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Information Release
Date: June 24, 2003
420 Workers Fired and Arrested for Demanding Legal Rights
On 23 June, 420 Burmese factory workers were dismissed from their
jobs for submitting a complaint about their working conditions to
the Tak Labor office. Prior to this, the workers had approached
their employer and listed their demands, all of which they were
already legally entitled to under Thai law. The employer responded
to the workers attempt to negotiate an agreement through legal channels
by firing all of the workers and calling the police to arrest and
deport them. This arrest directly violates Thai law, which states
that registered workers who are dismissed from their jobs have 7
days to find new employment. Currently the 420 workers are at the
immigration detention center where awaiting deportation back to
Burma. Young Chi Oo has received information that the workers will
be deported directly into the hands of Burmese authorities probably
sometime this afternoon (Tuesday June 24). In addition, YCO has
learned that the factory owner has given the Burmese authorities
information about the 20 workers elected as representatives to negotiate
with the employer. YCO has serious concerns about the fate of these
workers if they are deported.
Please contact the Director of Immigration in Mae Sot to protest
this illegal deportation.
Name: Khun Hanit
Phone: 055- 563-006, 055-563-908
Background
King Body Concept Co.Ltd. Factory is located in Mae Sot, Tak Province.
The factory produces clothing that is exported to six countries
including the US, Malaysia, and Hong Kong. Approximately 100 Thais
and 420 Burmese migrants (400 women and 20 men) work at King Body
Concept. All of the Burmese workers have legal permits to work in
Thailand. According to Thai Law, registered workers must receive
the same rights and protections as Thai workers. In Tak Province
the minimum wage is 133 baht per day, with 25 baht per hour for
overtime work. At the King Body Concept Factory, Thai workers receive
the minimum wage, but Burmese workers earn only 55 baht per day,
with 5 baht an hour for overtime work. In addition, Burmese workers
report that they are not allowed to refuse to work overtime and
the normal workday at factory runs from 8 am to 10 pm. During peak
production periods workers are sometimes forced to work until 3
am. The factory owner also withholds the original copies of the
Burmese workers’ work permits, violating Thai immigration
law which requires workers to carry their permits with them at all
times.
Out of their 55 baht-a-day wages, the factory owner also deducts
300 baht monthly for providing basic housing and rice to the Burmese
workers. In addition, the owner levies a further unexplained 3%
tax on the workers’ salaries.
Current Situation
Since the beginning of June 2003 workers report that living conditions
at the factory have become very bad. There is not enough water for
drinking or bathing, the dormitory is overcrowded and the toilets
are filthy and stinking. In the face of these problems the workers
became increasingly dissatisfied and began to demand that their
employer address these issues. On 18 June the 420 Burmese workers
all signed a statement to their employer and posted it on the notice
board of the factory. The statement included the following demands:
· That they be allowed to keep their original work permits
· That their salary be raised to 80 baht a day (still 50
baht less then they are legally entitled to)
· That their wages be paid on time
· That they not be forced to work overtime later than 10
pm
· That they have a healthy work environment
· That they be allowed to elect a worker representative to
bring their grievances to the employer
The employer failed to respond to this statement, and the following
day the workers handed him a copy of their demands directly. Again
they received no response from their employer and so on 20 June
they sent a formal complaint letter to the Tak Labor Protection
and Welfare office. The labor protection office responded saying
that they would send a labor official on 23 June to mediate between
the employer and the workers. On June 20th the workers went into
the factory, but the factory managers told the workers that there
was no work for them to do that day, and that the next two days
would also be a holiday (usually the workers have to work on Saturdays
and Sundays).
On Monday the 23rd the labor official arrived at the factory and
held a meeting with the factory owner and 10 workers elected to
be representatives. However before the meeting the factory owner
called the local and immigration police and Border patrol soldiers.
While their coworkers were negotiating with the employer and the
labor official, soldiers carrying guns surrounded the rest of the
workers and forced them to sit in the middle of the factory compound.
Finally the employer said he would not give in to any of the workers
demands, and that he wanted to dismiss all of the workers because
they had not worked for the last three days. The workers then asked
for the two months compensation that they were entitled to according
to the law. The owner refused and told them “ I will give
you your last months’ salary and you must leave now.”
Then the labor official left the factory, and several of the security
guards at the factory threatened the workers saying, “you
should accept this salary and leave, otherwise you will be in big
trouble.”
After the employer gave the workers their last month’s salaries,
the immigration police forced them onto the immigration trucks.
At this time several of the labor officials were standing outside
the factory watching as the workers were arrested. Then the police
brought the workers to the IDC. This arrest was illegal, as workers
who are dismissed from their jobs by law are given 7 days to find
new employment before they are subject to deportation. Currently
the 420 workers are at the immigration detention center and Young
Chi Oo has received information that the workers will be deported
directly into the hands of Burmese authorities probably sometime
this afternoon (Tuesday June 24). In addition, YCO has learned that
the factory owner has given the Burmese authorities information
about the 20 workers elected as representatives to negotiate with
the employer. YCO has serious concerns about the fate of these workers
if they are deported.
Names of Worker Representatives from King Body Concept Factory
1. Ahtun, M
2. Ko Latt, M
3. Sar U, F
4. Zar Chi Thein, F
5. May Oo, F
6. Thitsar, F
7. San San Lwin, F
8. Than Soe, M
9. Nwe Htun, F
10. Kaw Kaw, F
11. Myalay, F
12. Mapai, F
13. Maw Maw lwin, F
14. Chit Htway, M
15. Htway Hlay, F
16. Nan Khan Kyaw, F
17. Win Cho, F
18. Aye Mya Nwe, F
19. Ohmar Soe, F
20. Thu Zar Myint, F
More information: Moe Swe
Ph: 09 565 9899
E.mail: moeswe88@hotmail.com
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