OECD takes up case against Triumph International after Irregular Dismissals in Asia

Almost nine months since irregular mass dismissals of workers of lingerie brand Triumph in Thailand and the Philippines, the OECD National Contact Point in Switzerland has accepted to handle the case. Although non-binding, the OECD guidelines provide standards for responsible business conduct to multinational enterprises operating in or from OECD member states, and include the provision of a complaint mechanism.  

In December last year, union representatives filed a complaint against Triumph International for violating the rights of workers and trade unions in Thailand and the Philippines. Triumph’s decision to dismiss workers was made in both countries without involving the unions. As a consequence, the dismissals violated the OECD guidelines as well as ILO convention 158. Furthermore, the company failed to prove that their decision did not undermine the right to freedom of association.

Thus far the Triumph International management in Switzerland has refused to negotiate with the unions, and there are detailed reports of the repression of union rights at the local Triumph subsidiaries. With the acceptance of the complaint by the OECD, the Swiss NCP will now explore the willingness of Triumph to enter a mediated dialogue with the Thai and Filipino unions. We call upon Triumph to genuinely and credibly enter the mediation and commit to a swift remediation of the violation of workers’ fundamental rights in their factories.

Thai union leaders still under threat of arrest

In August last year, three Thai union leaders were accused of having breached the Internal Security Act (ISA), following a peaceful demonstration of nearly 2000 Triumph workers in front of the Thai parliament (see also here). The case against Jitra Kotchadej, Bunrawd Saiwong and Sunthorn Boonyod is still in court, and the union leaders are currently threatened with detention if they don't pay hefty bail sums. The ISA has been criticised by human-rights organisations for giving the authorities a wide range of powers to arrest and detain suspects, not unlike a State of Emergency decree. In this case, the law is being used to suppress peaceful assembly and freedom of speech in a case of labour-rights violations by a European multinational corporation.

Thai Ministry of Labour provides equipment for production of protest underwear

In January 2010 the Triumph International Thailand Labour Union (TITLU) concluded negotiations with the Thai Ministry of Labour about what the Ministry could do for the irregularly dismissed workers. The Ministry agreed to give the workers 250 sewing machines, work space and loans to start their own cooperative.   In protest against the dismissals, the workers had started  producing their own underwear label “Try Arm” at the ground floor of the Labour ministry (see also here). They have left the Ministry on February 28, 2010.

Speaker tour December 2009 mobilised thousands of union supporters

From November 30 till December 22, representatives of TITLU and the New Unity of Workers in Triumph International (BPMTI) from the Philippines came to Europe to  bring their protest to Triumph's headquarters in Switzerland. When Triumph  refused to meet with Jittra Cotshadet, Thanyathorn Keereethavornpat, Isabelita dela Cruz, and Melona Daclan, protest actions in front of Triumph shops were organised in Switzerland, Germany, Austria, Denmark, and the Netherlands. In addition, thousands of consumers responded to the call of the Clean Clothes Campaign to send a “Christmas” card to Triumph, calling upon the lingerie multinational to take its responsibility.

At the 10th World Congress of the International Textile and Garment Workers Federation, the Triumph unions gathered support from the unions present. In follow up, the ITGLWF has requested Triumph International to agree with the formation of a monitoring committee as defined in Triumph International’s European Code of Conduct. This monitoring committee should consist of representatives of the union federation, the Triumph International European works council, and the company. An important function of the committee is to come into action when the code is not properly implemented.