce in the Bangphli factory, where most of them were  union members. Out of a total of 19 union
committee members, 13 have been dismissed. The union strongly expressed their belief
that the dismissals were an attempt at union busting, so that the factory could
be relocated for cheaper labour by disposing
older workers who have served in the company for a long time.

Since the
Triumph International Code of Conduct emphasizes its respect of the Universal
Declaration on Human Rights (UDHR), the UN Global Compact and the International
Labour Organisation (ILO) Conventions, the union demanded that the company be mindful of
principle 3 of the ILO Declaration on Fundamental Principles and Rights at Work
(1998) which states that "businesses
should uphold the freedom of association and the effective recognition of the
right to collective bargaining".

The Triumph International Labour Union said the
Thai government policy outlines a protection plan for workers dismissed by
foreign companies. To dismiss workers, a financial report must be submitted to
the government  stating the number of
employees being let go. At this point, the government is to use tax funds to
subsidize the company to keep the employees hired while simultaneously hunting
for new job markets for the company. Following a one to two year period, the
government is to return to investigate if the dismissals are still necessary.
This grace period is a necessity for those workers and their families to
acclimatize to the situation and consequences of unemployment. Furthermore, if this policy is being violated
by the company, it is the obligation of the government to investigate and
penalise the company for the breach of policy.

According to the union, the company has enforced a policy stating that the remaining workers
within the factory cannot have any contact with the dismissed workers who are
stationed outside of the factory in protest. The company has threatened to dismiss any of the remaining workers who violate this policy. Additionally, the
company has stationed up to 50 military th_triumph1_aug09.jpgpersonnel to stay in the employee
shuttle pickup area to stop angry dismissed workers from boarding the
shuttle. Moreover, after axing 50 percent of
the workers, the original working hours of 8 a.m. to 4 p.m. were changed to 7 a.m. to 4 p.m.
without any prior consultation with the labor union. The company has threatened
to deploy military personnel to the factory to deal with the workers who refuse
to follow the new working hours.

A Triumph bra
averages at 2,000 baht (about 59 USD) while a worker's daily wage averages at 255 baht (about 7.5 USD). To the
workers slaving away at the Triumph factories, this bra is an unattainable
luxury. Yet, these workers do not feel disdain or resentment towards their
work, but rather they astound us with their pride and satisfaction towards
their finished products and the work they have been loyal to for the past 20 to
30 years.