Reports - Report on Labour issues 2004

Burma Labour Solidarity Organization

13.1.2004

1000 Burmese workers laid off by the B.K fashion factory in Mae Sot
or
Migrant workers ignored by Thai Labour Protection Act ?

Background history of B.K. fashion factory
The factory was running the name of the Champion Knitting Factory Ltd in Measod, Tak
Province, Thailand until September in 1999. Then the factory gave the compansation – HK$
45 millions, compensation to the multinational company Gap and the factory changed name
– from Champion Knitting Factory Ltd to New Products Knitwear Co.,Ltd.
The factory is one of the biggest knitting factories in Mae Sot and employed over 1000
Burmese migrant workers.Most of workers from the factory are femal workers. All workers
are the registered workers with Thai labour office in Measod.
The workers from the knitting section from the New Product factory protested for higher
wages on 9th May,2002 and all workers from other sections supported to the protest. The
protest lasted for a week between on 9th May and 15th May 2002. But Thai authority
including police and the immigration raid and surrounded the workers from the knitting
section on 13th May 2002, at 7:30 AM. The police arrested 50 active workers, who lead the
protest, and deported them to Burma border (see – Appendix 2 - the report of the workers
protest from New Product factory for better wages). After the protest, the factory tightened
security including putting up aelectric fence around the factory.
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The factory used the name of the New Products Knitwear Co., Ltd until the last week of July,
2003. After July, 2003, the factory changed the name of the New Product Knitwear Co., Ltd
to the B.k fashion Co., Ltd. A few Thai workers from the factory worked under the name of
the Champion Knitting Factory Ltd although the Burmese workers were working under the
name of the B.K fashion factory.
The factory stopped working on 9th December, 2003 and all workers were fired by the
factory without getting the full compensation although the factory authority told workers that
the factory would be reopen in 1st March.
No Subject Names changed Period Remark
1. Factory Champion Knitting Factory Ltd Until September, 1999
2. Factory New Product Knitwear Co.,Ltd September, 1999 to July, 2003.
3. Factory B.K Fashion Co.,Ltd August, 2003 to 9th
December,2003
4. Factory Champion Knitting Factory Ltd July,2003 to December For Thai
workers
The relation between B.K Fashion factory in Measod and Sunrise Knitting factory
in Nakhon Sawan
The factory owner of the B.K fashion is Mr Pricha Sac Kang – a Thai citzen and the project
manager is Mr Don Choi. Although the name of the factory was usually changed to
Champion or New Product or B.K fashion, the factory owner , project manager and general
manager, who is from Hong Kong - Mr. Pang Man Chu were not changed.
Mr.Pang Man Chu and Mr Don Choi are the general manager and project manager of the
Sunrise Knitting Factory (Thailand )Ltd, which is located in Nakhon Sawan province,
Thailand. Sunrise Knitting Factory (Thailand) Ltd. is the subsidiary of Hong Kong South
Ocean Group’s factory in Thailand.
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The B.K factory owner – Mr Pricha Sac Kang , his wife and sister are the shares holders of
the Sunrise Knitting Factory (Thailand) Ltd from Nakhon Sawan province.
The Sunrise Knitting Factory has his own quotas. Customers of the Sunrise and B.K fashion
or New Product factory are J Crew and Tommy for the USA and Europe markets.
Most of orders for the Sunrise or New Product come from the Champion Knitwear
International Ltd from Hong Kong.
The situation before closing the BK Fashion factory
During in July,2003 after changing the name of the New Product Knitwear Co.,Ltd to the B.K
fashion, there was not enough regular work at the factory because the factory could not get
orders as before. The factory fired about 50 workers including a few workers under age in
July.
The factory have nine types of work, namely
1.Spining Section
2.Knitting Section
3.Patching Section
4.Sewing Section
5.Washing Section
6.Ironing Section
7. Labelling Section
8.Quality checking Section (Final Cloth Checking Section)
9.Packing Section
In August, the works from labeling and packing section were stopped .Workers from the
labeling section and the packing section moved to other section such as knitting, gip
,linking or ironing section.The factory was running with a few orders from other Measod
factory like Hang Thai factory in order to matain the workers.
During in October, there was not the regular work in the factory.
In the last week of October, the factory authority made the list of the workers , who want to
go back to Burma and who would like to take leave. The factory authority forced some
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workers to apply the leave at the office. But some femal workers cried because they did not
want to take leave to go back to Burma.So the factory authority allowed the workers, who
did not want to take leave, to continue working at the factory. Regarding the irregular work
time in the factory, the factory authority gave the reason to workers that the root cause of the
work force reduction was the lack of orders.When workers from some sections did not have
works in the factory, the factory provided only10 Baht to each worker for the expanse of
curry.
In the first week of November ,gave each worker 450 Baht as the travelling cost. But the
factory deducted 300 Baht from the travelling cost -450 Baht for the expense work permit so
workers got only 150 Baht for transportation back to Burma (see – Appendix 4 - Resolution
of the Tak Province Industrial Council on 31st August, 2001). Totally, over 200 workers were
resigned by the factory back to Burma because of irregular work time in the factory. The
workers did not get any compansation from the factory authority except 450 Baht.
Some workers , who could not go back to Burma, remained in the factory and were finding
the new job from other factories or some workers changed to other factories.
Although there was no regular work in the factory, the factory authority did not allow any
workers to go out of the factory except between at 05:00pm and 09:00pm after the
afternoon sheft and at 05:00pm on Saturday and Sunday.
The factory authority did not inform workers about the real story of closing the factory in
advance offically , which would be closed in the first week of Decemember. After workers
came to know that the factory would be colsed soon through some Thai staff workers from
the office, the factory manager officially notified the workers about the closing of the factory
in December, 2003. All workers were depressed for the certain information of the factory
closing in the second week of November and did not want to work during the work place
earnestly. Some workers were disappointed to continue the works and handed over their
working quota to the closed friends.
On 2nd December,2003, the factory manager informed workers at the meeting that the
factory would give their monthly payment to all workers on 3rd December,2003 and workers
would be send to the Burma border the next day. First the manager told workers that if the
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workers would stay in the factory, the factory would provide only rice to workers but the
factory could not provide water and electricty. In fact, the factory did want to accept the
workers after the factory were stopped.
Over ten chinese workers as supervisers from China were working at the factory. They knew
that the factory would be close surely even the factory manager told the workers that the
factory would be closed for three months. The reopening of the factory was the lie because
it was not sure. Even chinese workers earged workers to demand the fair compansation
from the factory.
On 3rd December, about 30 workers went to meet the social menger to give the
compensation – at least one month slary if the factory was closed.But the manager replied
to workers that the factory could not give the compensation because the factory would be
prepared and the expendature of the preparation of the factory would be cost.
On 3rd December at night, all workers not only did not receive the compansation – 900 Baht
which the factory gave but also denied signing on the receipt paper of the low
compansation and their salary for November. So the factory cancelled the plan of giving the
payment.
On 4th December night, some workers could be organized by the factory authority to take
the money of the compansation – 900 Baht and salar for November by divide and rule. The
factory deducted 300 Baht from 900 Baht for work permit fee and workers had to sign on
the paper of the leave written in Thai.Most of workers did not accept the factory authority’s
offer. During these days, the security guards from the factory tightened the security of the
exit and the entrance of the factory more than before. The factory authority did not want the
workers to contact the media groups and labour organizations. The factory did not provide
even enough drinking water.
On 8th December night, the factory giva 900 Baht – compansation or the financial
assistance to the cost of the transportation to all workers back to Burma. If the workers did
not sign on the paper of the leave, they would not get 900 Baht. Although the workers did
not wish to sign on the leave paper, which the workers did not know what was written in
Thai, they had to do it. They were afraid that they would not be reassigned if reopened the
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factory again and they could face more difficultied of the temporary stay in Measod to find
new job or when they were going back to Burma without getting 900 Baht.
Although all workers knew that it was not sure to reopen the factory and 900 Baht was very
low and unfair compensation, all workers were forced to sign, received the money under the
avoidable situation at last.
On 9th December in the morning, the factory were closed and the workers did not allowed to
stay in the factory.
There are over 50 Thai workers including office staff in the factory. After the factory fired the
Burmese workers, the factory dismissed some Thai workers. All thai workers got the
compansation in accordance with the Thai labour protaction act.
General working situation of the factory between in October and November.
(1) Working hour and overtime
Morning Shift 07:30 am to 11:30 am
Afternoon Shift 12:30 am to 04:30pm
Night Shift (Overtime) 05:30pm to 08:30pm, 10:30pm, 11:30pm
Although there is no overtime on Saturdays and Sundays the workers need to work until
04:30pm. Every worker in this factory has to work at least 11 hours per day including night
shift. Most of the workers from the knitting section are male workers. Knitting workers have
to work hard than workers from other sections. If there is overtime, the workers need to work
until 10:30pm. In the peak production period, the workers must work overtime from 05:30pm
to 11:30pm.
(2) Regular working hours for other sections.
Morning shift 08:00am to 12:00am
Afternoon Shift 01:00pm to 05:00pm
Night Shift 06:00pm to 09:00pm, 12:00pm
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The workers are free on Saturdays and Sundays after 05:00pm. They have to work at
least 11 hours per day. Except on Saturdays and Sundays, at present, workers have
been working until 12:00pm in the factory.
Child Labour
There were some child labour in the factory but after July, the factory dismissed them.
Overtime pay
Overtime payment at the factory is 15 Baht per two hours. The factory did not pay for
overtime worked up to 9:00 o’clock at night but only pay after 9:00 pm.
Average pay
If the workers have regular job and over time they earn average 1800 Baht, 2000 Baht and
2500 Baht amonth. But workers could earn about 1500Baht,2000 Baht, 2500 Baht including
900 Baht for the compansation in December.
The factory deducted 300 Baht for work permit fee workers whose income was over 1000
Baht. The factory deducted 100 Baht from workers earned 500 Baht and 200 Baht
deduction from 600 Baht, 700 Baht earning.
Commentary
(1) Workers were exploited by the factory without sympathy and with the violation of
the Thai labour protaction act including (extremely low salary, working 30 days a
month, low overtime pay etc. ) for many years.
(2) The factory failed to inform the workers about the closing of the factory in advance
so the workers were seriously in trouble in the lack of the preparation.
(3) The factory well planed to divide the gathering and unity of the workers not to
protest against the factory authority and not to demand their compansation
(severance pay).
(4) The factory cleverly cheated workers that the factory would be reopened and make
reassignment in 1st March because the factory did not want to pay the
compansation. On the other hand, the factory authority made unnecessary workers
to leave the factory the next day after payment on 8th December at night because it
was not sure that the factory would be reopen.
(5) All workers have the work permit and gave the work pertmit fee monthly but they
did not have any chance of the Thai labour protestion act..
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(6) The workers very feel sad for the discrimination from the factory authority between
workers at the same factory and under the same of the labour protaction act.All
Thai workers and Chinese workers got the compansation in accordance with the
Thai labour protaction act.
(7) The factory bullied the workers that they would not get 900 Baht – compensation if
they did not make to sign papers in Thai when fired to get money for transportation
back to Burma.
Conclusion
(1) If the factory will be reopened in 1 March,2004 or closed, the factory should pay
the severance pay to all workers.
(2) Thai Labour ministary should look into the whole issue of exploitation of the
Burmese workers in B.K Fashion.
(3) If reopen the factory, the factory should reassigne the old workers from the B.K
fashion.
(4) Thai Labour authority directly should make interviews with the workers to know the
real situation soon.
(5) The factory and TOMMY and J Crew brands, who gave the sub contract to the
factory are responsible for fired workers from the B.K fashion factory.
(6) Workers, Human rights organization, International organization should pressurize
on the factory authority and TOMMY and J Crew brands company to reopen the
factory and to raise the working condition from the factory according to Thai labour
protaction Act.
Appendix (1) -- Interviews
(1) Interview Date: ---------February,2002
Name: Aung Khaing
Sex: Male
Age: 22 year old
Place of Birth: Hmawbi Village,Paung Township, Mon State
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Education:
Name of factory: New Products Knitwear Co., ltd
Type of Factory: Knitwear
Work Force: Over 1500
He had worked for almost seven factories. The factory in which he is working now is more
hot than the other factories in summer and there is no fan at all. The factory does not allow
workers to form a union ---it allows only social welfare associations which work in the
owner’s favor . The association doesn’t really deal with workers affairs--it in fact, aims to
1. control the drunk workers,
2. discourage gambling,
3. solve the quarrels within the factory, and
4. solve the emergency epidemics.
The association sometimes acts as a mediator when salary conflicts appear among the
factory managers and the workers. But nevertheless it usually takes more positions for the
owner than the workers. According to Aung Khaing, the majority of workers did not like the
association anymore.
The factory administrative body divided workers into two types; daily wage-earners and
piece – production workers. There are nine types of work in this factory, namely
1. Spinning Section
2. Knitting Section
3. Patching Section
4. Cloth Connecting Section (Sewing Section)
5. Fine Cloth Section (Cutting for Extra – Yarn )
6. Washing Section
7. Ironing Section
8. Final Cloth Checking Section
9. Packing Section
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A majority of workers work at the knitting section and sewing section. The workers in the
knitting section earn through the piece work system, and the workers at the sewing section
earn through the daily wage system.
Child Labor
There are an estimated 15 child laborers aged between 14 and 15 years. Some of them
come to Thailand together with their relatives or their parents. They earn between 45 -50
Baht, and their schedules are the same as other workers.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime
- Night Shift 06:00pm to 09:00pm
Every worker in this factory has to work at least 11 hours per day including overtime.
Although there is no overtime on Saturdays and Sundays the workers need to work until
05:00pm. The day after payday, the factory closes.
Overtime
In the peak production period the workers must work overtime from 6:00pm to midnight, and
sometimes return to work at 06:00am in the next morning. In the rush peak -production
period the workers must start at 8:00am so they have only two hours rest. Once in three
months the workers have to work for almost three days without a rest. But nevertheless there
are only 15 working days at the moment
Poor Payment
The factory administrative body does not provide information about payment ahead of time
to the workers receiving piece-work rates. The workers actually find out how much they will
earn for piece-work only 7 days before payday. A new worker gets his first pay only after he
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has worked for 40 days. It means that the factory took 10 days deduction if he or she
resigns from the job. Dissatisfaction with payment always appeared among these workers.
Piece-work rates vary depending on design and target time; earnings can vary depending
on the production knitting machine assigned, for example Gate 3, Gate 5 or Gate 7. Some
workers can use Gate 3 knitting machine on the one hand and some can use Gate 5 and
Gate 7 on the other—all depending on the design of the work. Some workers must use
other machines because they do not have enough skill. For the lack of skill some workers
can not earn enough for their daily expense.
Skilled workers who have worked the same machine all the time can earn between 2,000 -
2,500 Baht, but unskilled workers can earn only between 1,000 -1,500 Baht. They earn 7
Baht per hour in the overtime shift. For example, the workers will get 620 Baht for a dozen
products under the piece–rate system. The skilled workers need a week to complete a
dozen products but unskilled ones need at least 12 days.
If the Quality Control section does not like the product quality the workers need to do the
spinning again.
The factory administrative body deducts 300 Baht a month from pay for work permit card.
Aung Khaing earned more than 2,000 Baht only two times in the past six months.
Lack of Leave
There is a doctor at the factory, and the workers can take leave but only with permission
from the doctor.
Living Conditions
The factory administrative body arranges double beds for workers. But the workers cannot
sleep in the summer because there is no ceiling fan on the one hand and it is too cold in the
winter on the other. There are a little more than 40 toilets and they are too dirty. When the
water is out of order the workers must go in the field outside the factory. Used water from
the washing machines is stored near the factory and bad odor always permeates the
factory. Thai people who live near by the factory also protest the bad odor.
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General
The factory manager used to warn the workers not to demand increased salaries, and he
also warned that he would let go 11 workers and bring in new ones. Meanwhile workers
earn no more than 500 Baht (net) because the factory has little work and deducts 300 Baht
for work permit cards.
(2)Interview Date: March, 2002
Name: Thet Ko
Sex: Male
Age: 18 year old
Place of Birth: Kyeik Ka Thar Village, Kyeik HtoTownship, Mon State
Education: 4th Grade
Name of factory: New Product Co., ltd
Type of Factory: Garment (Male Trousers)
Work Force: Over 100
Thet Ko has been to Mae Sot since four years ago together with his mother and sister, and
he also has been working in Mae Sot for nearly four years. In this last factory he has been
working for three months.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime
- Night Shift 06:00pm to10:00pm
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Forced overtime and payment
The workers can earn 45 Baht a day and 6 Baht for each hour over time. There are more
than 50 illegal workers the factory and they all have no work permit. Meanwhile registered
workers at the same factory can earn from 55-80 Baht a day. These illegal workers can not
pay deductions for work permits --they can only earn 45 Baht a day. The usual task is to
produce trousers and to accept any work as the owner directs, for example, each worker
has to fix two pockets on an item and he or she has to fix 400 pockets a day.
Working Security
The factory hired more illegal workers including Thet Ko. And the workers unfortunately
heard that Thai authorities will come and check the factory on 26 February 2002. The
factory owner told the unregistered workers that after the overtime shift on 25 February they
should move to another place. At about 10:00pm on the same night these workers were
sent to the farm belong to the owner’s brother----there they had to take all responsibility for
themselves, including providing foodstuffs. All they were given was the space to live in.
In the evening of 28 February, the owner came to the farm and said he cannot take
responsibility for their security. So the workers went to another place, gradually making their
way. Then they heard that Thai police came to the farm the next day but no one was
arrested because nobody was there. Although the workers asked the owner to give them
an advance of about 300 Baht, the boss did not do it but said come and pick the salary up
on 12 March 2002, the regular pay–day. All of these unregistered workers were
automatically dismissed because the factory did not allow them to continue to work there.
Future Plans for Work
Thet Ko wishes to go back to Burma. If he has saved about 100,000 Kyats (about 8000
Baht) he will go back and launch a barber shop or a tailor and live calmly, he said.
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Appendix (2) – Workers Protest for better Wages on 9th May – 15th May,2002
9.5.2002
This morning over 120 active workers from the knitting section started to protest for higher wages in the
factory and all the workers from other sections supported the protest. In fact, most workers did not get
fair wages this month because there were fewer orders at the factory. Workers have to work at least 11
hours a day regularly but they earn about 1000 Baht as the factory doesn’t have overtime.
Some workers from the knitting section came early to the work place to earn some more money. They
even worked harder than the other workers, but they still earned the same as the other workers, about
1000 Baht. The factory deducted 300 Baht a month from their wages for the work permit fee.
The factory manager never says prior to the start of work what the payment rate per a dozen pieces will
be. The factory usually informs about the payment rate when payday is near.
The workers demanded:
1. that work not exceed 8 hours a day
2. overtime fees for the afternoon shift beginning at 06:00pm
3. to assign a holiday on Sunday
4. to raise the salary of daily wage earners from 40 Baht and 45 Baht to 50 Baht
5. that enough water is provided
8 representatives from the workers negotiated with the boss of the factory at 11:00am and 04:00pm three
times. In the meeting the boss of the factory accepted their demands.
10.5.2002
The factory gave the salaries to the workers because it was payday at the factory.
11.5.2002
The boss of the factory had denied all demands of workers except he would raise the salary of daily
waged workers from 40 Baht and 45 Baht to 50 Baht.
12.5.2002
The factory authority asked the workers to go to the workplace. But the workers denied going to
workplace and went on strike.
13.5.2002
The workers went to the workplace at 7:30am in the morning shift. At about 10:00am polices raid and
surrounded the workers from the knitting section. The workers were amazed by the arrests. They now
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know that the factory authority planned to arrest them cunningly. The police selected and arrested 50
active workers including 6 female workers involved in the strike and handed over all the workers to the
immigration office.
The police explained to the workers that the factory did not want these workers so he informed the police.
At 04:00pm in the evening all arrested workers were deported to the Burma border.
The remaining workers stopped working at the factory and demanded the release of the arrested
workers.
14.5.2002
A few workers went to workplace but most of workers still went on strike.
15.5.2002
Some workers went back to Burma but most of the workers started to work in the morning.
Appendix (3) –Worse working situation of the B.K fashion (New Product )factory in
December,2002
The factory has over 1000 Burmese workers. I had interviews with 4 workers from the factory. They have
been working in this factory for more than two years or three years. The factory is divided into two types;
daily wage- earners and dozen piece-production workers. There are nine types of work divided into nine
sections in the factory.
1. Spinning Section
2. Knitting Section
3. Patching Section
4. Cloth Connecting Section (Sewing Section)
5. Fine Cloth Section ( Cutting for Extra-Yearn)
6. Washing Section
7. Ironing Section
8. Final Cloth Checking Section
9. Packing Section
1. Working hours and overtime
(a) Regular working hours for knitting section.
Morning Shift 07:30 am to 11:30 am
Afternoon Shift 12:30 am to 04:30pm
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Night Shift (Overtime) 05:30pm to 08:30pm, 10:30pm, 11:30pm
Although there is no overtime on Saturdays and Sundays the workers need to work until 04:30pm. Every
worker in this factory has to work at least 11 hours per day including night shift. Most of the workers from
the knitting section are male workers. Knitting workers have to work hard than workers from other
sections. If there is overtime, the workers need to work until 10:30pm. In the peak production period, the
workers must work overtime from 05:30pm to 11:30pm.
(b) Regular working hours for other sections.
Morning shift 08:00am to 12:00am
Afternoon Shift 01:00pm to 05:00pm
Night Shift 06:00pm to 09:00pm, 12:00pm
The workers are free on Saturdays and Sundays after 05:00pm. They have to work at least 11 hours per
day. Except on Saturdays and Sundays, at present, workers have been working until 12:00pm in the
factory.
In October, they had to work over 100 hours of overtime. They did not have holidays even
on Saturdays and Sundays.
Poor Payment and Threat Bargaining
(a) Payment for Daily wage Workers
Daily-wage workers earn 45 Baht, 50 Baht, 55 baht and 60 Baht a day according to their service.
After the workers protest on 9th May, they earn at least 50 Baht , 55Baht and 60Baht a day
depending on their ability and service. If a worker is in service in this factory for over two years and
has good relations with a factory authority such as a supervisor, the worker can earn 60 Baht a day.
Few workers earn 70 Baht a day, such as those that have been working for nearly four years in the
factory.
They can earn about 3000 Baht a month during the peak production period but if the factory does
not receive many orders, they earned only about 1000 Baht.
If they have a regular job and overtime they earn on average between 1800 and 2500 Baht per
month. But the factory usually deducts 300 Baht from their salary for work permit expenses.
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(b) Payment for piece-production workers (knitting workers)
Piecework rates very depending on design and target time. Earnings can very depending on the
production skill, payment rates and the knitting machine type assigned, for example Gate 3, Gate 5, and
Gate 7 workers, who work with these three Gate machine types, have to work harder than other workers.
No one from the factory usually knows how much he or she will get for a dozen pieces in advance. So
the problems between the factory authority and workers usually occur. According to skill and
experience, workers know how much money they should get per dozen pieces. When the payment is
less, the workers urge the manager to increase the rates and sometimes they protest against the factory
authority. Workers feel that they should earn at least 120 Baht a day. A worker has to complete at least
48 parts or at most 60 parts of a dozen sweaters to earn 120 Baht in one day.
For example, a skilled worker from 5 Gate machine can earn 120 Baht a day after accomplishing a dozen
pieces but he has to work at least 11 hours. The skilled workers earn on average between 2500 Baht and
3000 Baht a month if the factory has many orders but the ordinary workers will earn about 2000 Baht a
month.
In November, most of workers earned around 1000 Baht because of fewer orders.
Threat Bargaining
The factory does not say prior to production what a dozen piece rate payment will be.
Workers stop working when they are informed of the rate and don’t like the piece rate
payment allocated by the factory authority. Workers urge the manager to increase the
payment. If the factory manager does not allow the workers’ demands, the factory authority
always say that they will give the orders to other small factories, where the workers will work
for the low rate. Sometimes the manager gives some or all orders to other factories when
bargaining means can not solve the problem of payment between the manager and
workers. The factory usually shares order to other factories (SR Co Ltd. and KS Co Ltd.)
during the peak production period. But workers do not know the payment rate the factory
gives to others. The factory manager controls the payment rate per dozen by this means or
this threat. Workers are concerned about fewer orders because they would like to work
regularly, so workers have to work with the low payment rate as the factory allocates.
Sometimes the factory does not have enough work for workers. In the irregular working
hours, workers usually face the problem of low payment rate because they did not want the
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factory authority to share the orders with other factories. So although workers don’t like the
low payment rate per dozen, they have to work, so they accept the rate.
The supervisors allocate the payment rate per dozen in the factory. If workers earn between
4000 and 5000 Baht a month, which they rarely do, the manager complains and blames the
supervisors that the payment rate is higher than before. If the workers earn under 1000 Baht
a month, the manager asks the supervisor, “Don’t the workers work very well?”
Lack of Rest and Lack of Leave
The workers can go out of the factory between at 05:00pm and 09:00pm after the afternoon
shift and at 05:00pm on Saturday and Sunday. They must stay at the factory on the other
days. The workers normally have no holidays, even on Sunday. Workers have a holiday the
day after payday. During the peak production period workers were not allowed to go
outside even on Saturday and Sunday.
It is very difficult to take leave if the workers suffer illness. First workers inform their
supervisor about their illness so that they can take leave and second the supervisor informs
the manager to give the leave. At last workers can take the leave with the approval of the
manager. The workers can not go out of the factory without getting a permission letter from
the manager.
If a worker arrives at the factory a little late for their working hours, the factory
authority usually deducts 1 Baht per minute from his or her salary as a fine. And the factory
deducts 50 Baht per shift from wages if the workers are absent during their working time
without taking leave.
When some workers need to go out of the factory for urgent personal or social affairs, they
usually go out with all possible means through a wire fence. But after the protest in May, the
fence has been electrified. Fortunately, the fence has injured no one.
Health Care
There is a clinic open between at 08:00am and 05:00pm at the factory. A doctor give treatment to
patients between 10:30am and 12:00am. But the patients get only paracetamol tablets. Some workers
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suffered TB (Tuberculosis) because of the dust from the yarn. It was estimated that about 30 workers
were treated by the hospital in a six-month period.
Child labor
There are still child workers in the factory who are about 14 years old. Children are daily wage earners
and have been working in the spinning section, clothes checking section and packing section. They earn
50 Baht a day. When the factory authority knows that the external monitors from the company, which give
orders to the factory, or the officials from the Thai Labour Department will be checking the factory, the
factory authority usually ask the children to stay out of the factory. Every worker does not have the
opportunity to meet the people who check the factory. The examiners of the factory meet and discuss
with some workers who are specially selected from the factory.
Work Permit
The Labour and Social Welfare Ministry allowed the immigrant workers to renew the work permit between
Sept 14 and Oct 15 in 2002, who registered with labour offices last year. But no new work permits would
be issued during this period.
The Expense for work permit (Sept 2002 to Sept 2003) is as fallow:
1. Fee for health insurance: 1200 Baht (Free medical treatment for one year)
2. Fee for work permit for one year 1800 Baht
3. Fee for medical check ups
300 Baht
4. Fee for work permit card 150 Baht
Totally 3450 Baht
Last year the total expense for work permit (Sept 2001 to Sept 2002) was 4450 Baht. Employers gave
2050 Baht and took 2400 Baht from workers for the work permit. So, employers deducted 300 Baht a
month from the monthly salary.
At present workers from the factory don’t know how much the employer will give and how much he will
deduct from their wages for a one-year work permit. But the employer started to deduct 300 Baht a
month from payment in November. Last year the factory gave the photocopy of worker permit to workers,
but this year workers have to hold the certificates of medical check ups issued by hospital.
The factory distributes photos of all the workers that are not to be hired by other factories such as those
dismissed by the factory or those trying to move to other factories.
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Notice issued by the factory
The factory officially gives a notice to the workers not to move to another factory. The notice includes that
the factory will take actions on any worker who moves to another factory if they discover that it has
happened. On the other hand, the factory will take the action on other factories which accept his workers
and these factories will be prosecuted for accepting his workers.
Example (1)
There is a mechanist named Mr Tun Tun in the factory. He has to repair about 250 sewing machines at
the factory. He earns 4000 Baht per month.
He moved to another factory to get 5000 Baht a month in October. When the factory knew that he moved
and was working at another factory, the factory authority informed his new factory not to hire him. So the
new factory dismissed him and he came back to the New Product factory.
He requested the factory manager return his work permit and give back the expense of the work permit.
If this could not be done, he told the manager to rise his payment to 5000 Baht a month. The manager
did not accept his requests. Now he is working at the factory with 4000 Baht a month like before.
Living condition
The factory provides enough rice to workers. Sometimes many grains of paddy are found in rice cooked.
So workers have to eat the rice after removing the grains of paddy. Often they have to eat very soft rice.
The factory always provides too little water. Workers usually need to rush when taking a shower. Although
at 07:00am in the morning water comes from the pipes, there isn’t any water left in the pool. Workers face
a water problem for taking showers. In evening the water comes at 4:30 pm and at 5:00pm. Workers do
have enough water when it is raining.
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Appendix (4) – Tak Province Industrial Council’s Resolution on 31st August,2001
Tak Provincial Industrial Council
To Be Aware Illegal Migrants Must Follow Up The Following Points
1. Do not work without a work permit. If someone is found on the job without work permit,
he/she must face these penalties – not less than three months imprisonment or not less
than five thousand Baht fine or both punishments.
2. After having received work permit, the workers must keep it along with them. Not less
than 1,000 Baht must be fined if someone cannot show work permit when officials
request it during inspections inside or outside of the work place.
3. Application must be forwarded to concerned labor office within 15 days to issue a
renewal if the original permit is lost or destroyed. If a worker fails to do so the relevant
worker must be fined not less than 500 Baht.
4. No other jobs must be worked except the job described in the work permit. If the worker
leaves and does not follow up on the instructions, not less than one month imprisonment
or not less than 2,000 Baht fine or both penalties must be carried out.
5. No permission to transfer to other entrepreneurs and works except written in the work
permit. If absent to follow up the adopted instructions, not less than one month
imprisonment or not less than 2,000 Baht or both of penalties must be fined.
Newsletter
Association of Tak Province Industrial Council
Letter No. 1 / 2544 August 31, 2001
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“Issue work permits for illegal migrants”
Government allowed work permits for illegal migrants for one-year-working in Thailand, so
aliens whether belong to owner or without owner can inform to Tak province labor office
within September 24 to October 13.
The expense for work permit is as follow:
Expense for first installment (First 6 months)
1. Fee for health insurance: 1,200 Baht (Free medical treatment for one year)
2. Charge for repatriation: 1,000 Baht (For one year)
3. Fee for work permit for 6 months: 900 Baht (First six months)
4. Fee for work permit card: 150 Baht (For one year)
Total amount for first installment: 3, 250 Baht ( For the first six months)
All expenses must be paid on the day of issuing work permit.
Expense for the second installment (Second 6 months)
1. Fee for medical check up: 300 Baht (If the worker who passes in medical check up
continue working job but the worker who fails in medical check up must be repatriated
immediately.)
2. Fee for 6 months work permit: 900 Baht (Second six months)
Total amount of second instalment:1, 200 Baht
Expense for one year: 4, 450 Baht
Employers must give 2, 050 Baht and take an additional 2, 400 Baht from workers for work
permit. So, Employers will deduct 300 Baht a month from the monthly salary.
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Remarks: As the staff of labor office, Mae Sot branch, Mae Mway City, will carry out what is
necessary for this schedule, they may notify the employers not to make medical check up,
and not to take photograph of employees in advance.
Tak Province Industrial Council
August 31, 200