Winning
Profits, Losing Rights
EXCERPTS
FROM THE REPORT “PLAY FAIR”
The
global sportswear industry
 |
The
shift from the marketing of sportswear as specialist performance items to
promoting it as mainstream fashion items for the general public has greatly benefited
the sportswear industry, drawing in young purchasers and expanding its consumer
base. In 2002, the athletic apparel and footwear market was worth more than US$
58 billion. The top three companies – Nike, Reebok, and Adidas – reaped pre-tax
profits amounting to US$ 1123 million, US$ 195.5 million, and US$ 408.9 million
respectively.
|
Profit boom: pre-tax profits of 7
sportswear companies
Nike US$ 1,123 million (2003)
Adidas US$ 408.9 million (2002)
Reebok US$ 195.5 million (2002)
Puma US$ 320 million (2003)
ASICS US$ 51.7 million (2003)
BasicNet/Kappa
US$ 7.5 million (2002)
Lotto US$ 6.4 million (2002)
 |
It
is, however, a highly competitive market. To compete, sportswear companies have
invested in strong branding and marketing to capture and retain customers.
Advertising and promotional spending alone in 2002 cost Nike US$ 1,028 million.
|
The expenditure of others has been more modest, but figures still run into the
millions, with Adidas spending US$ 775 million, Puma US$ 107 million, Mizuno
US$ 81.6 million and Fila US$ 72 million. A great
proportion of these budgets is spent on sponsorship
and endorsement deals of sportsmen and women. In the run-up to the Athens
Olympic Games, the top brands will be launching state-of-the-art products and
running huge advertising campaigns to boost their exposure. This marketing
campaign will include selling products which carry the Olympics emblem,
outfitting those athletes or teams whom they sponsor, and supplying Olympics
officials with services and products.
Making
money from the Olympics
Since
the Los Angeles Summer Olympics of 1980, corporate sponsorship has become an
integral part of the OlympicGames. Originally
intended as an philanthropic gesture when government
funding for the event declined, sponsoring the Olympics now brings in big
money. According to the official website of the 2004 Olympics, by December 2003
sponsorship revenues had reached US$ 648 million, with cash coming from
multinationals like Coca-cola, Swatch, and McDonald’s, in addition to an array of
Greek companies. Sponsorship is also provided in kind. For example, Adidas is
the official sponsor of Sport Clothing for Uniforms at the Athens 2004, while
Mizuno supplies the International Olympics Committee and the Athens Organizing
Committee with their official clothing for all Olympic events. Marketing is the
other big moneymaker of the Olympic Games. The movement, through the
International Olympics Committee (IOC), the National Olympics Committees (NOCs), and the Organizing Committees (OCOGs),
licenses companies to produce and market Olympics souvenirs such as caps,
sweatshirts, and T-shirts. Upon payment of a royalty fee, companies gain the
right to use the Olympics emblem on their merchandise. From the games in Athens
2004, royalty revenues are expected to generate around US$ 66 million. For
companies, the publicity and sales that result from retailing Olympics
merchandise are a lucrative business.
Roots, the Canadian clothing company that sponsors the
US, Canadian, and British Olympic teams, sells replicas of the teams’ kits in
High Street shops. The company is already planning to
open some 100 stores in China
by 2006. Sportswear companies also gain financially from sponsoring national
Olympic teams. At the 2002 Salt Lake City Winter Olympics, Roots supplied the
official team uniforms for the Canadian, US, and British teams. In the two-week
period of the Games, Roots’ sales exceeded US$ 25 million.
The cost of celebrity sponsorship
deals
David Beckham, football (Adidas) US$ 161
million over his lifetime
Grant Hill, basketball (Fila)
US$ 7 million (1997 – 2004)
Venus Williams, tennis (Reebok) US$ 38 million
over five years
Marion Jones, running (Nike) US$ 800,000 per
year
Mark Phelps, swimming (Speedo) US$ 300,000 a
year
Bargaining
power within the supply-chain
In
the last five years, the prices of athletic footwear and apparel have gradually
fallen to meet both consumer demand and pressure from sportswear retailers. To
maintain and increase profitability in a difficult business environment, companies
have sought to rigorously strip out costs from their supply-chains. Outsourcing
production to others, while retaining higher-value inputs like design and
marketing, continues to be a favored option. Advanced communication
technologies and cheaper transport costs have also allowed these companies to
scour the world looking for suppliers who are prepared to supply them at the
lowest price. The typical business model used by global sports-brands involves
strategies designed to achieve the following objectives: deliver products
efficiently and speedily to retail outlets; keep down production costs –
including labor costs – in order to maximize profit; minimize inventory costs
by shifting packing, warehousing, and freighting functions to the supplier; and
shift the risks arising from poor forecasting of consumer demand to the
supplier. The model thrives upon the immense power and negotiating strength
that a small number of big global brands – and, to an extent, a few powerful
mid-supply-chain players – are able to exert over their wide range of potential
suppliers, especially those at the low end of the supply chain. Desperate to
gain a foothold in the global marketplace, garment and footwear manufacturers,
many based in the developing world, strive to offer the cheapest deals, in the
shortest production times, in the most flexible manner, to the big brands.
How
buyers buy
The
sportswear business model also thrives on the huge pressure felt by buying and
merchandising staff in the big companies to deliver to very demanding deadlines
and tight budgets. Often young and seeking to prove themselves within the
business as a means of climbing the corporate ladder, sportswear buyers work
very competitively to meet their performance targets: getting the best price,
in the best time, and at the best quality. In a few companies, buyers are given
some training to introduce them to the companies’ ethical commitments, but
there is usually little attempt to integrate these commitments into the buyers’
role. So much so that in an independent piece of research carried out recently,
researchers found that
buyers sometimes referred to their
colleagues in the Ethical or Corporate Social Responsibility Team as the ‘Sales
Prevention Team’.
Research
shows that buyers are generally adopting the following purchasing practices to
keep delivery lead-times short and prices low, and to maintain flexibility in
meeting supply and demand.
Placing
smaller orders more frequently
The
traditional system of ordering in bulk to meet consumer demands in the basic
four seasons has dramatically altered. For one thing, the number of fashion
seasons has increased. For another, bar-coding systems track consumer
purchases, allowing retailers to order stock automatically as it runs out in
stores. This system also protects the companies from the problem of surplus
stock if products
Pushing
for shorter delivery lead-times
All
the major sports-brands have prioritized shortening the time taken to deliver a
product from the factory to the shop-shelf. As the General Manager for Global
Sourcing at Puma says: ‘we try to
shorten lead-times in order to become competitive. ’ The 2002 Adidas annual report states that
the company aims to reduce lead-time for apparel from 120 days to 90 days.
Lowering
unit costs
Across
the board, unit cost per item of footwear or clothing in the sportswear sector
has fallen year on year. In Honduras,
two factories producing T-shirts for export for famous sports-brands reported
that the price paid per dozen by
the sourcing company had fallen from US$ 3.70 in 2000 to US$ 2.85 in 2003: a
fall of 23 per cent in three years. The owner of a Sri Lankan factory supplying
to Nike estimated that while production costs had increased by approximately 20
per cent in the last five years, unit prices paid by Nike had dropped by 35 per
cent in the previous 18 months.
Threatening
to relocate
The
threat of buyers moving to other locations where operating costs are lower has
also exerted a downward pressure on price. Relocation to cheaper production is
particularly true within the apparel sector. Unlike the shoe sector, where
brands tend to build longer relationships with those factories that have
developed technical expertise and capacity, it is easy for buyers to switch
apparel suppliers, simply on the basis of cost. One supplier to Nike told
researchers that the increasing demands for lower prices became so unrealistic
that he finally terminated the relationship. He claims that Nike relocated
production for that product to Viet
Nam for a difference in cost
which amounted to a mere US$ 0.40 per piece.
Flex
and squeeze: the supplier’s response
Under
these pressures, suppliers are generally not respecting labor standards in
their workplace. Desperate to enter the supply-chains of global brands, factory
managers agree to tight deadlines, fluctuating orders, and low unit costs,
knowing that they can make their workers deliver despite the adverse personal
effects on them. Hence the kinds of abuse and exploitation
using the following workforce-management tactics.
Hiring
women, migrants, and temporary workers
A
common trend within the industry is to hire workers who seem less likely to
challenge management in the face of unfair and difficult working conditions.
Short
lead times, long working hours
Workers
in a Bulgarian factory producing for Puma said that the targets in their
factory were often unachievable within a normal working day. As they were paid
by the piece, this then affected the
wage they received. Workers in
this factory said that this wage was not enough to pay for their individual
subsistence as well as meeting their household budgets.
Low
orders, low wages
When
orders are low, however, the opposite tactic is taken by management as a means
of cutting costs: workers are forced to take unpaid leave. Even for those
workers who are not forced to take leave, wages often fall to a minimum, or
they receive nothing at all during the low season.
You fine
us, we fine them
As
factory managers face all manner of penalties from the buyers – fines for late
delivery, contributions when the product does not do well in the shops, and penalties if the product is sub-standard – so
they try to shift some of their liabilities on to the workers.
Prevent
organizing
Workers
are actively discouraged from forming and joining trade unions.
Mara is a 25-year-old Cambodian garment worker,
sewing products for Adidas. She moved away from her village in a rural province
to look for garment work in Phnom
Penh in order to support her widowed
mother and six siblings,
following
the death of her father. She told researchers about the pressure at the
factory: ‘Our supervisor asks us to work faster, to sew accurately, and to meet
the targets set. My target is 120 trousers per hour. For this, I earn between
US$ 1.25 and $1.50. In the normal working day I have to sew 960 pairs. If I do
not meet this, my
monthly
incentive bonus of US$ 5 is cut. I even hold off from going to the bathroom to
meet my target.
When we want to go to the bathroom during
working hours, the supervisor must stamp our production cards.
‘Overtime starts at 4 pm and runs
till 6 pm.
Sometimes we don’t stop till 8
pm. If I work that late, I am frightened of the dark.
Many motodup (motorbike taxis) ask to take me home. I
do not want to go with them, so I run back to my room. ‘If I work all the
overtime shifts, I get around US$ 60-65 per month. If not, I get around US$ 55.
Of this, I spend US$ 5 on rent for my room and send between US$ 10 and $20 to
my family. The rest goes on food and medicine. I cannot save anything from my
salary.’
Faster,
Longer, Cheaper
Campaigning
on working conditions in global supply-chains has persistently focused upon
getting employers to pay workers a living wage: a wage that allows workers and
their families to live in dignity. The wages of the many workers
who sew, assemble, and pack sportswear for export are not enough to guarantee a
decent existence for them and their families. Workers in Indonesian factory G,
producing for Reebok, told researchers, ‘We
need at least Rp 10,000 (US$ 1.19) per day for food and
transportation. The company gives us only Rp 2,000
(US$ 0.23) per day for transportation. If workers have children,
the daily cost of living is at least Rp 25,000 (US$ 2.97).”
At
the time of our research, the standard monthly take-home wage at this factory
was only Rp 816,000 (US$ 98.6), 82 per cent of the
amount needed.
Overtime
work presents a dilemma. As one worker states: ‘We need overtime work because our basic wages are not enough to meet
all of our living needs”.’ When asked why they worked so hard for so
little, the answer was there is no choice. As one garment worker from a Turkish
factory9 producing for Puma and Lotto said: ‘The wages are so scant and not sufficient for anything. But we do not
have any alternative because wages in garment factories are nearly all the
same. Our choice is between this wage and unemployment.’ As a worker in
Bulgarian factory U sadly concludes: ‘It
is chaos at home.’
The
health costs of working in a sportswear factory
‘I
have many health problems: headaches, diarrhoea,
stomach flu, back pains, and muscle cramps. All these are caused by the
situation in the factory – the bad air, having to stand all day, and the long
hours of work without sufficient rest, water or food.’(Fatima, a 22-year-old
Indonesian woman worker making products for Adidas, Fila,
Nike, Puma, and Lotto in Factory D) ‘Exhaustion is the main thing after
overtime hours. Many women tend to miscarry pregnancies because of the
continuous work that is caused by overtime work following immediately after the
daily shift.(Ita, a
25-year-old worker making products for Umbro and Puma
in Factory I) At a Bulgarian factory producing exclusively for Puma, workers
spoke of eye damage, varicose veins, back pain, dust allergies, respiratory
diseases, and repetitive strain injuries.
Employed
– but on precarious terms
Factories
often do not issue workers with proper employment contracts, leaving workers no
means of redress when their employers fail to respect labor laws on minimum
wages, working hours, payment of overtime premiums, provision of health
benefits and other forms of insurance, as well as other legal rights. This is
further exacerbated when workers are denied their right to join and form trade
unions. Many workers – especially migrants – do not feel able to ask for such
contracts, and their absence has become accepted as an industry norm. Even
where contracts are issued, employers still flout their terms and conditions.
Among the worst-treated in the industry are workers who are employed on a
temporary basis. Often, factories continually hire them on temporary contracts
as a means of evading legal responsibilities to pay time-rate wages or benefits
such as maternity leave, health insurance, or severance pay. Workers
interviewed from a number of factories reported that, despite being employed by
the same factory for periods as long as two years, they were still on temporary
contracts. This sort of employment is a particular phenomenon in Indonesia.
Another tactic is to hire workers from an agency, where the employer is the
agency rather than the owner of the factory. Thus, the enterprise that owns the
factory is able to avoid its obligations as an employer. Unions see this as a
major barrier to organizing workers. When interviewed, a number of union
leaders reported that temporary workers who seek to join in union activities
often find that their contracts are not renewed. Many of the workers
interviewed reported not receiving legal benefits such as health insurance or
wage protection during periods of sick leave or maternity leave. Taking sick
leave is at the expense of wage cuts.
In October 2002, the owners of Bed & Bath
Prestige, a Thai garment manufacturing company, suddenly shut down their
factory, leaving their workers in a desperate state. Prior to closure, the
company produced for a number
of
global brands, including sportswear brands Adidas, Nike, Fila,
and Umbro. The demands made on workers in the
factory
had been extreme. Interviewed in October and November 2002, workers reported
that when orders had to
be
completed quickly, workers were provided with amphetamines to help them to work
right through the night. It
was
later revealed that orders accepted by the company were also being
subcontracted to other factories, where
working
conditions were also very bad. Owing their workers approximately US$ 400,000 in
unpaid wages and
severance
pay, the owners left for the USA.
Unable to pursue the owners directly, 350 workers from the main Bed
& Bath
factory campaigned persistently for the Thai Ministry of Labor to pay compensation
for their illegal treatment. The workers also demanded that those companies who
were former clients of Bed & Bath should contribute to paying workers what
they were owed. Although some of the companies encouraged the Thai government
to respond to workers’ demands, they refused to accept that they themselves had
a moral responsibility to ensure that the workers received their legal
entitlements. Finally in January 2003, the Ministry agreed to pay the workers
the equivalent of four months’ wages. The workers also succeeded in persuading
the Thai government to amend the law regarding severance pay, increasing the
amount paid to workers employed for more than six years from 30 to 60 times the
daily minimum wage. The workers have since established a co-operative,
producing apparel under the name ‘Solidarity Group’, with their slogan ‘ Dignity Returns’. They continue to campaign for their
former employers to be brought to justice in Thailand.
Bullied,
humiliated, abused
Managers
in the factories often resort to harassment, humiliation, and abuse in order to
exert their authority over the workers. Elina, a
garment worker in Indonesian factory PT Busana Prima
Global11 making goods for Lotto, said: ‘There
is a lot of verbal abuse. The management calls us names throughout the time
when we work. They call us “stupid”, “lazy”, “useless”, “bastard’s child”, and
other crass words. They say “You don’t deserve any more than this”. Some girls
start crying. Physical abuse happens too. Our ears are often pulled, and
managers yell directly into our ears.’ More disturbing are regular
incidences of sexual harassment of young women workers at these factories.
Trade
unions undermined
The
ability to join and form a trade union remains a great challenge in the
sportswear production sector. In all four of the researched sportswear
factories in Turkey
producing collectively for Lotto, Fila, Puma, and
Kappa, no unions were allowed. In one of the factories producing for Puma in Bulgaria
it was reported that management had a hostile attitude towards any form of
worker representation in the enterprise.
The
obstacles to forming and joining a trade union are sometimes exacerbated by
governments when they undermine workers’ rights as a means of attracting
foreign investment. Sometimes the employers harass and discriminate against
those who join in union activities. Workers refrain from participating because
they are afraid that union membership will threaten their jobs.
Although
freedom of association and collective bargaining is protected as a
constitutional right in many countries, governments often allow employers to
flout it in order to offer cheaper labor to global buyers. whether
through changes to the law – for example, in a number of countries, the rights
to unionize
and strike are prohibited by
law in export-processing zones – or de
facto through non-enforcement, thousands of workers across the globe are
unfairly denied the opportunity to defend their rights.
There
is clear evidence of violations of trade union rights in this sector in all the
countries mentioned in this report. The ICFTU produces an annual worldwide
survey of trade union rights. For the Annual survey of trade union rights
violations look at: www.icftu.org/survey
Many
sportswear companies recognize that there are bad labor practices in their
supply-chain. Their response to criticism has been to adopt codes of conduct
covering labor practices, which have led to limited improvements. What is not
acknowledged openly is the role that the company itself plays in causing the
problem. This research shows that driving the harsh, abusive, and exploitative
working conditions in the sportswear industry is a business model designed to
bring products to the marketplace speedily and cheaply. To deliver this model,
suppliers must be able to meet faster delivery times, keep labor costs low, and
be flexible to respond to the fluctuating size and frequency of orders being
placed by global brands. Factory managers respond by pushing their workers to
work faster and for longer periods of time; by keeping their wages down in
order to maximize their own profits and to meet prices offered by the brands;
and by preventing them – through intimidation and other means – from
challenging any abusive or unfair treatment, resulting in the kinds of
experience described in the previous chapter. Governments, through their
failure to enact or enforce workers’ rights, make it easier for unscrupulous
employers to adjust to market pressures by cutting corners – and costs –
through the erosion of workers’ rights. Under these circumstances, employers
have gained a carte blanche to
treat workers badly with impunity.
Fundamental principles and rights
at work
In 1998, the International Labour
Organization produced the Declaration on Fundamental Principles and Rights at
Work. In the declaration, ILO member states agreed that they should all
respect, promote, and realise these core labour standards as embodied in key ILO conventions:
Freedom of association and the
effective
recognition of the right to collective bargaining (Convention No. 87 & No. 98) The elimination of all forms of forced
and compulsory labour (Convention No. 29 & No.
105) The effective abolition of child labour
(Convention No. 138 & No. 182) The elimination of discrimination in respect
of employment and occupation (Convention No. 100 & No. 111)
Respect
for trade-union rights - the gap between rhetoric and reality
Bulgaria
Trade-union rights recognized by law.
Trade unionists face harassment and discrimination. Employers resist collective
bargaining.
Cambodia
Trade-union rights protected in law.
Law allows employers to exclude unions from bargaining. Trade-union activity
limited: most workers know little of trade unions or their rights. Employers
are very hostile to unions, notably in the garment sector. Union activists face
intimidation and dismissal. In January 2004, union leader Chea
Vichea was murdered after receiving death threats
reportedly linked to his political and union activities.
China
Trade
unions recognized only within official structures. Freedom of association recognized
in constitution but not in trade union law. Protection of right to strike was
removed from constitution in 1982. All
attempts at establishing workers’ organizations outside official structures are
repressed, often through imprisonment. Workers, especially migrants, are
subject to violations of labor and other human rights. Labor law often flouted.
Indonesia
Right
to form trade unions recognized, but within strong limitations. Government interference sanctioned by law. Much protest and strike action, but usually ‘illegal’ for failing
to follow lengthy mediation procedures. Unionists face employer
intimidation and unfair dismissal, protestors face police violence.
Thailand
The
law recognizes trade-union rights and collective bargaining, and prohibits
anti-union discrimination by employers. The right to strike is recognized. In
practice, collective bargaining is not ensured. Only a small proportion of
workers are covered by a collective agreement. In December 2003, 269 workers in
an apparel factory were arrested
for striking illegally. Most of
these workers were Burmese migrants with legal working permits.
Turkey
Trade-union
rights recognized, but with heavy restrictions, notably on bargaining and the
right to strike.
Collective
bargaining is often obstructed; there are reports of harassment, union-busting,
and strikebreaking.
Union
leaders have been imprisoned for their activities, and can face ill-treatment
in detention.
Whose
responsibility?
Suppliers
– as employers – have a direct legal and moral responsibility to ensure that
their workers are treated decently, employed under fair terms, and work in healthy
and safe circumstances. Many are failing to meet their obligations. The extreme
working hours and excessive targets imposed on workers in the rush to meet
export deadlines are partly a symptom of deficient production planning. If
manufacturers are to invest in improving their production planning and worker
management, the overwhelming pressure currently placed upon them by the
sportswear companies must be diffused. Continual downward squeezes on price and
increased demands for speed and flexibility leave factory managers little room
to improve working conditions in their factories. This responsibility also
attaches to the large multinational manufacturers – like Pou
Chen – and trading companies – like Li & Fung –
who sit mid-chain and often place the direct pressure
in terms of price and delivery upon the factory managers.
Many
of the sportswear companies mentioned in this report have issued codes of conduct
covering labor practices, obliging their suppliers to ensure respect for their
workers’ rights. These codes, however, assume that it is mainly the factory managers’
responsibility to take steps towards this end. Further, as these sportswear
companies scour the world for new low-cost, ‘one-stop shop’ manufacturing
locations to maximize profits for the benefits of their shareholders, so they
forgo their commitment to a long-term business relationship with their suppliers.
Some of the more enlightened companies are beginning to see that unless they acknowledge
their part in causing unhealthy, unsafe, and unfair working conditions through
aggressive purchasing practices, the chances of addressing the problems to any
significant extent are low. For example, the Global Director for Social and Environmental
Affairs at Adidas acknowledges: ‘If a
factory manager says “we cannot comply [with social standards] because your
order arrived yesterday to deliver this morning”, we have to review our
internal processes’. Other companies, unfortunately, are indifferent to
concerns that their purchasing practices are undermining their ethical
commitments.
Ultimately,
governments too have a responsibility to ensure that workers are accorded those
rights enshrined in the Conventions of the International Labor Organization
(ILO). Of special mention is the Tripartite Declaration of principles,
concerning multi-national corporations and social policy, adopted in as early
as 1997 and amended in 2000.
Evidence
in this report reveals that governments – in pursuing export-led growth – have
adjusted their labor policies to meet the requirements of global sourcing
companies. With encouragement from international financial institutions like
the International Monetary Fund (IMF) and the World Bank, policies to create ‘labor
market flexibility’ have been put in place, leading to the erosion of workers’
rights. Human rights such as the right to freedom of association and the right
to collective bargaining have been undermined, in order to prevent workers from
banding together to demand better wages and terms of employment. Governments
turn a blind eye when employers avoid their obligations. Even where good labor
laws exist on paper, enforcement is weak.
The
trade-union movement – globally and locally – has persistently challenged the
failures of governments. In recent years, it has had some successes in strengthening
enforcement, amending laws that violate workers’ rights and changing policies
that contravene labor protection. For example, in Bangladesh,
as a result of persistent campaigning by international and national trade-union
bodies, the government has given an undertaking to extend the National Labor
Code to all its export-processing zones by the middle of 2004. But much more
needs to change, if workers are to be adequately protected.
Fair
play for workers: respect the rules
It
is in the interests of the sporting world to put pressure on the sportswear
industry to respect labor standards. So intrinsically linked is the practice of
sport with the sports-brands that any taint on the industry’s reputation also
stains the reputation of the sports institutions. Yet the sporting world –
apart from a few exceptions – has done very little to call for change on the
part of the sportswear companies.
Rules
to protect the rights of workers are some of the oldest in the world. Today,
195 ILO conventions have been adopted, providing an array of protection to
workers worldwide. But, across all the countries researched for this report, employers
within the sportswear manufacturing industry are getting away with these rules
of the game.
Abuses
of workers have prompted a public outcry against companies who are guilty of
perpetuating the misery of workers at the bottom of the supply-chain. Reacting
to the threats to their reputations, a common response by companies has been to
adopt codes of conduct covering labor practices within their supply-chains. In
spite of all that abuses are too common for the following reasons:
1
There is a huge gap between ethical commitments and purchasing practices
In
all the sportswear companies researched for this report, their ethical commitments
are not reflected in any significant way in the purchasing practices used by
their buyers. A recent World Bank report on corporate social responsibility reaches
a similar conclusion, stating: ‘The
majority of the participants in the survey acknowledged that unresolved tension
among price, quality and delivery time on the one hand, and CSR (Corporate
Social Responsibility) requirements on the other, risked undermining the
credibility of the business case.
2
The current compliance model is flawed
Despite
a general recognition that the most efficient method of implementing and upholding
the principles enshrined in codes of conduct is via the recognition of independent
trade unions and collective bargaining rights, the sportswear industry is still
rife with virulent anti-trade union policies.
For
a few years now, some more committed companies have been using firms that sell
social auditing services to conduct workplace inspections as a means of
assessing compliance with labor standards. While these firms’ audit teams generally
are able to recognize the more visible breaches of labor standards, they tend
not to detect the more insidious violations, such as the repression of the
right
to organize, excessive working
hours, or physical, verbal, and sexual harassment of workers. In some
instances, to satisfy both the ethical team and the buying team, some factory
managers routinely resort to falsifying the evidence when labor standards inspections
are conducted. Workers report that wage records and time records are altered,
that they are coached to give the ‘right’ answers on wages and overtime work, that the factory is cleaned up before an inspection,
and that in some cases part of the workforce is put on leave during the
inspection days, in order to make the factory appear more spacious.
The
‘checklist approach’ used by social audit firms is useful in identifying some
problems in the workplace. But it fails to identify the causes of these problems or suggest effective solutions to
overcome them. Conducted in isolation, with little consultation with local
stakeholders such as trade unions or women workers’ organizations, these types
of social audit are not proving to be the answer to improving working
conditions. Further, the failure of these teams to gain the trust of workers,
the trade unions, is a major stumbling block. Perhaps the biggest flaw in the
current compliance model is the fact that workers– who are the main subject of
these inspections and audits – are at the edges rather than the center of the
whole system. In some workplaces, even though the code was displayed on the
wall of the factory, workers said that they had never been asked about
conditions in the workplace, nor had they a clear idea of how it related to
their working lives. At one sportswear factory, a worker told researchers: ‘Yes, there are codes of conduct pasted on
the walls, but they are both in English. They are pasted high up on the wall.
It used to be that these codes would only get pasted up when the buyer was
around, but since August 2002 they have been up every day. I have read a little
bit of the code, but I don’t understand much of it.’ With little or no
training on their rights as employees, to such workers these codes make no
sense. All in all, this is a system that is not working effectively to bring
about significant improvements in working conditions.
3
Bad practices by one company undermine good practices of another
Where
different brands are supplied by the same factory, any potential improvements
that could be made by one brand’s genuine commitments are undermined by the
irresponsible behavior of others. The industry is structured in such a way that
most companies share the same suppliers. It is rare to see one brand accounting
for more than 70% of the production at a factory. So
companies that have made ethical commitments may well be sharing a factory with
many other companies which are indifferent to poor working conditions in their
supply-chains.
Time
to Play Fair
Make
the change
Sustained
campaigning has led some major companies in the sportswear sector to begin to
address the appalling working conditions in their supply-chains. Some companies
have demonstrated an awareness of this tension between their purchasing
practices and compliance with labor standards. When interviewed about the gap
between the two, the Social Accountability and Environmental Standards Team at
Puma answered unequivocally: ‘We have
to improve on this.’ Nike is planning to incorporate what it calls a
‘balanced scorecard approach’, which will place compliance with labor standards
on a par with cost, quality, and delivery when making decisions on suppliers,
as one means of addressing the problem. At Adidas, the Corporate Responsibility
Team are currently engaged in a project that is evaluating the impact of their
purchasing practices on working hours in suppliers’ factories. Although it is
yet to be completed, Frank Henke, the head of the team, said: ‘Long working hours are a problem for many
of our suppliers, and we realize that our own planning processes add to the
time pressures on them. We are reviewing and adjusting the internal process of
how we plan and give orders to take that pressure off.’ Those who have recognized
the need to improve, however, are in the minority.
If
sportswears companies are to be sure
that workers’ rights are genuinely respected within the supply-chains, they
need to do the following:
1)
Develop and implement a credible labor-practices policy, calling for suppliers
and their sub-contractors to respect internationally recognized labor standards,
including all those identified by the ILO as being fundamental rights at work.
2)
Change their purchasing practices so that they do not lead to worker exploitation
by integrating
labor-practice policies with current purchasing practices. Ensure that labor
standards are a key criterion when selecting suppliers – alongside indicators
of price, time, and quality. Negotiate a fair price with the supplier: one that
reflects the true labor costs of production and allows the supplier to meet
ethical labor standards. Develop more stable long-term relationships with
suppliers and factories, enabling the latter, in turn, to engage more stable
workforces on fairer terms.
Some
companies, such as Nike, Reebok, Adidas, and Puma, have begun to collaborate
with each other, as
well as with other companies
through multi-stakeholder initiatives. While this is an important step forward,
progress will be limited, unless the sportswear sector as a whole develops a
program of work that promotes trade-union rights, and ensures on-going dialogue
between the main companies in the sector and the International Textile, Garment
and Leather Workers Federation (ITGLWF) via a sectoral
or company-wide framework agreement.
3)
Implement labor codes of conduct in ways that bring sustainable improvements in
working conditions by communicating in clear terms to
suppliers, factory managers, and their sub-contractors that workers’ rights to
form and join trade unions and engage in collective bargaining are fundamental
to the process of meeting labor standards, and that it is unacceptable to
undermine these democratic rights. Conduct workplace inspections in conjunction
with workers, trade unions, and credible local organizations, and ensure that
such inspections address all forms of abuse. Provide accessible and safe means
by which workers can report exploitation and abuse and be assured of action on
the part of the company. Ensure that workers have access to information on what
actions have been taken to improve working conditions in their workplace as a
result of an inspection or social audit; enable them to report whether these
corrective actions have been taken.
4)
Work together to address endemic problems in the sportswear industry.
Companies
should publicly acknowledge the value of a sector-wide approach with trade
unions and other concerned organizations to addressing the problems.
5)
Inform the public about the working conditions in which their products are
made, and provide transparent information about how their business operations
affect working conditions in their supply-chains.
Sportswear
suppliers and factory managers must accept their direct
responsibility to respect their workers’ rights. In their bid to take a share
of the profits, they must not renege on their responsibilities by breaking labor
laws and exploiting or abusing their workers – no matter how competitive the
market is.
The
Olympics movement should make
a serious commitment to ensure respect for workers’ rights
by the sportswear industry
through the International Olympics Committee (IOC), National
Olympics
Committees (NOCs), and Organising Committees (OCOGs) by taking these
actions:
- Amend
the Olympic Charter to include a specific commitment to respect workers’
rights.
- Publicly
call for an end to the exploitation of workers and the abuse of workers’ rights
that are involved in the production of sportswear; and put pressure on the
industry to take credible steps towards this.
- For
the IOC: adopt a policy requiring that, as a contractual condition of all IOC,
NOC, and OCOG licensing, sponsorship, and marketing agreements, labor
practices and working conditions involved in the production of Olympics branded
products must comply with internationally accepted labor standards, as
defined by the ILO.
Governments
have much to do to meet their obligations towards
workers. They should actively ensure that labor legislation, consistent with
international labor standards, is enacted, implemented, and enforced.
Commit
resources to implementing an ethical labor-practices policy, including the
establishment of mechanisms which address instances of exploitation and abuse
of workers in the manufacture of products bearing the Olympics emblem; rigorous
inspections of conditions, and prompt attention to complaints of abuse should
be made a matter of routine.
Members
of the public can play a crucial role in placing pressure
upon the sportswear industry to reform its policies and practices.
Glimmers
of hope
Respect
for workers’ rights at the Sydney
Olympics
The
organizing committee for the Olympic and Paralympic
Games in Sydney 2000 adopted a Code of Labour
Practice for the production of licensed Olympic goods. The Code – negotiated
with the Australian Council of Trade Unions (ACTU) and the Labor Council of New
South Wales in 1998 – required the payment of fair wages, limitations on working
hours, and respect for the rights of freedom of association and collective bargaining.
FIFA commitments on labor standards in the production of soccer balls - In
mid-1996, the international trade union movement uncovered evidence, supported
by video footage, that child labor was being used to manufacture soccer balls
bearing what appeared to be the logo of FIFA, the football world’s governing
body. The balls were being made in the town of Sialkot,
Pakistan,
the source of some three-quarters of the world’s soccer balls at that time. The
discovery was made just before the start of the 1996 European Championships and
received extensive worldwide media coverage. On 3 September 1996, FIFA
agreed to a ‘Code of Labor Practice’ for FIFA licensed products, as requested
by the trade unions. Labour-standards criteria – based on the ILO Declaration on Fundamental
Principles and Rights at Work – have now been included in the licensing
agreements. The Clean Clothes Campaign has, however, repeatedly targeted
FIFA for not implementing this code, presenting it with evidence of non-compliance.
A
code for the sporting-goods industry The World
Federation of Sporting Goods Industry (WSFGI) is an independent association
formed by the industry suppliers, national organizations, and businesses
related to the sporting-goods industry. Its membership includes global
sports-brands, retailers, and manufacturers of sportswear and sporting goods.
In 2000, it introduced a revised Code of Conduct based on the international labor
standards outlined in the key ILO Conventions. The preamble to the Code states:
‘WFSGI members recognize the important role they play in the global economy and
their influence on the social and economic conditions under which sporting
goods are manufactured and produced. Although the Code is comprehensive on paper,
the WFSGI has done little to ensure that members implement it. The Olympics movement is a particularly
stark example of this indifference. In spite of its rhetorical commitments to
fair play, international solidarity, and valuing
the worth of human beings, it
has not taken any practical action at the global level to challenge the
sportswear brands on the exploitative and abuse working conditions in their
supply-chains.
As
the leading governing body in world sport, the International Olympics Committee
(IOC) has a moral and legal obligation to make these calls. Their obligation
includes making sure that companies that use the Olympics logo respect fundamental
workers’ rights. This lack of commitment seems irresponsible,
particularly given that
currently, those sportswear companies that act as official suppliers of
uniforms or kit to the IOC (for example, Mizuno, the supplier of official
clothing to IOC officials) or to the organizing committee of the host nation
(for example, Adidas, as the official sponsor of Sport Clothing for Uniforms
at the Athens 2004), or the
national Olympics teams through their national Olympics committees are under no
obligation to ensure that these products are not made by exploited workers. At
the very top of
the hierarchy, the IOC is the
owner of the rights to all Olympic marks, including the five-ring emblem, and
is responsible for the overall direction and management of all Olympics
marketing and licensing programs. If the movement as a whole made a commitment
to respect labor standards, similar to its commitments on protecting the
environment, it could play an important role in achieving improvements to working
conditions for the many workers who produce sportswear worldwide.
REPRODUCED WITH AGREEMENT FROM OXFAM