Exposing UNIQLO's abuse of Chinese garment workers - War on Want
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War on Want fights against the root causes of poverty and human rights violation, as part of the worldwide movement for global justice. Join us! The success of our work relies on inspiring people to join the fight against poverty and human rights abuse. Get involved with our work: Visit waronwant.org/donate Email support@waronwant.org Call +44 (0)20 7324 5040 Write to War on Want 44-48 Shepherdess Walk London N1 7JP United Kingdom /waronwant @waronwant SACOM Student and Scholars against Corporate Misbehaviour (SACOM) is a nonprofit organisation founded in Hong Kong in 2005. It originated as a students’ movement and now aims to bring front line workers, concerned students, scholars, labour activists and consumers together to fight for a workplace in which workers can work with dignity, receive fair wages for their labour, and be leaders in the workplace. SACOM is especially devoted to the investigation and advocacy of labour rights in the garment, electronics and toys industries, and has campaigned against global brands including Disney, Apple, American Eagle and UNIQLO.
Preface 01 China is the biggest exporter of ready harassment. Worse of all has been the made clothes monopolising nearly 40% strategic crackdown on workers who of the global garment industry. Driving fight back. China’s $187 billion garment trade are over 10 million garment workers who Global initiatives that try to get garment toil under oppressive and exploitative corporations to take responsibility for their working conditions, mostly for high factory workers are voluntary, weak and street brands. toothless mechanisms. Garment corporations, like UNIQLO, have never been called to On paper, China has some of the most account by national governments or progressive labour laws in the region, international bodies for their abuse of providing job security, limiting overtime, garment factory workers. While concerned setting minimum wages, providing social stakeholders work to gently nudge garment security and insurance and protection of corporations to consider taking responsibility dismissed workers. Unlike most other for their factory workers, SACOM have taken garment producing countries, China’s a more direct approach in exposing the minimum wage has been rising by 13% insidious reality of these voluntary initiatives each year. that whitewash corporate rhetoric, highlighting the real impact that the culture of However, while business from foreign brands impunity has on the daily lives of workers. is booming, the fundamental human right of workers to form and join independent trade SACOM’s undercover investigations led to unions is banned in China. Driving a race to significant improvements in factory conditions the bottom on wages and working conditions, for UNIQLO’s workers, but for the pending brands expect low production prices and a cases of hundreds of dismissed workers in compliant workforce and this is guaranteed supplier factories in China and Cambodia, by governments and upheld by factory justice is still out of reach. Together with owners out of fear of losing foreign business. SACOM, War on Want is demanding supply Exploiting this arrangement is Asian retail chain transparency in the garment industry. giant, UNIQLO. Fighting back against this is a Knowing which factories brands produce in growing force of labour organisations, like allows workers to directly target the War on Want’s partner, Students and Scholars companies they are producing for providing a against Corporate Misbehaviour (SACOM). long overdue shift in the balance of power in the garment industry. War on Want is also This report presents the findings of supporting the call for binding international undercover investigations undertaken by legislation to hold corporations to account SACOM into four of the 70 factories and end the impunity with which producing for UNIQLO. These factories are corporations operate. kept secret by UNIQLO allowing it to abuse and exploit workers with impunity. In this report the disconnection between the utopia that UNIQLO presents to the public and the lived experiences of garment workers in their supplier factories is highlighted: working days of up to 20 hours, seven days a week in Steve Preston dangerous working conditions facing severe Chairperson
Contents 02 1. Labour rights and working conditions in China 03 This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers 1.1 China’s garment industry 03 1.2 The rise of workers’ power and China’s labour law reform 03 1.3 The reality of working conditions in Chinese factories 05 2. SACOM’s investigations in UNIQLO factories 07 2.1 SACOM 07 2.2 UNIQLO’s 'utopia' 08 2.3 SACOM’s methodology 10 3. Key findings: UNIQLO's factory dystopia 12 3.1 Excessive working hours and unpaid overtime 12 3.2 Unsafe working environments 13 3.3 Punitive measures 15 3.4 No unions allowed 16 4. Demands and Responses 17 5. UNIQLO’s culture of abuse 19 5.1 The case of Artigas Clothing 19 5.2 Beyond China: the case of Zhing Yin factory, Cambodia 20 6. Conclusion: Take Action! 22
1 Labour rights and working conditions in China 03 1.1 China’s garment industry producing for them. They have done this by hiding behind complex supply chains and keeping factory workers at arms’ length by China is the leader of the global not directly employing them. The garment garment export industry with an industry moves across the globe searching annual value of $187 billion, cornering for the lowest possible production costs, 38.6% of the global market.1 In 2012, driving a race to the bottom in wages and China made 43.6 billion garments with working conditions. an export value of $153.2 billion. By 2013, the export value had increased China’s garment industry has historically to $164.13 billion. In the first half of been located in the established southern 2016, China had already clocked up coastal areas close to Hong Kong. Recently, $47 billion in global garment exports.2 many factories have been relocating inland in Driving the industry are over 100,000 pursuit of cheaper labour costs. garment manufacturers employing over 10 million garment workers.3 Its garment exports to the UK amount to 1.2 The rise of workers’ power $12 billion representing 24% of Chinese and China’s labour law reform exports to the UK.4 UK high street brands such as Primark, H&M, GAP, Mango, Zara, China has long led the race to the bottom Lululemon, and online stores such as Boden on workers’ wages and working conditions and Matalan all produce garments in China.5 to create the requisite financial incentives China is part of a global garment industry for international brands. However, its labour where fashion brands have evaded laws attempt to secure rights of workers by responsibility for the rights of workers improving job security, limiting overtime, setting UNIQLO's store front in London
04 the minimum wage and providing compensation China. Independent trade unions and labour This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers for dismissed workers. As such, the minimum rights groups can openly function in mainland wage in China has been increasing by around China, with the support of civil society. These 13% each year until 2016.6 For garment workers groups play a strategic role in connecting the in China, this means that they are legally entitled international arena with worker struggles in to receive one of the highest minimum wages in mainland China. This has created the space for the region, second only to Malaysia.7 greater awareness of workers in China among Western consumers as well as for solidarity The shift in legislation and policy has largely between Chinese workers and garment been driven by the rise of activism from workers in other countries. China’s labour movement, supported by civil society groups. Strike and protest action has SACOM has been central in exposing the link been on the rise for some time as Chinese between poor working conditions and workers push back against Chinese producers corporate impunity of international fashion and the international brands they produce for. and electronics brands. By implementing its Workers have been demanding better wages, methodology of evidence-based advocacy, working hours and conditions by engaging in SACOM has campaigned to secure improved strikes and forcing employers and brands to labour rights for workers in factories that the negotiating table.8 produce for global brands Apple and Disney. However, as much as workers have been Hong Kong-based groups play a significant role pushing back, the situation for workers in supporting the factory workers in mainland is worsening. Monthly minimum wages of garment workers in the region (US$) 275 ighest relevant rate applicable to H unskilled garment workers L owest relevant rate applicable to unskilled garment workers 266 219 237 244 128 131 95 156 Source: www.ilo.org 100 90 85 74 66 68 70 © Tom Lebert Sri Lanka Bangladesh Pakistan Cambodia* Viet Nam India Indonesia Thailand China Malaysia
05 1.3 The reality of working to new, inland production hubs. Often factories are closed overnight, without conditions in Chinese factories warning to workers who arrive at work to find the gates locked, factories gutted of While the Chinese government has initiated machinery and the factory owners nowhere labour law reforms, it has omitted crucial rights to be found. Workers are left without that would result in real change for workers. compensation, with unpaid wages and unpaid The Chinese government still denies workers pensions. The increase of strikes and protest the right to form and join trade unions of their actions in the last few years has corresponded choice. Only those independent trade unions with the increase of coastal factory closures. that are affiliated to the All-China Federation Coastal provinces like Guangdong reported of Trade Unions (ACFTU), the state-run 361 strike actions in an 18-month period from trade union federation, are recognised – January 2015 to July 2016.10 any independent unions are forbidden and repressed. Workers are also denied the right Workers in the garment industry in China are to collectively bargain and the right to strike is also treated differently depending on whether severely (and often violently) limited, both in they are city born, rural migrant or women law and in practice. workers. Despite China having the second highest Rural migrant workers, through the ‘hukou’ minimum wage in the region, this basic wage system, are denied the equivalent access to does not come close to covering living costs forcing workers to make ends meet through long hours and overtime payments. The isolated life of internal Wage setting takes place in a decentralised way – city and provincial governments have the migrant garment workers authority to set the minimum wage, resulting Most garment workers are internal migrants in substantial differences in minimum wage from rural parts of China who have moved levels across China. Workers in established to industrial cities in search of work. Their coastal hubs like Shenzhen can earn up to first languages are often not Mandarin $299 per month while workers in remote and cultural backgrounds vary vastly. With and inland cities like Yichuan can earn up to measures taken in factories to pit workers $127 per month. Cities in the interior are against each other the opportunity to build also luring manufacturers inland by promising social bonds is limited. Cramped dormitories tax breaks, better transport links and higher are shared between workers on night and productivity from a large labour pool.9 Another day shifts. A quiet space for workers to rest factor driving the move inland is that it makes must be maintained at all time thus limiting the organising of workers by Hong Kong- conversations and socialising between based labour groups more difficult, making workers. With dormitories and factories in an understanding of labour rights difficult to the same gated complex, workers’ lives are access for these workers. confined to a small radius. There have been wide reports of severe loneliness, To ensure China remains competitive, depression and suicide. factories in the established coastal production areas are facing mass closures with relocations
Strike action in manufacturing industry, China (2015-2016) 06 11 Mongolia 19 This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers North 30 Korea Japan 6 14 15 South 15 113 Korea 4 4 17 China 61 34 134 34 48 89 Nepal 34 17 19 20 38 Bhutan 9 Source: www.clb.org.hk India Taiwan Bangladesh 9 12 361 Myanmar Hong Kong Laos state benefits and protection granted to their very common for survival – do not continue urban-born counterparts. The 'hukou' system to receive employer contributions to their ensures that welfare entitlements such as pensions. Similarly, employers are at liberty pensions, housing and education are tied to to keep women on temporary contracts with a person’s place of birth. Moving from the little stability and low wages. village to a city or from a rural town to the coast means that migrants lose their welfare Ageing migrant workers are a growing group entitlements. However, with extreme poverty in China. The reason behind many industrial in rural parts of China, people have no option disputes is that pension contributions are but to move in search of an income – forcing not being paid by employers. Factory closures them to forfeit the welfare benefits. are leaving middle-aged workers unemployed As the garment industry is in constant flux, and unable to find permanent jobs. Receiving rural migrant garment workers remain in a a pension is crucial for the survival of ageing state of precariousness. workers, and mandated by law. Women workers also suffer serious gender For workers who have spent their lives discrimination though Chinese labour law. The working in factories, earning poverty wages retirement age for women is set at 50 years without the capacity to save, receiving their (with men being able to retire at 60). This pensions and being entitled to welfare means that women workers who continue benefits is crucial for their basic survival to work beyond the age of 50 – which is in old age.
2 SACOM's investigations in UNIQLO factories 07 In neighbouring Hong Kong, where been written in Chinese labour laws, the a free media and independent trade commitment to conditions made by fashion unions are allowed, a vibrant network brands and the reality of working conditions of labour organisations are committed in factories. Working with a close network to educating their fellow workers of researchers willing to pose as factory in mainland China, exposing their workers for weeks at a time, SACOM exploitation and raising awareness has been able to document the reality of their resistance. Central to this for workers in factories. The undercover activism and advocacy is SACOM. investigations are undertaken with great risk yet they remain committed supporters of factory workers and continue putting 2.1 SACOM themselves forward for this work. SACOM is a labour-rights NGO based in SACOM has campaigned against supply chain Hong Kong. It emerged in response to the exploitation of recognisable corporations like injustice of corporations benefiting from the Apple and Disney that produce in mainland exploitation of cheap labour and the culture China for sale internationally. Their work has of corporate impunity fuelling labour abuses led to significant improvements in the factory in mainland China. conditions for workers in the supply chain of these companies. In the process of holding SACOM has made rigorous research the high profile, targeted campaigns, SACOM has cornerstone of their work. They have also educated consumers of the social costs of exposed the disconnect between what has purchasing popular products made in China. SACOM protest outside UNIQLO store in Japan © Damon Coulter
08 SACOM also works closely with workers 4-storey flagship store in Oxford Street, This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers on the factory floor providing in-factory London. The brand is determined to grow training to workers on how to organise. as a mainstay of the British high street with This is done with the aim of supporting a focus on well-made basics. UNIQLO is democratic elections for worker-led committed to presenting itself as an ethical committees in factories. Supporting the call brand with a commitment to ‘making the from the global garment workers sector, world a better place’.12 SACOM sees the best way to ensure workers’ rights is by securing the right to UNIQLO and its parent company Fast collectively organise in factories. Retailing appear to take their social responsibility seriously. They see their 2.2 UNIQLO’s 'utopia' relationship with the 70 factories as more than just business dealings and closer to UNIQLO is a Japanese casual wear brand and long-term partnerships. This a wholly owned subsidiary of Fast Retailing manufacturing structure is unique to Co Ltd. UNIQLO is the fourth largest UNIQLO, with most other fashion brands fashion brand in the world with 1,797 stores having a far larger and fragmented supply worldwide.11 Fast Retailing also owns other chain, for example, H&M has well over fashion brands Theory, Helmut Lang, J Brand 400 factories in China, the same number and Princesse tam. tam. in Bangladesh, with manufacturing taking place across over 35 different countries. UNIQLO has 36 stores in Europe with 10 In contrast, 90% of UNIQLO products are of them located in the UK, including its manufactured in China.13 UNIQLO's global flagship stores 'Made for All'
09 Much of their focus is on securing high quality, mass produced garments.14 Stringent quality control of the clothes, allowing for UNIQLO's billionaire CEO only a 0.2mm margin of error, is closely CEO of UNIQLO and parent monitored by the brand which has invested company Fast Retailing is in 400 expert engineers to ‘help improve Tadashi Yanai, the richest man product quality and production processes’ on in Japan, worth $16.3 billion site in their contract factories.15 and one of the 50 richest people on the planet. In addition, as part of its Corporate Social Responsibility (CSR), Fast Retailing has Gaining inspiration from the CEO of GAP, a policy governing its responsibility to whom he calls ‘Professor’ out of respect,Yanai its employees. It has produced a Code is determined to dominate the fashion world of Conduct for its partner factories aiming to lead the biggest brand by 2020. manufacturing for their brands.16 Projecting an ethical approach to production is important to Yanai, though cracks in the The Code of Conduct contains key guidelines veneer of ethical practice threaten to shatter such as the prohibition of child labour, sets UNIQLO’s reputation. limits on overtime work and promotes freedom of association. All Fast Retailing suppliers have In 2011, the ‘extremely harsh, slave-like to submit a written pledge to uphold the Code labour conditions’ in UNIQLO’s factories of Conduct. The CSR monitoring reports are were made public.Yanai moved swiftly to made public. Fast Retailing has also set out silence this dissenting view by instigating a its monitoring of workplace conditions in its legal challenge. He lost both the initial case CSR reports. In it Fast Retailing states that as well as the appeal in the Supreme Court.18 ‘the monitoring of working environments In the same year,Yanai transferred $5.3 by Fast Retailing and its partner factories is million of his Fast Retailing shares to an asset essential to ensuring that safe and appropriate management company he set up himself in working conditions are maintained and to the Netherlands, in what appears to be an creating a mutually beneficial cycle of raising attempt at tax evasion.19 In 2015, the total productivity, quality and employee satisfaction.’17 dividends from Yanai’s shares exceeded $17.7 This monitoring is done through a network of million. If he had paid tax, this would have on-site factory management teams and in-house contributed to almost $7 million in taxes for auditing systems. Japan’s public purse. Displays of ethical commitment are not confined to conduct within UNIQLO's own Clothes for Smiles Programme worth $10 supply chain. Parent company Fast Retailing million. It includes the following projects: 20 engages in various unrelated charitable ventures. For UNIQLO, its CSR is important • The Shopping Experience Project gives to portray itself as a positive, responsible disadvantaged children the chance to company and to attract a particular kind of choose clothing they want at selected consumer for whom this is key. UNIQLO stores so they can discover the experience of shopping. Children are given Together with United Nation's Children's shopping vouchers to shop at a UNIQLO Fund (UNICEF), UNIQLO has undertaken the store to help them build interpersonal skills
10 and manage a limited budget.21 The project Project in partnership with Business for This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers also provides space for refugee children to Social Responsibility.23 Implemented in freely express their feelings about choosing Bangladesh and Indonesia, the project their own clothes provides educational support for women • The Girls Soccer Project has been set up garment workers. It focuses on helping in Bangladesh, Zimbabwe and Ghana. The workers acquire knowledge and skills on aim of the project is to ‘help girls develop basic nutrition, hygiene, healthcare and a sense of social discipline, so they can household management. succeed at school and become valued members of their communities.’22 2.3 SACOM’s methodology UNIQLO has also tried to set itself apart In 2014, SACOM decided to investigate from those garment manufacturers named UNIQLO to assess whether its outward in Greenpeace’s campaign exposing big commitment to making the world a better brands implicated in the use of toxic place and ensuring the human rights of its chemicals and environmental degradation workers was the reality for workers on the in their manufacturing processes. factory floor. SACOM investigated Pacific UNIQLO signed up to the Greenpeace Textile Ltd and Dongguang Tomwell Detox Challenge as a corporate leader Garment Co Ltd, two factories supplying in environmentally friendly UNIQLO in China. In 2016, SACOM manufacturing processes. reinvestigated Pacific and Tomwell and included two new factories, Jintan For its factory workers, UNIQLO has set Chenfeng Clothing Co Ltd and up the Factory Worker Empowerment Dongguang Crystal Knitting and Garment UNIQLO signs up to Greenpeace Detox Campaign
11 00 Co Ltd to provide the most representative data on factory conditions. TIMELINE OF SACOM INVESTIGATION These factories were chosen based on UNIQLO’s own public classification of them September 2014 as best-performing factories with ethical SACOM conducts factory practices.24 The investigations of these investigations factories were conducted with the expectation that of the 70 factories producing January 2015 for UNIQLO, working conditions in these SACOM releases findings in report factories were likely to be among the best. Fast Retailing issues response SACOM investigators posed as general workers in the factories, collecting January 2015 primary data regarding the working Fast Retailing issues corrective plan conditions. Documents such as workers’ contracts, salary slips, working hour records, March 2015 rules and regulations and disciplinary fines Email exchange between SACOM were collected during the investigation and Fast Retailing period. Researchers also conducted interviews in the immediate vicinity of April 2015 factories such as dormitories, restaurants SACOM conducts investigation into and food stands. Some interviews were two more UNIQLO factories followed by online interviews with workers that the undercover investigators were July 2015 familiar with so that the most up to date Fast Retailing issues corrective plan information about conditions in the factories progress report could be collected. August 2015 Interviewees came from different SACOM responds to progress report departments of the factories including dyeing, quality control, knitting, cutting October 2015 and sewing, ironing and finishing SACOM conducts follow up departments. Pacific Textiles and Tomwell investigations into both factories Garment factories were investigated twice to make independent assessment to verify the findings and to follow up to of improvements see if Fast Retailing and UNIQLO had made any improvements. November 2015 SACOM releases second SACOM released two reports of their investigative report including both findings, accompanied by broad media original factories, and an additional coverage and a high profile campaign in China, two UNIQLO factories Japan and Taiwan. This advocacy was aimed at educating consumers as well as pushing January 2016 UNIQLO to respond to the findings and SACOM releases revised version improve working conditions. of report
3 Key findings: UNIQLO's factory dystopia 12 SACOM’s undercover investigators to take a rest with workers working these This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers witnessed and experienced shocking excessive hours for two months straight. human rights abuses. From long, excessive and unpaid overtime to During the peak season, workers had to soak chemically hazardous workplace their feet in hot water to relieve pain and environments, it became clear that fatigue, after long hours of standing. Workers UNIQLO was far from the ethical can apply to not work overtime but many brand it was trying to portray to don’t because of fear of losing their jobs or the public. creating a hostile work environment. A young female worker who works in quality control 3.1 Excessive working hours in Dongguang Crystal Knitting and Garment Company said: and unpaid overtime ‘I don’t want to work overtime. My feet went Fast Retailing’s policy states that overtime swollen after standing for work for so long. I is the exception and that working hours are often tell the line leader that I don’t want to closely monitored across all departments work overtime. He has a bad impression of to ensure that workers are not working me now.’ excessively long hours. SACOM’s investigations found this not to be the case Another male worker who had been working in the first two factory investigations, nor for two years in the printing department of did they find this in Chenfeng and Crystal the same factory said: factories after UNIQLO’s corrective plan was ‘Sometimes I work for rolled out. The Chinese standard for working hours per month is 174 hours. Workers in all 1-2 months, till 11pm or four factories were found to be working in excess of the statutory provision. In addition even midnight! I start at to the standard 174 hours workers in all four factories were working the following 7:30am.’ overtime hours: It was also found that workers were forced • In Pacific, workers were working 134 hours to work overtime because their wages fell of overtime per month well below the minimum wage for the region. • Tomwell’s workers were required to work The basic wage they were receiving barely 112 hours of overtime covered their subsistence let alone being • In Chenfeng, workers were working 80 a living wage. The wages in the factories hours overtime per month ranged from $196 to $231 per month. Taking • Crystal’s workers were working 150 hours overtime work was a way of earning enough overtime — nearly the equivalent of two to survive. full time jobs for less than a living wage. However, many workers in the factories In some cases this required workers to work found that they were not being properly paid a 17-hour day from 7:30am to midnight, seven for their overtime. Statutory provisions on days a week. Often they were not given leave overtime stipulate that workers are to be
13 paid double their wages for working overtime its employees, in compliance with national on weekends, but wages for the workers in laws… [and it] takes special care to create these factories were being calculated at one safe workplaces and prevent employee and a half times the basic wage. The law also accidents on the job and while commuting.’26 provides that if the worker, whose wages are SACOM found that workers in Pacific and calculated by piece rate, is required to work Tomwell were subject to working conditions overtime, the employer has to pay the worker which included extremely high shop floor for his/her overtime or extra shift wages temperatures, unsafe facilities, no protective not less than 150 to 300% of the normal gear, poor ventilation with high cotton dust piece rate wage. However, it was found that levels in the air, the use of toxic chemicals workers working overtime were being paid and high risk of electricity leakages. the standard piece rate. It was found that the temperature on the knitting floor of one of the factories was 38 3.2 Unsafe working degrees Celsius. Workers had no protective environments gear and some male workers were observed working topless, whilst women workers were Fast Retailing states that it takes the ‘utmost seen working in sweat-drenched clothes. care to protect the health and safety of Workers in the dyeing department were Garment worker working in high temperatures, Pacific
14 expected to work with fabric loads of up to rushing to meet productivity targets under This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers 600kg in high temperatures with no protective high pressure. gear, risking burns or chemical exposure. In each of its CSR reports Fast Retailing Investigators found that some of the factories does acknowledge that sewing machine had poor ventilation and in one case the accidents and falling from stepladders in ventilation was switched off for the entire stores still occur. duration of the investigation. They found that there was a high density of cotton fibre in Investigators also found that Pacific and the air with a risk of causing byssinosis – a Tomwell factories were using harmful serious occupational asthma and respiratory chemicals in their production processes. irritation. Furthermore, cotton dust is As a result harmful, toxic waste water combustible and has been the cause of dust was regularly seen flooding the factories’ explosions in textile plants in China. floors. Unregulated exposure to chemicals was widespread and many workers were During the undercover investigations it exposed to high risks of electrocution due was also observed that workers had to to ‘electric leakages’. stand on 2-metre high stepladders while working with rolls of yarn. Falls from this This is in direct contradiction to UNIQLO’s height are common in the factories as public statements of being a corporate leader workers try to load the machines with yarn. in environmentally friendly manufacturing They become more common as workers are processes. It is no wonder that in 2015, the Chemical waste flowing on the factory floor, Pacific
Police inside the Artigas factory 15 Newsweek Green Ranking – one of the world’s Workers’ wages were being deducted if the most recognised and respected assessments of quality of their work was not up to standard corporate environmental performance – ranked or if they were found resting outside of their UNIQLO very poorly, giving only a 29% rating 30-minute lunch and dinner breaks. Fines were which put them behind most large companies, also used as a way to control product quality scoring 362 out of 500 companies.27 and manage minor mistakes. At Tomwell factory a worker had his entire 3.3 Punitive measures wage for the day deducted when he was caught attempting to iron two sleeves at the UNIQLO and Fast Retailing purportedly same time instead of one sleeve at a time. In prioritises the physical and emotional wellbeing Crystal factory, workers were encouraged by of its retail employees over the employees on management to report the mistakes made by the factory floor. As part of its CSR initiatives colleagues. Money was deducted from the salary for retail employees, Fast Retailing has invested of the worker who made the mistake, and in wellness centres as well as having in-house transferred to the salary of the worker who had mental health counsellors. It has put in place reported the mistake – thus turning workers mechanisms for reporting workplace stress against each other and creating a culture of and a system for rectifying any stressful mistrust.This was found after UNIQLO had set situations. There is also a prohibition on out its corrective action plan. corporal punishment, physical, sexual, mental and verbal harassment including withholding or Managers regularly used the factory deducting money as a form of disciplinary broadcasting system to name and shame action. However SACOM found that these workers who weren’t hitting their production measures to ensure physical and emotional targets. Chenfeng regularly set the daily wellbeing were not implemented in factories productivity target at 8am and 3pm. If workers producing for UNIQLO. In Pacific Textiles could not reach the target, other workers there were 58 types of regulations set for would have to take on the extra work, adding punishing workers – 41 of them included fines. to the stress of being bullied over the
16 broadcasting system, for example, ‘[Worker voice their concerns. There is no collective, This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers name], what happened to you! What has democratic body representing workers in happened, can’t you even concentrate at work! negotiations with management. In the Pacific Your productivity today is lower than factory the chairperson of the ‘union’ is also a yesterday!’ All of these punitive measures have manager at the factory, violating China’s own contributed to a hostile work environment that labour laws. The union in Pacific is completely workers have broadly cited as very stressful. ineffective in dealing with labour disputes or advocating for workers’ rights, choosing to organise leisure activities and distribute 3.4 No unions allowed welfare benefits instead. Fast Retailing publicly states that its production Investigators also heard that when workers partners ‘shall respect the right of workers to organised a strike against the low wages associate, organize and bargain collectively in at the Pacific factory in 2009, the a legal and peaceful manner without penalty, management hired gangsters to physically interference, or coercion, and in accordance to assault the workers’ leaders and suppress the the Laws.’ This is in keeping with its promise to strike. In other incidents, police were called uphold human rights at all levels of its operations. into factories to squash strike action and, in the case of workers leading a strike against However, through SACOM’s investigations it high temperatures on the shop floor, they was found that workers have no platform to were dismissed. SACOM’s press conference, Japan
4 Demands and responses 17 SACOM published the results of the received training when they hadn’t investigations in Pacific and Tomwell • Not being given pay slips and instead being factories in January 2015. The report told to sign salary sheets where it stated received widespread media coverage that they were paid a basic wage when internationally. The response from they were only paid a piece rate UNIQLO was swift, with parent • Not being allowed to mention that they did company Fast Retailing immediately not receive protective equipment issuing a statement on its website. In • Protective equipment was only issued to the statement, Fast Retailing admitted workers before audits and removed once to SACOM’s findings of rights violation, auditors left. after conducting its own independent inspection of both factories: ‘We UNIQLO has made public, through its CSR confirm that, regrettably, the inspection reports, that there are significant labour found several problems including long violations within their partner factories. working hours.’ 28 These were picked up in their own factory audits which were undertaken specifically to Fast Retailing, however, disputed SACOM’s monitor working conditions. other findings stating that these were 'differences of opinion'. They did not offer After the release of the initial Pacific and to explain the different views that were held Tomwell factory findings by SACOM and on the issues. The fact that Fast Retailing felt UNIQLO’s response, the company continued that the conditions were somehow open to to monitor both factories to ensure that the interpretation was of concern to SACOM. corrective measures they had put in place were being implemented. However, when However, SACOM was not surprised that SACOM returned to the two factories for Fast Retailing was sweeping the serious rights their follow up investigation, they found that violations under the carpet. In investigations while some violations had been rectified, the conducted in Chenfeng and Crystal Group, serious violations had been left to persist. SACOM found that monitoring working conditions through factory audits was deeply UNIQLO's factory audit results show that flawed. Investigators found that workers were between 2010 and 2015, 55% of factories bribed and coached by factory managers into had at least one major or serious violation giving responses the factory wanted them to of the Code of Conduct. This included give. For example, workers were given a cash 42 factories which were found to have reward by factory management if they lied to ‘highly unethical, serious offenses subject auditors. In some cases, workers were asked to immediate review of contract.’29 With by auditors if they worked on weekends. If factories hiding their failings from auditors, they lied and said no, factory management it is quite likely that the true figures are would give the compliant worker a cash much worse. It is impossible to have a full reward amounting to a quarter of the total picture of working conditions without monthly wage. brands like UNIQLO publishing the details of their manufacturing supply chain. Hiding Other instances where workers were made these details demonstrates a lack of to cover up their own rights abuses included: transparency, inconsistent with claims of • Being forced to sign papers to say they had corporate responsibility.
18 This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers What the factories fixed What wasn’t fixed Overtime hours had been reduced Pacific still polluting with hazardous waste Overtime premium was paid Pacific still exposing workers to harmful chemicals Ventilation was improved by building windows Pacific not providing workers masks unless requested Temperature was reduced, air-conditioning No health and safety training in both factories despite installed workers reporting being injured by heavy machinery Waste water draining had been improved in Both failed to give workers the results of their medical Pacific check-ups Unpaid housing provident fund in Tomwell. In Pacific, workers denied access to housing provident fund Basic wage in both factories the minimum wage, less than half the living wage Illegally high overtime hours, between 80 and 100 hours in both factories Tomwell wages calculated by piece rate, rather than legally required overtime wages Worker representation unfulfilled in both factories – no democratic election of worker representative
5 UNIQLO’s culture of abuse 19 With UNIQLO’s 400 quality control their demands unmet. In June 2015, around and monitoring staff having a regular 500 workers slept in the factory for weeks, presence in partner factories, the in an attempt to ensure the factory would idea that the company was not not be closed without receiving their unpaid aware of labour abuses in factories is severance and pension payments and in the questionable. After SACOM’s release hope that factory owners would speak to of the 2016 report UNIQLO ceased them collectively. responding to investigations. The lack of response to the serious labour Management rejected the call for collective violations is not confined to the four bargaining and said they would only agree factories investigated by SACOM. to meet with workers individually. This is The two cases below demonstrate a common union-busting tactic used to that any corrective measures taken diminish the power of striking workers. With in response to SACOM’s initial report collective bargaining rejected,half of the were confined to the two investigated workers petitioned the Guangdong Provincial factories. Both cases below remain Government to resolve the dispute while unresolved at the time of publication the other half remained at the factory. This and UNIQLO has been unresponsive to resulted in violent police repression and pleas for help from workers. detention of 150 workers who attempted to peacefully engage authorities in order to resolve the dispute. 5.1 The case of Artigas Clothing In June 2015, the Artigas Clothing and Leather The National Social Security Fund is factory in Shenzhen, China, shut down without a system that includes five elements notice and refused more than 500 workers including a pension fund for workers severance and social insurance payments. The who jointly contribute to the fund with factory was a major contract manufacturer for their employers. In order to qualify for UNIQLO and one of the 70 factories which this pension upon retirement there is the company had a close relationship with. a minimum threshold for the number of years which contributions have been Most of the workers were women close to made, usually around 15 years. This retirement age who had been working in the becomes a problem for workers who same factory for over 10 years. The factory have worked in a single factory for had not been contributing to their pension many years where the employer has and workers reported that factory conditions not contributed to their pension at all. and hours had long been intolerable. Employers are only obliged to back- pay just two years’ worth of pension In December 2014, when workers first heard – the rest is simply denied to workers. of the possibility of factory closure, 1,000 With the support of this law, which workers went on strike demanding that the guarantees a win in the courts, brands company pay their pension and overtime and their factory suppliers are enabled payments. The police and factory management to deny workers their rights to retire worked together to shut down the strike and in dignity. workers were forced to return to work with
Strike action outside Artigas factory 20 This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers Some workers were arrested in night raids of compensation. The case received significant carried out by police while they slept. One of media attention and has triggered a formal the workers arrested was a female leader who complaint being submitted about UNIQLO to was detained for a total of four months. The the Organisation for Economic Co-operation female worker's indefinite detention was used and Development (OECD) for flouting the as a way to coerce workers to sign a ‘voluntary Guidelines for Multinational Enterprises. resignation’ if they wanted her to be released. Despite UNIQLO being aware of the situation, it has done nothing to support the The factory management visited the homes workers who have been denied their basic of 359 workers who were coerced into rights in contravention of the law. signing, going to extraordinary lengths to deny workers their rights. 5.2 Beyond China: the case of Fast Retailing issued three statements in response to the dispute to assert that Zhong Yin factory, Cambodia respect for human rights of workers was Labour rights abuses in factories producing most important for them. However, this was for UNIQLO are not limited to their Chinese not backed up by action. Instead, workers manufacturers. An ongoing case in the Zhong were forcibly removed to work in another Yin factory in Phnom Penh, Cambodia points factory − Lever Style − and workers who to an entrenched culture within UNIQLO joined the collective action were dismissed. and Fast Retailing of ignoring the serious violation of workers’ rights. The factory The workers filed a lawsuit for illegal currently employs over 1,000 workers and dismissal and not paying the correct amount they produce mainly for UNIQLO.
21 According to the Coalition of Cambodian a contravention of Cambodian labour laws. Apparel Workers’ Democratic Union The worker also claimed that many workers (CCAWDU), 6,715 people were dismissed frequently fainted because the temperature due to their active participation in labour in the factory was very high and there is no unions in 2014. 60% were female workers. air conditioning. In late 2015, 50 workers were dismissed for being union members. The dismissals followed Although workers were provided with masks the union-led negotiation with the factory. to protect against the chemicals used in the In December 2015, the Arbitration Council factory, they did not use the masks because of ordered the reinstatement of all 50 CCAWDU high temperatures. Wearing the masks in high members. However, Zhong Yin factory refused temperatures makes it difficult to breathe. to respect the Council’s award. In April 2015, UNIQLO stated that it was As is their right under the Cambodian Labour undertaking an investigation in the factory Law, CCAWDU commenced a strike in after workers reached out to the brand. In February 2016 calling for the implementation August of the same year, it issued a statement of the award. The factory’s response was to stating that ‘the investigation found no terminate another 55 workers. Contract evidence of long working hours, such as 24 renewals are carried out every three months, consecutive hours of work, nor unpaid wages, and workers who were members of a union as mentioned in the report.’ were refused contract renewals. No mention was made in this statement of Other labour violations in Zhong Yin mirrored the concerns with union busting, difficult those found in the other four Chinese factories working conditions, precarious contracts, that SACOM investigated. They include and non-payment of overtime wages. In excessively long working hours, no overtime pay, March 2016, the factory issued court precarious work contracts and unsafe working proceedings against CCAWDU union leaders environments. Precarious work contracts are for inciting workers to conduct a strike. temporary and provide little stability. This criminal charge was instituted despite the Cambodian Constitution and Labour Law guaranteeing workers’ right to strike. The worker said, ‘I must A second complaint to the OECD about UNIQLO will be submitted based on the work overtime, otherwise flagrant abuse of labour rights in the Zhong Yin factory in contravention of the Guidelines my contract would not be for Multinational Enterprises. renewed. I must obey’ Workers in the Artigas factory in China, as well as the Zhong Yin factory in Cambodia, A male worker at Zhong Yin reported that he are still fighting for UNIQLO to support was forced to work overtime almost every them. The mostly female workers who have day. Sometimes he was forced to work for 24 been unfairly dismissed continue to fight for consecutive hours. reparations and are in an increasingly difficult position as they are unemployed He reported that workers were not paid any and unable to support themselves and overtime wages for hours after 6pm. This is their families.
6 Conclusion 22 This report has exposed the disconnect Workers Empowerment Project declares that This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers between the laws that are passed to UNIQLO cares about its workers.Yet if one protect workers and the violation of digs deeper, the UNIQLO project provides those rights by factories that produce charity with one hand, while UNIQLO denies for brands like UNIQLO. It also their own workers’ rights with the other. demonstrates the disparity between what UNIQLO puts forward as its UNIQLO is just one brand within a global public image and what it actually does system where fashion brands have evaded in reality. responsibility for workers making their clothes and get away with talking about On the one hand UNIQLO says that it will their commitment to working conditions not conduct business with factories that while their factory workers suffer. UNIQLO fail to adhere to its code of conduct which is part of the global garment industry that protects workers’ rights.Yet the four supplier has collectively succeeded in mystifying factories investigated showed that there were the entrenched labour rights abuses of widespread labour rights abuses that flouted millions when it is clear that it is the brands Chinese labour law, as well as UNIQLO’s who disproportionately benefit from the code of conduct. UNIQLO says that there are exploitation. Fashion brands actively drive strict controls in place to prevent excessive and sustain human rights abuses through a working hours, yet this report has shown system where countries and factories are at that workers were working the equivalent the mercy of the orders from brands who of two full time jobs or 350 hours a month. can specify their requirements down to the Whilst it guarantees the rights of workers to last stitch yet cannot guarantee basic labour organise and bargain collectively, UNIQLO standards are met. Workers are clear that has continued to support the factories as they this is due to a lack of trying. The factory physically assaulted workers to suppress strike audit system used by UNIQLO — whose action and rejected collective negotiations and own investigations show poor conditions worse still, taken no action when made aware which are not improving - is the norm for of these abuses. UNIQLO guarantees that no the industry even though this method of monetary deductions will be made as a means "due diligence" has failed in securing workers' of disciplinary action. This report exposes the rights for decades. falsehood of this guarantee as a worker caught ironing two sleeves at a time had an entire Voluntary commitments and standards exist day's wage deducted as punishment. to obscure the lack of accountability brands have for their factory workers and further UNIQLO's public image of portraying itself as enable the absolute impunity enjoyed by the a manufacturer that uses sound environmental industry. National and international laws that practices in its production processes is also exist to protect workers have no traction false. While Greenpeace has given UNIQLO with fashion brands and the factories that awards for this, SACOM found evidence that produce for them. This is because there is factories producing for UNIQLO were using nothing to hold the companies accountable. toxic chemicals with toxic waste flowing There is no international law, or industry openly in the factories. regulation that holds fashion companies to account for what happens in their UNIQLO has consistently used its CSR to supply chains. However, there is a move portray an image of a caring, ethical brand. Its to introduce a legally binding instrument
23 to regulate the human rights impacts of the competition fostered by the garment transnational corporations at the United industry. Workers understand the part that Nations through the UN Treaty process. they play in the garment supply chain. Labour The countries which are holding back the rights abuses are no longer seen in isolation, process are unsurprisingly the states that host but as an entrenched part of a global system the headquarters of the large multinational where millions of workers are getting the companies such as the UK, the USA and short end of the stick while profits of fashion countries in Europe. But there are other brands skyrocket. Workers are not asking for countries including South Africa, Indonesia, the boycott of brands. They are demanding China, India and Ecuador, together with more their fundamental right to freely organise in than 800 organisations,that support the move factories without repression or repurcussion. towards legally-binding accountability. Public pressure can create change: just One gain made in the garment industry has weeks after the Rana Plaza factory collapse in been the commitment of some fashion brands Bangladesh, brands were forced - for the first to transparency by publishing the details of time - to acknowledge direct responsibility their supply chain. This is critical for workers for workers in their supply chain. This case of and unions as this gives them information to responding to UNIQLO’s abuse of rights is hold fashion brands accountable for labour demonstrative of the power of international rights abuses. It also provides them with the solidarity among garment workers and power to lead targeted global campaigns. campaign groups – together a force to be Fashion brands like H&M, GAP and Marks reckoned with. & Spencer have released this information. Yet there are others that proclaim having commitments to workers' rights, like UNIQLO, which have refused to make their supply chains public. Many have cited a commercial Take Action! imperative for keeping these private – again putting profit before workers’ rights. Visit www.waronwant.org to: • Join War on Want’s campaign to The most tangible improvements in factory push UNIQLO to publish its supply conditions have been fought and won by chain information workers themselves with the support of unions and labour groups. Rhetoric in support • Demand that UNIQLO commit to of garment worker rights must be followed up paying a living wage to workers and by ensuring that workers gain access to the ensure they have the right to organise tools to fight for their rights. • Ask UNIQLO #whomademyclothes Knowing the factories producing for global fashion brands provides organised garment • Demand that UNIQLO provide workers with an unprecedented capacity justice for the illegally dismissed to directly target brands and demand workers at Artigas and Zhong accountability. In the context of increasing Yin factories access to communication, international solidarity among garment workers from different parts of the world is subverting
24 Notes This Way to Dystopia: Exposing UNIQLO’s abuse of Chinese garment workers 1 http://www.ibisworld.com/industry/china/apparel- 15 http://www.uniqlo.com/uk/corp/model/ manufacturing.html 16 http://www.fastretailing.com/eng/csr/report/pdf/ 2 http://info.hktdc.com/hktdc_offices/mi/ccs/index_static_ csr2016_e_08.pdf#page=1&pagemode=thumbs&zoom=80 type/20MajorProductsnTop5Countriesexeng.htm 17 http://www.fastretailing.com/eng/csr/report/pdf/csr2014_e. 3 www.cnga.org.cn/engl/about/Overview.asp pdf 4 http://www.eulerhermes.com/mediacenter/Lists/mediacenter- 18 ‘The glory and disgrace of UNIQLO’ was written in 2011 by documents/Infographic-Chinese-exports-Feb15.pdf journalist Masuo Yokota 5 ww.greenpeace.org – several investigations were done w 19 In the Netherlands, if a company fulfils requirements such as on fashion brands producing in China with reference to the holding shares of other companies, its stock dividends will use of hazardous chemicals in the production process that be tax free were affecting the health of Chinese workers and causing environmental devastation 20 http://clothesforsmiles.uniqlo.com/en/ 6 http://www.economist.com/news/briefing/21646180- 21 http://www.fastretailing.com/eng/csr/report/pdf/csr2015_e. rising-chinese-wages-will-only-strengthen-asias-hold- pdf manufacturing-tightening-grip; http://www.bloomberg.com/ news/articles/2016-03-22/china-s-great-wage-boom-seen- 22 http://clothesforsmiles.uniqlo.com/en/project/detail3.html subsiding-with-unemployment-rising 23 http://www.uniqlo.com/en/csr/businesspartners/fwep/ 7 http://www.ilo.org/wcmsp5/groups/public/---asia/--- ro-bangkok/---sro-bangkok/documents/ publication/ 24 http://www.fastretailing.com/eng/csr/report/pdf/csr2014_e. wcms_325219.pdf pdf#page=001 8 http://www.aflcio.org/Issues/Trade/China/Labor-Rights-in- 25 http://www.fastretailing.com/eng/csr/report/pdf/ China csr2016_e_08.pdf#page=1&pagemode=thumbs&zoom=80 9 http://www.economist.com/news/briefing/21646180-rising- 26 http://www.fastretailing.com/eng/csr/report/pdf/ chinese-wages-will-only-strengthen-asias-hold-manufacturing- csr2016_e_08.pdf#page=1&pagemode=thumbs&zoom=80 tightening-grip 27 http://www.newsweek.com/green-2015/top-green- 10 http://maps.clb.org.hk/strikes/en companies-world-2015 11 http://www.fastretailing.com/eng/group/strategy/tactics.html 28 http://www.fastretailing.com/eng/csr/news/1501112030.html 12 http://www.fastretailing.com/eng/csr/ 29 https://www.fastretailing.com/eng/csr/report/pdf/csr2015_e. pdf 13 http://www.uniqlo.com/uk/corp/model/ 14 http://www.uniqlo.com/uk/corp/model/
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