1Precarious Work in the H&M Global Value Chain - Asia Floor Wage
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2 3 Asia Floor Wage Alliance (AFWA) was officially formed in 2006 and includes up to 71 organizations, which constitute a network from 17 countries across Asia, Europa and North America to represent garment industry trade unions, NGOs, consumer groups and research institutes. The Center for Alliance of Labor & Human Rights (CENTRAL) is a local Cambodian NGO. The organization empowers Cambodian working people to demand transparent and accountable governance for labor and human rights through legal aid and other appropriate means. SLD is a Delhi-based labour rights organisation, that believes in equitable development through social and economic well-being of labour, migrants, and women workers; and through cultural renewal among disenfranchised people. SLD is a national organisation that originated with a focus on the National Capital Region and works with partners in Uttar Pradesh, Bihar, Jharkhand, and Kerala. The National Centre for Development Cooperation, or CNCD-11.11.11, includes nearly 80 development NGOs, trade unions and associations engaged in continuing education for international solidarity in the French Community and Community of Belgium. The United Workers Congress (UWC) is a strategic alliance of workers that are either by law or by practice excluded from the right to organize in the United States. This national network represents a base of workers, and also regional networks and individual organizations in industries where there is no national network.
EXECUTIVE SUMMARY 4 5 On Thursday, December 10, 2015, 6000 garment H&M operates in 61 markets with 3,900 stores; workers in Phnom Penh, Kampong Speu and works with 900 suppliers representing 1,900 Kampong Som organized to protest employment factories; and employs more than 116,000 practices in global value chains headed by H&M employees across their global production and other key international retailers. Supported network. (ILO 2014; Donaldson 2016a). H&M by the Coalition of Cambodian Apparel Workers saw sales rise globally in 2015 and plans to open Democratic Union (CCAWDU), Cambodian workers 425 new stores in 2016 (Donaldson 2016b). sought fair wages and working conditions. In Brands like H&M wield the potential to transform India, garment workers from six factories that working conditions through their supply chains. produce for brands including H&M and Gap rallied Recognizing their responsibility to uphold human in solidarity. rights at work, H&M has set themselves apart from other brands by committing to ensure fair On May 4, 2016, these actions were joined by living wages, safe workplaces and accountability solidarity actions at H&M stores in 11 cities across for rights violations within their supply chains. the world. From diverse sites across the garment These commitments stake a powerful corrective global production network (GPN), workers and to high pressure sourcing models within the their allies called upon brands, including H&M, to garment global production network that create ensure their rights to earn a living wage, unionize overwhelming incentives for factories to reduce without dismissal and resist labour law changes costs and speed production by ignoring labour that undermine freedom of association, maintain standards. H&M store locations worldwide as of October 2015. Red indicates current countries and pink indicates poverty level minimum wages and facilitate planned expansion. flexible employment relations (Finster 2015). According to a 2013 statement by the then by Barthateslisa licensed under CC BY 2.0. global head of sustainability at H&M, Helena Helmersson, these measures will not impact the ground is never going to result in real change Shedding light on gaps in implementation of The growth of global consumer costs: “Wages are only one part of for H&M production workers. Instead, it serves H&M commitments, violations of international sourcing costs,” she explained. “We don’t think as a public relations facade to cover up systemic labour standards and challenges H&M may face production networks (GPNs) there will be any impact on prices” (Passariello abuse.” in upholding commitments to decent work, this within the garment industry 2013). report contributes new research collected through In recent years, the status of H&M’s commitments interviews with 251 workers in Cambodia and is an important source However, while projecting a public commitment to human rights at work has been the subject of India engaged in H&M supply chains. These recent of employment in many to sustainability, results of H&M initiatives are numerous studies by labour unions, human rights findings, collected between August and October countries. Jobs for workers yet to be seen—causing workers to question H&M’s commitment to decent work. As explained organizations and their allies—ranging from the Clean Clothes Campaign to Human Rights Watch. 2015, are situated in context of both previous studies on H&M supply chains in Cambodia at the base of the garment by Athit Kong, Vice President of the Coalition of H&M has actively engaged critiques, providing and India and the broader context of the global global value chain, however, Cambodian Apparel Workers Democratic Union detailed responses to documentation of rights production network. (C.CADWU): abuses in their supply chains. In the lead up to typically entail precarious the 105th Session of the International Labour This report contributes new employment relationships, “H&M’s PR rings hollow to workers who are Conference, focused for the first time on Decent research collected through struggling everyday to feed their families. A work in global supply chains, this report revisits low wages, excessive working sustainability model that is put forth and wholly the status of H&M’s commitments to decent work interviews with 251 workers hours and poor working controlled by H&M but is not founded on genuine through the lens of rights at work as they are in Cambodia in India engaged respect for organized workers and trade unions on protected under International Labour Organization conditions (Ghosh 2015). (ILO) conventions and other instruments. in H&M supply chains.
6 7 Section one provides a brief overview of global production networks in general and the garment Section three provides a brief overview of the market share of Asian garment value chains and Recommendations enforcement mechanisms and encourage national governments to do the same. global production network in particular. It outlines key shifts in employment relationships more focused country profiles on the Cambodian and Indian garment industries. These sections aim for the ILO at the The ILO Tripartite declaration of principles as production processes evolve to include several companies across multiple countries. This section to contextualize empirical findings on working conditions presented in the final section of the International Labour concerning multinational enterprises and social policy (MNE Declaration), 2006 provides a also traces the concentration and distribution of control over production processes across various report. This context is particularly significant since H&M sources roughly 80% of its products from Conference, 2016 good starting point. However, within the MNE Declaration, MNE refers only to subsidiaries or actors in the garment global production network. Asia (Donaldson 2016a). franchises. Accordingly, GVCs and GPNs in their As detailed in this report on the garment global current form are not covered by this Declaration. production network (GPN), due to the scale of Section two reviews H&M’s public commitments Section four discusses, in detail, the intensive The need of the hour is for the ILO to clarify and global trade accounted for by GVCs, there is an to promoting decent work in their supply chains, labour exploitation and abuse faced by workers update its standards and mechanisms to protect urgent need for global mechanisms to monitor including: the H&M Roadmap to a Fair Living in H&M supply chains in Cambodia and India. workers employed by transnational corporations and regulate GVCs and GPNs. The ILO—the only Wage; Model Factory Programme; production Recent empirical findings are supplemented with (TNCs) across vast GPNs. global tripartite institution—has a unique role to unit disclosure; partnerships with the ILO; and the evidence of rights violations drawn from existing play in setting standards for all of the actors that Accord on Fire and Building Safety in Bangladesh. studies. In this section the human rights violations The following recommendations emerge from impact fundamental principles and rights at work. Where possible, it includes discussions and and consequences of precarious work in the H&M our experience promoting rights at work in global research on the efficacy of these initiatives to date. supply chain are articulated thematically in order to surface the pattern of rights violations across The ILO—the only global value chains. Cambodia and India. tripartite institution—has a 1. Given the well-documented and rampant exploitation of workers and resources by MNEs H&M protest on global day of action, Times Square, New York, 2016 unique role to play in setting operating through GVCs, and noting the limits on by Sara Ziff licensed under CC by 2.0 standards for all of the actors regulation under national legal regimes, the ILO should move towards a binding legal convention that impact fundamental regulating GVCs. principles and rights at work. 1.1. Standards under this convention must be at least as effective and comprehensive TNCs and their suppliers have a duty to as the UN Guiding Principle on Business and obey national laws and respect international Human Rights and existing OECD mechanisms, standards—especially those pertaining to including the 2011 OECD Guidelines for realization of the fundamental principles Multinational Enterprises. and rights at work. A number of ILO core 1.2. The Convention should include the labor standards, such as the Forced Labour following components, among others: Convention, 1930 (No. 29), Protocol to the Forced 1.2.1. Imposition of liability and sustainable Labour Convention, 2014 and accompanying contracting, capitalization and/or other Recommendation, already protect workers requirements on lead firms to ensure in value chains. However, as this report accountability throughout the GVC. details, changes in the modern workplace and 1.2.2. Establishment of a Global Labour globalization of value chains has opened up new Inspectorate with monitoring and gaps in the protection of fundamental principles enforcement powers. and rights at work. In addition to clarifying the 1.2.3. Publicly accessible transparency and application of existing standards in global value traceability provisions. chains, the ILO should set new standards and 1.2.4. Specific provisions that address the
8 9 ACKNOWLEDGMENTS vulnerability of migrant workers on GVCs. research should aim to satisfy basic needs This report is one in of a series of reports, This report was edited by Anannya Bhattacharjee. 1.2.5. Specific provisions that address the of workers and their families. entitled Workers Voices from the Global Supply Recommendations for the ILO at the International vulnerability of women workers on GVCs. 4.1.3. Access to fundamental rights to food, Chain: A Report to the ILO 2016. Investigation Labour Conference, 2016 were formulated by a 1.2.6. Limits on the use of temporary, housing, and education for all categories of of production conditions in H&M factories in group of organizations, including the international outsourced, self-employed, or other forms value chain workers and their families. Cambodia and India was coordinated by the Asia Floor Wage Alliance, Jobs with Justice (USA), of contract labor that limit employer 4.2. Research into the range of global actors Society for Labour and Development (SLD). National Guestworkers Alliance (USA), and Society liability for worker protections. that may have leverage over GVCs including for Labour and Development (India). investors, hedge funds, pension funds and GVC Desk research and writing was completed by 2. Pursue a Recommendation on human rights networks that define industry standards such as Shikha Silliman Bhattacharjee, JD. Data analysis We extend gratitude to the workers who shared due diligence that takes into account and builds Free on Board (FOB) prices. was conducted by Ananya Basu and Vismay their time, experience and materials for the upon existing due diligence provisions that 4.3. Research into the technical advice needed Basu. Primary data collection was undertaken purpose of this study. are evolving under the United Nations Guiding by OECD government participants taking a by Joel Preston, Phnom Penh based CENTRAL, in Principles on Business and Human Rights and multi-stakeholder approach to address risks of Cambodia; and Vismay Basu, Delhi-NCR based the 2011 OECD Guidelines for Multinational adverse impacts associated with products. Society for Labour and Development (SLD) in Enterprises. 4.4. Research into mechanisms deployed India. 3. Take the following complementary measures by authoritative actors within GVCs that to protect workers employed in global value contribute to violations of fundamental chains: 3.1. Recognize the right to living wage as a principles and rights at work, including but not limited to attacks on freedom of association, FIGURES human right and establish living wage criteria collective bargaining, forced overtime, wage and mechanisms. theft and forced labour. Figure 1: Segment-based model of the garment global value chain 3.2. Promote sector-based and transnational 4.5. Since women represent the greatest Figure 2: H&M roadmap towards a fair living wage collective bargaining and urge countries to majority of garment workers, the situation Figure 3: Basic needs included in Asia Floor Wage calculations remove national legal barriers to these forms of of women should be urgently included in Figure 4: Asia Floor Wage calculations consider financial dependents and corresponding collective action. monitoring programmes to assess the spectrum responsibility of workers 3.3. Expand work towards the elimination of their clinical, social and personal risks. Figure 5: Progressive increase in Cambodian minimum wages, 2011-2015 of forced labour, including promoting 4.6. Require an urgent, epidemiological study ratification and implementation of the Forced into deaths and disabilities resulting from Labour Convention, 1930 (No. 29), Protocol conditions of work and life of garment workers. to the Forced Labour Convention 1930 and This information should be made available accompanying Recommendation, 2014. publicly and to international agencies. 3.4. Continue programs to ensure social 5. Organize a Tripartite Conference on the protection, fair wages and health and safety at adverse impact of contracting and purchasing every level of GVCs. practices upon migrant workers rights. This 4. Convene research to inform ILO global conference should focus on: supply chain programming, including: 5.1. Protection of migrant rights as conferred 4.1. Research on adverse impacts of TNC under the UN International Convention on the purchasing practices upon Protection of the Rights of all Migrant Workers 4.1.1. Core labour standards for all and Members of their Families. categories of workers across value chains. 5.2. The intersection of migrant rights and ILO 4.1.2. Wages and benefits with for all initiatives to promote Decent Work in Global categories of value chain workers. This Supply Chains.
ABBREVIATIONS AND ACRONYMS 10 11 METHODOLOGY AFWA Asia Floor Wage Alliance AFWA-C Asia Floor Wage Cambodia CCAWDU Coalition of Cambodian Apparel Workers Democratic Union CCC Clean Clothes Campaign CENTRAL Center for Alliance of Labor and Human Rights GMAC Garment Manufacturers Association in Cambodia HRW Human Rights Watch ILC International Labour Conference ILO International Labour Organization ILRF International Labour Rights Forum MLVT Ministry of Labour and Vocational Training NCEUS National Commission on Enterprises in the Unorganized Sector This report is based upon 251 structured interviews conducted between August and October 2015 with garment workers in Phnom Penh, Cambodia and the Delhi, National Capital Region (NCR), India NCR National Capital Region This report is based upon 251 structured in the Delhi-NCR, India. Selection of factory units SLD Society for Labour and Development interviews conducted between August and aimed to include factories with a variety of ratings October 2015 with garment workers in Phnom under the H&M rating system on labour and TATA Textiles and Apparel Trade Agreement Penh, Cambodia and the Delhi, National Capital environmental issues—including platinum, gold, Region (NCR), India. Interviews were conducted silver and other. TCLF Textile, Clothing, Leather and Footwear by the Phnom Penh based Center for Alliance of Labor and Human Rights (CENTRAL) in Cambodia Interviews lasted between 75 and 90 minutes. All USAS United Students Against Sweatshops and the Delhi-based Society for Labour and worker interviews were conducted in person with Development (SLD) in India. full consent from workers. In order to protect the WRC Worker Rights Consortium identity of workers who participated in this study, Empirical findings on working conditions in all individual names have been changed. H&M factories are based upon data collection To ensure that workers cannot be identified based and analysis of working conditions in 17 H&M upon identifying case information, factories are supplier factories, including 12 supplier factories referenced by company name but locations of in Phnom Penh Cambodia and 5 supplier factories particular production units have been removed.
12 13 Analysis of structured interviews aimed to identify H&M Number of Supplier violations of rights at work protected under rating respondents International Labour Organization standards, Hung Wah (Cambodia) Silver 15 national laws and the H&M Code of Conduct. International Manufacturing Ltd. NEX-T Apparel Co. Ltd. Silver 17 These findings have been situated in context Benoh Apparel Silver 10 of the global garment production networks Roo Hsing Garment Other 20 and previous research on H&M supply chains. Secondary sources included reports on production Total: 201 conditions in the garment industry, academic Table 1: Overview of study respondents in Phnom articles and newspaper reports. Penh, Cambodia Cambodia India In Cambodia, research included investigation of In India, research included investigation of working conditions in 12 H&M supplier companies working conditions in four H&M supplier (Table 1). In order to protect the identity of companies (Table 2). In order to protect the workers interviewed for this study, names of identity of workers interviewed for this study, the particular production units have been withheld. names of particular production units have been In total, we interviewed 201 workers engaged in withheld. producing H&M garments within Phnom Penh, Cambodia and surrounding areas. In total, we interviewed 50 workers engaged in producing H&M garments within the Delhi, National Capital Region (NCR). H&M Number of Supplier rating respondents H&M Number of Eastex Garment Co. Ltd. Platinum 20 Supplier rating respondents Fu Ling Computer Platinum 20 Embroidery Co. Ltd. Shahi Export Pvt. Ltd. Gold 19 Seduno Investment Platinum 20 Maharani of India Silver 14 Cambo Fashion Co. Ltd. Jak Group Other 7 Vanco Industrial Co. Ltd. Gold 19 Orion Conmerx other 10 Berry Apparel Cambodia Platinum 19 Total : 50 Co. Ltd. M&V (Cambodia) Gold 15 Table 2: Overview of study respondents in Delhi- International NCR, India Manufacturing Ltd. Perfect Growth Private Gold 15 Tak Son Cambodia Gold 10 (Laundry) Interviews with workers were conducted at worker housing colonies such as this one in Gurgaon, India. by Society for Labour and Development
16 17 This section aims to situate new empirical goods and services are traded in fragmented and findings on working conditions in H&M factories internationally dispersed production processes. in Cambodia and India within the broader GVCs are typically coordinated by TNCs, with context of global production networks in general cross-border trade of inputs and outputs and the garment global production network taking place within their networks of affiliates, in particular. This basic overview outlines key contractual partners and arm’s-length suppliers. shifts in employment relationships as production TNC-coordinated GVCs account for some 80 per processes evolve to include several companies cent of global trade. (UNCTAD 2013) across multiple countries. It also identifies trends in concentration and distribution of control over As described by UNCTAD, GPNs shift market production processes across various actors in the relationships between firms from trade garment global production network. relationships to quasi-production relationships without the risks of ownership. Within this model, TNCs drive coordinated production of goods while disbursing risk associated with market fluctuations Part 1 Global production across global value chains. networks Garment global Global garment production The Global Production Network (GPN) is a production networks term that describes contemporary production systems, characterized by production processes As described by the International Labour that involve several companies across multiple Organization (ILO), the Textile, Clothing, countries. Companies linked through GPNs Leather and Footwear (TCLF) is characterized are related through various legal forms, with by geographically dispersed production and exchanges between firms structured so that rapid market-driven changes (ILO 2016). Brands transnational corporations (TNCs) do not legally engage in high value market research, design, own overseas subsidiaries or franchisees but sales, marketing and financial services. They only outsource production to them. The UNCTAD typically outsource garment production to Tier World Investment Report 2013 notes the structure 1 companies. Tier 1 companies may, in turn, and prevalence of this mode of production: subcontract some or all of the garment production process to manufacturing companies known as Today’s global economy is characterized by suppliers. This production structure allows brands global value chains (GVCs), in which intermediate and retailers to drive coordinated production of goods by capitalizing upon new technology, TNC-coordinated GVCs relaxed regulatory frameworks and a supply of low wage labour in developing countries (Ghosh account for some 80 per cent 2015). While brands and retailers do not carry out of global trade. (UNCTAD production, they drive sourcing and production patterns overseas. This production model has 2013)
18 19 been characterized as a buyer-driven value Brands typically draw a distinction between chain (Barria 2014). According to this model, the their liability for authorized and unauthorized structure of garment value chains can be divided subcontracts. Unauthorized subcontractors into five main segments: may also be unregistered and therefore outside the purview of government regulation. Segment 1: raw material supply, including natural Due to diminished government and brand and synthetic fibers; accountability—especially among unregistered Segment 2: component supply, including yarn and suppliers, working conditions among garment fabrics; subcontractors have been found to deteriorate Segment 3: production networks, including (Kashyap 2015). Within this structure, employers domestic and overseas subcontractors; and workers engaged in assembly operations, Segment 4: export channels established by trade including primary stitching and embellishment, intermediaries; have comparatively little negotiating power Segment 5: marketing networks at the retail level. (Ghosh 2015). (Ghosh 2015) Firms that control design, branding and marketing Rise in employment of (segment 5) also control sourcing decisions. contract workers has Production costs are one significant factor in determining sourcing preferences. Decisions been attributed to buyer regarding how value addition activities and profits purchasing practices: Wages paid to Indian garment workers leave them no choice but to live in impoverished areas at the are distributed along the value chain, in turn, have downward pressure on outskirts of production hubs. a significant impact upon employers, workers and markets in producing countries. Profit generation the prices paid to suppliers by Society for Labour and Development Industrial uncertainty caused by capitalizing upon price differentials between combined with increasingly the onset of the global financial crisis in 2007- markets has been referred to as “global labour 2008. Rise in employment of contract workers has by buyer purchasing practices unpredictable and extreme arbitrage”(Roach 2004). been attributed to buyer purchasing practices: is displaced upon workers seasonal variation in downward pressure on the prices paid to suppliers Assembly (segment 3) is typically separated combined with increasingly unpredictable through flexible job contracts, production, together, require organizationally and geographically from other and extreme seasonal variation in production, employment fluctuations value generating aspects of the value chain. garment suppliers to reduce together, require garment suppliers to reduce and downward pressure on Product suppliers and their workers (segment 3) production costs. production costs. Contract workers cost less to depend upon orders from marketing networks, employ per unit because they often receive lower wages. firms and brands (segment 5). Tier 1 companies wages and rarely receive non-wage benefits, holding primary contracts with brands often Since 2010, garment brand and retail members including paid leave and social security benefits. Due to the structure of garment value chains, subcontract production to smaller suppliers. At of the UK Ethical Trading Initiative (ETI) have These terms of employment leave contract workers bear the brunt of global uncertainties this level of the value chain, tier 1 companies reported an increasing reliance on contract labour workers particularly vulnerable to exploitation, within the industry. Industrial uncertainty caused compete for contracts with buyers. In a parallel within garment value chains, marked by a growth with poorer working conditions and a higher by buyer purchasing practices is displaced upon process, subcontractors compete for contracts in the proportion the workforce that consists of risk of serious abuse when compared to directly workers through the use of flexible job contracts, with tier 1 companies (Ghosh 2015). contract workers. Contract work is particularly employed workers (Chan 2013). unemployment due to fluctuations in production widespread in Bangladesh, India, Pakistan and and downward pressure on wages. Obstacles to Turkey. These trends have been associated with freedom of association and collective bargaining further undermine workers’ negotiation power.
20 21 Brand and retail codes of conduct establishing apply to factories that are owned by suppliers and social and environmental principles have factories that receive subcontracts from suppliers. developed in response to anti-sweatshop and consumer-driven accountability movements in According to H&M policies on monitoring and Europe and the United States. In some cases, grading, new partners are required to comply with these codes of conduct have been developed the minimum requirements of the Sustainability through multi-stakeholder initiatives, including Commitment from the outset. They must also corporate, non-governmental organization, trade demonstrate the necessary willingness to work union, state and academic representatives (Barria towards full compliance. When assessing a new 2014). partner, H&M policies require detailed training in the Sustainability Commitment, compliance H&M has explicitly recognized the need to screening and in-depth audits. improve working conditions in their supply chains. Their public commitment to promoting decent The Sustainability Commitment is discussed in work has been announced in a range of initiatives, further detail in Section four of this report in including: the H&M Roadmap to a Fair Living context of working conditions documented in Wage; Model Factory Programme; production unit factories producing for H&M (H&M 2016C). Part 2 disclosure; partnerships with the ILO and other industry stakeholders; and the Accord on Fire and Building Safety in Bangladesh [hereinafter, “Accord”]. While codes of conduct and other Roadmap to a fair living wage measures described in this report constitute Overview of H&M initiatives to promote declarations of intent, with the exception of the Accord, they do not generate binding legal Articulating a powerful narrative about fairness decent work obligations. and respect, H&M has made commitments to This section reviews H&M’s public commitments ensure that a fair living wage is possible for to promoting decent work in their supply chains. workers in their supply chains. H&M launched Where possible, it includes discussions and their roadmap to a fair living wage in 2013, research on the efficacy of these initiatives to committing to pay 850,000 textile workers a fair date. living wage by 2018. H&M explains their vision of a fair living wage in the following terms: It has always been our vision that all textile Sustainability workers should be able to live on their wage. We are focusing on our strategic suppliers to start Commitment with. Our goal is that all of them should have improved pay structures for fair living wages in The H&M sourcing strategy commits to only allow place by 2018. (H&M 2016a) production for H&M to take place with suppliers and in factories that sign the H&M Sustainability The H&M roadmap towards a fair living wage Commitment that outlines a code of conduct for considers the role of H&M together with the suppliers. According to H&M, these standards roles of other supply chain actors in achieving a
22 23 living wage. This strategy aims to address H&M H&M´s roadmap towards a fair living wage in the textile industry buying practices, provide training for workers to encourage workplace representation, call upon governments to adopt better minimum wage H&M has developed a roadmap based on our vision that a fair H&M will continuously measure the workers own perception of living wage covering workers basic needs should be paid by our receiving a wage covering their basic needs, which will be used setting processes and work with suppliers to set commercial goods suppliers. It should be enabled through our as a guide in our work. The holistic approach covering H&M as up improved pay systems. purchasing practices, and based on a skilled workforce that well as factory owners, factory employees and governments have their wages negotiated and annually reviewed, involving democratically elected trade unions or worker representatives. takes the wage issue to the next level within the fashion indu - stry, encouraging others to do the same. Vision The term fair living wage references and combines two distinct wage standards: a living wage A Fair Living Wage, covering standard and a fair wage standard. A living wage workers basic needs, should be is protected under Article 23.3 of the Universal Factory owners paid by all our commercial goods Declaration of Human Rights and defined as a suppliers wage on which a worker and her family can live H&M will support factory owners to develop with dignity. pay structures that enables a fair living wage, ensure correct compensation and overtime within legal limits. This will be Factory employees While the term living wage refers to the amount that allows a family to live with dignity, the term explored by implementing the Fair Wage fair wage refers to wage system within a factory. Method in our role model factories, from which we will source 100% of the products H&M will support textile workers at our supplier As defined by the Fair Wage Network, fair wages during five years. factories to have access to education, skill enhancement and ensuring they are employed entail three conditions: (1) compliance with • By 2014, we will implement the Fair Wage at a level matching their skills. They should also national wage regulations, including minimum Method in three model factories (one in be able to bargain collectively through elected wage standards, regular payment, overtime Cambodia and two in Bangladesh) with a representatives. payments, provision of paid holidays and social first evaluation already next summer, with the aim to be scaled up. • Starting now, we will run vocational training, insurance; (2) proper wage structures within a a Center of Excellence, together with SIDA and company, including appropriate wages for skill • H&M´s strategic suppliers the ILO to meet this need. We will train 5,000 students by 2016 and secure that they start at level and individual and collective performance; should have pay structures in place to pay a fair living wage by a wage level reflecting their skills and that they and removal of gender pay gaps; and (3) 2018. By then, this will reach around are aware of their own rights and responsi- structures that facilitate collective bargaining 850 000 textile workers. Our strategic bilities. (McMullen 2016; FWN 2016). suppliers are currently 750 factory units producing around 60 % of our products. • We´ve started a skill development training and will secure employment for 100 supervisors With a name that integrates these standards— Governments through our Production Management Program in Cambodia. without, however, referencing the fair wage H&M • We are implementing an industrial relation paradigm—H&M uses the following definition of a H&M will encourage governments to project in Cambodia in cooperation with fair living wage: H&M will further improve our purchasing • Improve our purchasing plans to engage in a process to identify a living Swedish trade union IF Metall, SIDA and ILO. practices to ensure it enables our suppliers reduce our suppliers’ production peaks wage level, set a legal minimum wage The aim is to strengthen the structures for A fair living wage should at the very least cover to pay their textile workers for the true cost of and enable them to better prepare the accordingly and review wages annually industrial relations in the country and increase thereafter. collective bargaining. the worker and their family’s basic needs and labor. Starting 2014 we will: right capacity in their factories. a discretionary income. This wage should • Develop our price method to ensure the • Update our Code of Conduct to better • We will continue to interact with govern- • By 2014, we will expand our existing social be reviewed annually and negotiated with true cost of labor. By doing this we secure reflect our roadmap and goals. ments and public agencies to advocate for dialogue project so that 15% of H&M´s supp- annual wage revision and enforce labour liers are trained in social dialogue and have democratically elected trade unions. (H&M that we pay a price which enables our supp- liers to pay their textile workers a fair living legislation protecting the freedom of associ- freely elected Workers Participants Commit- 2016a) wage and reduce overtime. ation. We will encourage others to do the tees, with the intention to reach 100% by 2018. With regard to assessing basic needs, H&M Figure 2: H&M roadmap towards a fair living wage
24 25 Figure 4: Asia Floor Wage calculations consider financial dependents and corresponding responsibility of workers calculations on the following considerations: the AFWA carries out regular and ongoing food • basket research (AFWA 2016a). Figure 3: Basic needs included in Asia Floor Wage calculations • A worker needs to support themselves and two other consumption units. [One Accounting for high inflation, Asia Floor Wage includes the following parameters: “food, determining living wage rates (AFW-Cambodia). consumption unit supports either one adult or figures are calculated annually. As explained by accommodation, health, education, clothing two children.] (Figure 3) AFWA Coordinator, Anannya Bhattacharjee: and vacation/leisure. This limited list, however, Filling this conceptual gap, the Asia Floor Wage • An adult requires 3000 calories a day in order does not include family care, transporation and Alliance (AFWA), a global coalition of trade unions, to carry out physically demanding work in The gap between the minimum wage and the discretionary income (CCC 2014).” On the basis workers rights and human rights organizations, good health. cost of living has widened in recent years. High of this criteria, H&M reports working closely expands upon this definition and provides a • Within Asia, food costs amount for half of a inflation has sent the cost of living soaring in with two factories in Bangladesh and one in detailed formula for calculating living wages worker’s monthly expenditure. many Asian countries, but starting salaries remain Cambodia to poll workers and understand their across national contexts. The AFWA definition of a unchanged—often for several years. wage needs. As of March 2015, H&M claimed living wage specifies that living wage calculations Based upon these assumptions, the Asia Floor (Pasariello 2013) that the average wage in their Cambodian pilot must include support for all family members, basic Wage is calculated in Purchasing Power Parity $ programmed reached USD 216 per month before nutritional needs of a worker and other basic (PPP$). This fictitious World Bank currency is built AFW annual wage figures are therefore calculated overtime. H&M refused however to disclose needs, including housing, healthcare, education upon consumption of goods and services, allowing annually based upon up to date national food the name of the factory. Although H&M aims to and some basic savings. standard of living between countries to be basket research. For instance, the 2015 Asia Floor roll out this method to all other suppliers, they compared regardless of the national currency. In Wage figure is PPP$ 1021. These wage figures are have not released a formula or methodology for The Asia Floor Wage Alliance bases their order to calculate annual Asia Floor Wage figures, then converted into local currency (Table 3)(AFWA 2016b).
26 27 Table 3: 2015 Asia Floor Wage Figure in local currencies Model factory Outcomes of the Model chains calls into question the scalability of any fair wage models developed with the model factory Factory Programme are Country Asia Floor Wage in local Programmes impossible to verify since programme (CCC 2016b). currency H&M has announced living wage pilot H&M has refused to disclose Production unit Cambodia 1,630,045 Riel India 18,727 Rupees (INR) programmes in three role model factories—two in Bangladesh and one in Cambodia. H&M claims the names of model factories. Indonesia Sri Lanka 4,684,570 Rupiah 48,608 Rupees (SLR) that these pilot programs are testing a fair wage method, which includes encouraging workplace According to H&M reports, the pilot programs disclosure negotiation and developing a wage structure in Bangladesh and Cambodia have had positive H&M started public disclosing suppliers in 2013 that rewards skill, seniority and performance. outcomes. Early data released by H&M reported The AFW wage calculation method provides an and updates supplier lists annually. In 2014, H&M H&M reports that these practices are increasing that overtime in the Cambodian factory was instructive model for H&M and other brands in expanded their supplier lists to include factories productivity within supplier factories. H&M also reduced to 34 hours a month, take home pay setting living wages that correspond to workers that are approved to perform subcontracted or reports that they are changing their approach has increased and workers satisfaction with pay needs and consider rising costs of living. designated outsourced work (Donaldson 2015). to negotiating prices with suppliers to ensure systems has also increased 94% (H&M 2015a). Lists of suppliers and designated subcontractors negotiations do not have a negative impact upon are available on the H&M website. wages (McMullen 2016). These outcomes, however, are impossible to verify since H&M has refused to disclose either According to an April 2014 letter from H&M to the names of model factories in Bangladesh and ROLE MODEL FACTORY Reduced over time hours Reduced overtime helps improve productivity while maintai- Workers wage interviews Yearly workers interviews to understand to what extent wages Cambodia or the methodology for determining Human Rights Watch, within Cambodia, H&M Leadership in sustainability goes well together with good performance in other areas, our role model ning/increasing the take home are covering rent, food, clothes, has distributed a translated copy of its suppliers’ wages. H&M has maintained the secrecy of factories are a proof of this. In our model factories, we will identify best practice examples to scale up wage (i.e. same/higher wage for medical, education and discretiona- to other factories and hopefully inspire the whole industry. H&M will buy 100% of the role model fewer hours). ry income. factories’ capacity for a five-year period. list to local unions and labour rights groups to these facilities despite numerous requests for The workers own perception serves as wage benchmark on the progress encourage whistleblowing in cases of abusive towards fair living wages. information from Asia Floor Wage Alliance (AFWA) labour practices (Kashyap 2015). Wage negotiations and pay systems Workers needs survey Individually and collectively negotiated wages between employer and freely elected workers participating committees. Workers’ immediated needs are surveyed through supplier and Clean Clothes Campaign (CCC) partners— global coalitions of trade unions, workers rights Skills evaluation programs, such as transport- Negotiations based on skills and experience ation, nutrition, health, water, Individual evaluation of skills Public disclosure of suppliers provides a step while rewarding performance. sanitation, hygiene. ensuring accurate wage category. and human rights organizations engaged in 30 25 20 15 A wage progress that is in proportion to 10 Individual job assignment reflecting 5 toward accountability by allowing labour rights 0 inflation, suppliers profit and growth. the workers’ skills. Workers with a good knowledge about promoting decent work in garment global supply groups, the government and other parties to their wage entitlements and the minimum wage level. chains. Sustainability and human resources organization monitor labour rights in their direct supplier and Well-functioning internal subcontractor factories. In addition to complete lack of transparency, the organization with clear roles and responsibilities, commit- ted to the role model factory Model Factory Programme has been critiqued on program. Reduced carbon footprint the grounds that it is unlikely to scale well to the Partnership projects Employment contract and Continuously increase share of wage payment low carbon and renewable energy. Individual employment contracts, specifying condi- rest of the H&M production network. H&M model tions for employment. Wages paid regularly and factory programs have allegedly been launched in factories where H&M owns 100% of the output. in full with a detailed pay slip. Equal wage for equal work and overtime hours are H&M has signed partnership agreements with correctly compensated. This type of direct production relationship is Good water quality The minimum wage level the International Labour Organization (ILO) and Appropriate waste water treatment is the floor. uncommon both within the H&M production a range of sustainability initiatives and brands. meeting BSR waste water quality standard. Continuously increase water recycling network and the global garment industry where rate. Resource efficient wet processes Chemical management Increased use of sustainable materials These partnerships uniquely position H&M to The factory’s own sourced mills comply Resource efficient dying and washing, Full chemical inventory is kept and usage of The factory should be certified to manu- Tier 1 companies and suppliers typically produce develop models that promote decent work across applying innovative techniques for best chemicals meets H&M chemical restrictions facture with sustainable materials and able with BSR waste water quality standard. to trace sustainable materials to fibre level. practice on energy, water and chemical use. and requirements. for multiple brands—often simultaneously. This supply chain contexts and play a role in setting System to manage environmental perfor- Continuously substitute to better chemical mance data such as energy, water, chemicals solutions. discrepancy between the context of model factory and waste. Disclosure of chemical discharge to ensure zero discharge of hazardous chemicals. industry standards. programs and the reality of garment supply
28 29 The most recent H&M-ILO partnership, initiated in September 2014, aims to promote sustainable • • Transparency International Sweden Circular Economy 100 Accord on Fire and retailers to require their factories to undergo essential safety renovation, provide financial global supply chains in the garment industry. Target areas for intervention include joint Building Safety in assistance to factories to conduct renovations as needed and stop doing business with factories While the H&M website initiatives on industrial relations and wages; training and skill development in factories H&M presents a long list of Bangladesh that fail to undertake renovations according to deadlines established by the Accord’s sources from; and initiatives to strengthen independent inspectorate. Accord inspections employers’ and workers’ organizations in the collaborative partnerships On April 24, 2013, the Rana Plaza, an eight-story are undertaken by qualified safety engineers with commercial building, collapsed in Savar sub- global garment industry. This new partnership and research turns district in the Greater Area of Dhaka, Bangladesh. in-depth expertise in fire, building and electrical builds upon previous cooperation between the safety. To date, more than 200 brands have joined ILO and H&M in 2005 when H&M joined the ILO out numerous press The Rana Plaza industrial factory fire that the programme. Better Factories Programme (BFC) In Cambodia— announcements of declared killed 1,139 workers and injured 2,500 more is considered the most serious fatal accident to have now mandatory for all Cambodian garment partnerships, action taken occurred in a textile factory in modern history. Due to failed compliance with manufacturers. H&M has also collaborated with the ILO to introduce training and skill under these collaborations is Following the devastating collapse of Rana the Accord, 78,842 garment Plaza, H&M was the first and largest buyer to development programmes in Bangladesh and has not easily available. sign the 2013 Accord on Fire and Building Safety workers in Bangladesh joined the ILO Better Work Programme which expands the BFC Cambodia Programme to cover However, while the H&M website presents a long in Bangladesh. The Accord is a legally-binding continue to produce garments Vietnam, Jordan and Lesotho (ILO 2016). list of collaborative partnerships and research agreement that commits signatory brands and for H&M in buildings without H&M is also aligned with a range of sustainability turns out numerous press announcements of declared partnerships, action taken under these Victims trapped by rubble of Rana Plaza fire exits. by 13maggio 2013 licensed under CC by 2.0 initiatives with varied compositions, including collaborations is not easily available (H&M 2016b). brands, trade unions and non-governmental Cambodia was, however, chosen as the first organizations. These include: country in which to start the ACT Process. This process initiated by IndustriALL aims to develop • Ethical Trading Initiative (ETI) industry-wide collective bargaining in Cambodia • Sustainable Development Goals Fund and other garment-producing countries, backed • Business Call to Action by reformed purchasing practices among brands • Sida and Swedish Leadership for to ensure that higher wages can be paid. In Sustainable Development September 2015, the ACT delegation, consisting • Solidaridad of IndustriALL and representatives from brands • World Wildlife Fund (WWF) including H&M, Inditex, Primark and C&A • UN Global Compact (UNGC) explained the process in a series of meetings with • Sustainable Apparel Coalition (SAC) suppliers, garment unions, the Labour Ministry • Better Cotton Initiative and the Ministry of Commerce and the garment • Fair Wage Network manufacturers association of Cambodia (GMAC). • Business for Social Responsibility (BSR) At the time of writing, no concrete outcomes had • Buyers Forum Bangladesh been realized under this process (AFW-Cambodia). • Brands Ethical Working Group India • CEO Water Mandate • Leather Working Group • Clean Shipping Group
30 31 Although H&M was not producing at Rana Plaza during the disaster, they continue to make clothing in Bangladesh. H&M is currently one of the biggest apparel buyers in Bangladesh, taking in roughly USD 5 billion in garment goods each year (Donaldson 2016a). While H&M was the first signatory of the remedial accord, the gesture to date has proved largely symbolic. According to a September 2015 report by Clean Clothes Campaign (CCC), International Labour Rights Forum (ILRF) and Worker Rights Consortium (WRC), H&M is far behind in completing the required fixes. Focusing on the subset of contract factories that H&M has deemed the best performers in its supply chain on labour and environmental issues, the report shows that all of these factories have failed to meet mandated timeframes for repairs and the majority of all renovations have still not been completed despite lapsed deadlines. Required renovations range from designating clear fire exits to installing fire-grade doors that do not automatically lock workers into burning factories. Due to failed compliance with the Accord, as of 2015, 78,842 garment workers in Bangladesh continued to produce garments for H&M in buildings that did not have fire exits (CCC 2015). Thousands of garment workers and their unions rally on the one-year anniversary of the Rana Plaza collapse that killed more than 1,100 garment workers. licensed by the Solidarity Center under CC 2.0
32 33 2000 2003 2008 2013 TOTAL (in billion 197.64 233.23 363.87 460.27 US$) China 18.25 22.32 33.09 38.55 Bangladesh 2.56 2.42 3.21 5.11 Hong Kong, China 12.25 9.93 7.67 4.77 Viet Nam 0.92 1.49 2.40 3.74 India 3.02 2.71 3.01 3.66 Indonesia 2.40 1.74 1.73 1.67 Cambodia 0.49 0.69 0.83 1.11 Malasia 1.14 0.88 1.00 1.00 Pakistan 1.08 1.16 1.07 0.99 Srilanka 1.42 1.08 0.94 0.98 Export Share of top 43.54 44.41 54.95 61.57 Part 3 10 Asians Export Value of top 86.06 103.59 199.94 283.38 10 Asians Table 3: Asian countries’ share of global apparel exports, 2000-2013 Globally, Asia tops apparel exports worldwide. In than in China, Chinese firms retain a competitive Asian garment value chains 2013, more than 60% of the 460.27 billion dollars in global apparel exports originated from 10 Asian advantage in the non-labour components of their costs (Ghosh 2015). countries, including—in order of market share: China, Bangladesh, Hong Kong, Viet Nam, India, Due to a range of factors—including poor Indonesia, Cambodia, Malaysia, Pakistan and Sri capacity, limited resources, infrastructural needs Lanka (Table 3). and, in some cases, adverse disposition towards protective labour standards—national labour Concentration of garment production in Asia can standards in producing countries remains weak. be attributed to a range of factors. Low wages, Proclivity toward driving down labour standards, government policies, trade practices, transaction furthermore, is often linked to dominant time, currency appreciation and infrastructure global policy frameworks that prescribe labour availability all influence the location of global deregulation as a prerequisite to attracting production network activities. For instance, China investment capital (Ghosh 2015). has systematically leveraged economies of scale through major investment in the infrastructure The following sections provide an overview of of supply-chain cities. These global supply chain garment value chains in Cambodia and India. hubs lower transportation costs and increase the These country-level overviews provide basic rate at which goods enter the market. Accordingly, information on market structure and workforce although labour costs are much lower in India demographics.
34 35 The US, EU, Canada and Japan are the largest province. In these areas, factories vary in size and importers of Cambodian garments, textiles and operations, ranging from export licensed factories shoes (Kashyap 2015). At the time of writing, top with up to 8,000 workers to small, unmarked brands sourcing from Cambodia include H&M, factories employing fewer than 100 workers. GAP, Levi Strauss & Co., Adidas and Target (CCC These smaller factories largely fill subcontracts 2016a). for larger suppliers. Outsourcing of production to smaller factories may be either authorized or The Cambodian garment industry is largely unauthorized by apparel brands (Kashyap 2015). foreign-owned, with Cambodians owning less than 10% of factories (Kashyap 2015). An Women between the ages of 18 estimated 85% of garment factories located in Cambodia are foreign controlled, predominantly and 35 dominate the Cambodian by investors from China, Hong Kong, Malaysia, garment production sector, Singapore, South Korea and Taiwan (Kashyap comprising an estimated 2015; CCC 2016). Foreign owned companies have kept the production processes within Cambodia 90-95% of the industry’s limited. The majority of factories undertake “cut- estimated 700,000 workers. make-trim” production functions—manufacturing clothes from imported textiles based upon designs Women between the ages of 18 and 35 dominate provided by international buyers. This exclusive the Cambodian garment production sector, focus on producing garments circumscribes the comprising an estimated 90-95% of the industry’s range of employment available to firms and estimated 700,000 workers (Barria 2014; Kashyap workers in Cambodia (Ghosh 2015). 2015). These numbers do not, however, include Women dominate the Cambodian garment production sector, comprising an estimated 90-92% of the women engaged in seasonal, home-based industry’s 700,000 workers. garment work (Finster 2015; Kashyap 2015). Cambodian garment workers, exact location undisclosed, by Asia Floor Wage Alliance. The garment industry has been a major source of employment for young women from rural Cambodia Today, garment and textile exports are critical to the Cambodian economy. In 2013, garments areas who migrate for employment to garment production hubs (McMullen 2013). In a February Cambodia entered the export-oriented global accounted for 13% of the Cambodian GDP (CCC 2012 hearing before the Permanent People’s garment and textile industry in the 1990s with the 2016a). Cambodian global exports amounted to Tribunal held in Phnom Penh Cambodia, Asia passage of the 1993 Constitution of the Kingdom roughly USD 6.48 billion, of which garment and Floor Wage Alliance-Cambodia (AFWA-C) reported of Cambodia which established a free market in textile exports accounted to USD 4.96 billon. By that these internal migrants work far from their Cambodia (CCC 2016a; CCHR 2014). Between 2014, garment exports totaled USD 5.7 billion. families and communities and are thereby cut off 1995 and 2006, bilateral trade agreements with from traditional support networks. Despite their the United States, the European Union and At the time of writing, numerical majority within the garment sector, Canada spurred growth in the garment industry. top brands sourcing from they remain within low skill level employment and rarely reach leadership positions in their unions With the exception of a downturn in 2008 during the global economic crisis, the industry has shown Cambodia include H&M, GAP, Phnom Penh is a hub for garment factories. (Barria 2014). consistent growth (Kashyap 2015). Between 1995 Levi Strauss & Co., Adidas However, garment production has expanded to other areas, including the adjoining Kandal and 2014, the sector grew 200-fold (ILO 2015). and Target.
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