THAILAND: Abuse of workers rights by the Siriwat Garment Factory in Mae Sot 

THAILAND: Labour slavery; Inhumane working conditions
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Siriwat Garment Factory employer abused at least 75 Burmese migrant workers in Mae Sot, Thailand, who were forced to work under inhumane conditions. Half of the workers have been fired and the employer underpaid all the workers, violating the Thai labour law, after the workers had refused more work. The workers had worked for 41 hours without rest from 19 to 21 September. Burmese migrant workers are routinely underpaid and abused in this region without any consequences for the employers.

Your urgent action is required to pressure local authorities to correct this matter immediately.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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BACKGROUND INFORMATION:

At least 75 legal Burmese workers (64 female and 11 male) from the Siriwat Garment Factory were severely abused by the factory employer, Mr. Chalermpol Paiboonpol, by being forced to work 41 hours without rest from 19 to 21 September 2003. Half of the workers were firedon 24 September and the employer underpaid all the workers. The workers’ work permits expired on 25 September and they were in the process of extending them. However, dismissed workers currently face deportation to Burma.

According to Thai law, registered workers must receive the same protection as Thai workers. The minimum wage in Tak province is 133 baht per day (US $ 3), with 25 baht per hour for overtime work. However, the workers from the Siriwat Garment Factory had worked about 14 hours a day since 1 September 2003. They were frequently forced to work overtime, and during peak production periods were sometimes forced to work until 2:00am. However, they were only paid 50-70 baht per day (under US $ 2), with 5 baht an hour for overtime work. The factory owner also holds the original copy of the Burmese workers’ work permits, which is not only a violation Thai immigration law, but also prohibits them from going to the public hospital (and they cannot afford a private one). The factory owner also charged the Burmese workers 100 baht for basic housing and 400 baht for a monthly work permit fee. Further, the working environment at the factory is very poor.

On 21 September, when the workers refused to do more overtime, the owner did not allow them to sleep at the dormitory, so they had to sleep on the ground outside of the factory. On 22 September, Mr. Chalermpol held a meeting with the manager and the workers, telling the workers that he would dismiss them if they would not agree to work overtime. He also called two local policemen to the factory, who, according to the workers, also threatened them that they would arrest them and send them back to Burma if they did not do the overtime work.

That same day, representatives of the Thai National Human Rights Commission, the local Labour Protection Welfare office of Tak, the Thai Lawyers Society and the Working Committee of the Ministry of Labour visited the factory.

The workers demanded the employer to pay their salaries on time; to provide enough break time each day according to the law; to guarantee a day off on Sunday; not cut the workers’ wages if they refuse overtime work, and to improve working conditions in accordance with Thai labour law.

However, Mr. Chalermpol was not at the factory, so Khun Sompong called and made an appointment to meet him at the Labour Welfare Office on 24 September 2003. According to the workers, the officials of the local Labour Welfare Office immediately changed their attitudes towards the workers after the people from the Thai Lawyers’ Society, the NHRC, and the Working Committee of the Ministry of Labour had left the factory. Khun Sompong even told the workers that they would be able to find new jobs at other factories if they were laid off.

At 5:30pm on 22 September, Ms. Khun Suda, the factory manager, fired all the workers and paid the workers¡¦ last salary of 1,500 baht. The workers refused to accept the money, claiming that they would await a decision from the Labour Protection Welfare Office. All of the workers had to stay outside at night, fearing threat by the factory employer and of being deported to Burma.

Latest information:

After a great deal of negotiation, Mr. Chalermpol agreed to provide work permits for only half of the workers and the others had to leave the factory. At 10:00pm on 25 September, the employer came with two security guards and paid each worker 2,500 baht of last month’s salary. However, according to the Thai law, the workers should be paid 5,000 baht and the employer should pay each worker 15,000 baht including compensation (10,000 baht) and last month’s salary (5,000 baht). Thai law clearly notes that the employer should pay the worker two months minimum wages if they do not want to employ the worker.

Burmese migrant workers are routinely underpaid and abused in this region without any consequences for the employers. For example, in June 2003, 420 Burmese migrant workers from King Body Concept Co. Factory were fired and deported to Burma after demanding their legal rights. The immigration office immediately sent them back to Burma without any investigation of the dispute between the factory owner and the workers, which is a violation Thai law.

SUGGESTED ACTION:
Please send a letter to:

1. Deputy Director General
Department of Labour Protection and Welfare
Ministry of Labour
Khweng Din Daeng
Bangkok 10400
fax: 662 245 3192
email: pr_webmaster@labour.go.th

2. Prof. Saneh Chamrik
Chairperson
The National Human Rights Commissoner
Street Address: 422 Phya Thai Road
Pathumwan District, Bangkok 10330
THAILAND
Tel: +66 2 219 2940
Fax: +66 2 219 2940
E-mail: commission@nhrc.th

3. Mr Y. Nodera, Regional Director
ILO Regional Office for Asia and the Pacific
United Nations Building, 11th Floor
Rajdamnern Nok Avenue, P.O. Box 2-349
Bangkok 10200, Thailand
Fax: 66 2 288 3056 (direct), 288 3062
e-mail: bangkok@ilobkk.or.th

4. Mr. Sattar
UN Working Group on Contemporary Forms of Slavery
Office of the United Nations High Commissioner for Human Rights,
Palais Wilson, Rue des Paquis 52, Geneva
SWITZERLAND
Fax: +41 22 917 9006

5. Mr. Chalermpol Paiboonpol
The employer
Siriwat Garment Factory
6/7 Moo 3, Tambon Mae Ba, Mae Sot, Tak
THAILAND

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