Better Factories Project
Kingdom of Cambodia
Tenth Synthesis Report on the Working Conditions Situation in Cambodia's Garment Sector
March 2005
1 Introduction
1.1 Project background
On 20 January 1999, the governments of the Kingdom of Cambodia and the United States of America entered into a three-year Trade Agreement on Textile and Apparel. The agreement was amended and extended for another three-year period on 31 December 2001. The Agreement sets an export quota for garments from Cambodia to the United States, while seeking to improve working conditions and basic workers' rights in Cambodia's garment sector by promoting compliance with - and effective enforcement of - Cambodia's Labour Code, as well as internationally recognised core labour standards. The amended agreement offers a possible 18% annual increase in Cambodia's export entitlements to the United States, provided the Government of Cambodia supports:
"The implementation of a programme to improve working conditions in the textile and apparel sector, including internationally recognised core labour standards, through the application of Cambodian labour law." (Article 10B, US-Cambodia Textile Agreement).
Under the Agreement, "The Government of the United States will make a determination by December 1 of each Agreement period, beginning on December 1, 1999, whether working conditions in the Cambodian textile and apparel sector substantially comply with such labour law and standards."
Following the signing of the Agreement, the Governments of Cambodia and the United States requested ILO technical assistance to prepare a project proposal and be the executing agency to support the implementation of the Trade Agreement by improving working conditions. The ILO consulted extensively with the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation (MOSALVY) (currently known as the Ministry of Labour and Vocational Training (MOLVT)), the Garment Manufacturers Association in Cambodia (GMAC), the Cambodian trade union movement and the United States Government. A technical cooperation project with a budget of US $1.4 million (US $1 million, GMAC and MOLVT $200,000 each) over a period of three years was agreed upon in May 2000. The project commenced in January 2001. In November 2002, an additional US $675,000 was received from the US to strengthen and intensify project activities. In November 2003, the project was formally extended for 2 years with a budget of US $1.5 million (US Government providing $1 million, MOLVT $400,000 and GMAC $100,000). In February 2005, the ILO re-launched the project into the name of Better Factories Cambodia reflecting an increased focus on remediation services to complement industry activities.
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1.2 Project objectives
The basic objective of the project is to improve working conditions in Cambodia's textile and apparel sector through:
- Establishing an independent system to monitor working conditions in garment factories;
- Providing assistance in drafting new laws and regulations to improve working conditions;
- Increasing the awareness of employers and workers of core international labour standards and workers' and employers' rights under Cambodian labour law;
- Increasing the capacity of employers and workers and their organizations to improve working conditions in the garment sector through their own efforts;
- Building the capacity of government officials to ensure greater compliance with core labour standards and Cambodian labour laws.
The project is guided by a Project Advisory Committee (PAC), which comprises three representatives each from the Government of Cambodia, the GMAC and the Cambodian trade union movement. The PAC meets at least quarterly. It provides guidance on such matters as work plans, implementation of activities, communication with the parties involved, and coordination of project activities with relevant work undertaken by other entities. It also advises on the operation and evaluation of the monitoring and reporting system.
1.3 The monitoring system
The monitoring system consists of the following three main components:
- Registration of participating factories;
- Monitoring visits and reporting on these visits;
- Reporting on the overall findings of the monitoring.
Registration of participating factories
Enterprises in the textile and apparel sector have registered with the project. This registration is voluntary but has been encouraged by a Prakas issued by the Ministry of Commerce, which provides that only registered factories are eligible to use or buy quotas for the export of textiles to the USA. As of 31 December 2004, 278 enterprises have registered with the Project. Registration consists of the signing of a Memorandum of Understanding (MOU) between the ILO and the participating factory. The MOU outlines the duties and responsibilities of both parties. Under the MOU, the factory agrees to provide full access to ILO monitors when they visit factory premises, whether announced or unannounced. The factory also agrees to allow ILO monitors to interact freely with shop stewards, union representatives and factory workers, both inside and outside the factory premises. The ILO agrees that monitoring visits are undertaken in a fair and objective manner, that monitoring visits will be undertaken in such a manner as to minimize any disruption to factory operations, that basic information is kept confidential, and that any allegation of misconduct by ILO monitors in the execution of their duties will be considered in good faith.
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Monitoring procedures
The Project has recruited 11 monitors to undertake factory visits. They have been provided with intensive training, covering subjects such as Cambodian labour law and international labour standards, interviewing techniques, and report writing. In undertaking factory visits, monitors are guided by an extensive checklist. This checklist consists of 156 questions (excluding sub-questions) most of which relate to articles in the labour code or provisions in the relevant ILO Conventions.
Monitors normally undertake enterprise visits in pairs. Each visit follows a similar procedure, which includes an initial meeting with management, a tour of the enterprise, observation of the workplace, interviews with workers and their representatives both inside and outside the factory, collection of relevant documents (payroll, sample contracts, leave records, etc.) and an exit interview with management. After each monitoring visit, monitors prepare a report containing their findings and suggestions for areas of improvement. The CTA checks the report to see that it has been completed in accordance with project procedures. Once the report is approved by the CTA and provided to the factory, the factory is given two weeks to request a meeting with the CTA or Programme Assistant to discuss the draft report. If the factory does not opt to discuss the draft report, the report is finalised at this stage. Otherwise, management meets with the CTA or Programme Assistant to discuss the draft report. The monitors also may revisit the factory to verify any additional information received during this meeting. The report prepared after this meeting is sent to management with a request to sign and return it. At this point, management can indicate points with which they do not agree. Upon request from management, the project may provide assistance to factories in implementing the suggestions identified in the report.
Follow-up visits are also undertaken in pairs in which at least one of the monitors was part of the team that undertook the previous visit. Follow-up visits focus on progress made in the implementation of the suggestions. In addition, monitors re-examine fundamental issues such as freedom of association and child labour as well as major changes on issues for which factories were found to be in compliance after the previous monitoring visit. Reports on follow-up visits are sent to management with a request to sign and return them. At this point, management can indicate with which points they do not agree, if any. They are also informed that they can contact the Project at all times to discuss the report or provide additional information if they wish.
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Reporting procedures
Based on the reports prepared by the monitoring teams, the CTA prepares a synthesis report that provides an overview of working conditions for a group of factories (factories are grouped together into cohorts as they register with the project). The synthesis report is presented to the Project Advisory Committee. The Project Advisory Committee discusses each synthesis report and its comments are recorded and attached to the ILO report. The ILO report and the comments of the Project Advisory Committee are made available in both English and Khmer and distributed to implementing and cooperating agencies under the project, and to the parties to the US-Cambodia Textile and Trade Agreement. The report is also posted on the ILO website. The first report was published in November 2001, the second in April 2002, the third in June 2002, the fourth in September 2002, the fifth and sixth in June 2003, the seventh in October 2003, the eighth in February 2004, and the ninth in January 2005.
1.4 This synthesis report
This tenth synthesis report is the first of its kind to assess the progress made by factories in improving working conditions, determined during a second follow-up visit by monitors to the factories. Thus, this synthesis report examines the progress made by 26 factories between their first and second follow-up visits in implementing suggestions made by the project for improving working conditions. This tenth synthesis report covers the same factories included in both the second synthesis report (initial monitoring visits) of April 2002 and the fifth synthesis report of June 2003 (first follow-up visits). Four of the 30 factories covered by the fifth report had closed down or suspended operations, so it was not possible to undertake a second follow-up visit and include information on these factories in this report.
| Findings in the Tenth Synthesis Report |
|---|
| There is no evidence of forced labour; |
| There were no incidents of discrimination reported in any of the factories; |
| There were minor incidents of secual harassment reported in one factory; |
| There were no confirmed cases of child labour; |
| There has been further improvement in the correct payment of wages, though this remains a problem in a number of factories; |
| Most factories that had problems ensuring that overtime work is undertaken voluntarily made improvements in this regard; |
| There has been further improvement in ensuring that overtime is exceptional, voluntary and that overtime hours are within legal limits, but these issues remain a problem in a number of factories; |
| Every factory that had problems ensuring freedom of association, including protection against anti-union discrimination, made some progress in addressing these issues; |
| Workers in one factory made progress in organizing a strike in conformity with the legally required procedures; |
| There are continuing problems associated with safety and health at work, including the provision and use of protective equipment, the installation of safety guards on machines, proper safety training, as well as issues such as inadequate ventilation and cleanliness in some workplaces. |
It is important to underline that the monitoring of factories is not an objective in itself, but part of a process aimed at improving working conditions in Cambodia’s garment sector as a whole. Thus, factories are not named the first time information on them is included in a report, but they are named in the following reports. It is believed that giving factories a grace period before they are named is the best way to realise the objective of the project, i.e., improving working conditions.
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2 Progress made in implementing project suggestions
The following provides an overview of progress made by factories in implementing the suggestions made by the Project. The names of the factories are listed below. The information is provided in two ways, i.e. by subject and by factory. Thus, sub-chapter 2.1 contains information on the implementation status of suggestions by subject, while sub-chapter 2.2 contains summary information on the implementation status by factory. It is important to note that the information provided reflects changes in situations that took place in the period between the first and second follow-up visits. Also, where factories are listed by name this is done in alphabetical order.
Factories covered by this report
- Archid Garment Factory Co., Ltd., Meanchey, Phnom Penh;
- Broadland Cambodia Garment, 1st Branch, Meanchey, Phnom Penh;
- Broadland Cambodia Garment, 2nd Branch (permanently closed) , Russey Keo, Phnom Penh;
- Cambodia HK Ltd., 1st Branch (permanently closed), Meanchey, Phnom Penh;
- Cambodia HK Ltd., 2nd Branch (permanently closed), Meanchey, Phnom Penh;
- Cambodia Sportwear Mfg., Ltd., Meanchey, Phnom Penh;
- Cambodian Hoi Fu Garments and Knitting Factory Co., Ltd., Dangkor, Phnom Penh;
- Cambotex (permanently closed), Russey Keo, Phnom Penh;
- Chung Fai Knitwear and Dyeing Factory, Ltd., Meanchey, Phnom Penh;
- Duson Cambodia Co., Ltd. (permanently closed; changed to ASD (Cambodia) Co., Ltd.), Angsnuol, Kandal;
- Ecent Cambodia Knitting Co., Ltd., Angsnuol, Kandal;
- Evergreen Garment Co., Ltd., Russey Keo, Phnom Penh;
- Franco Knitting Garment Factory Ltd., Angsnuol, Kandal;
- Grandtex International Co., Ltd., Meanchey, Phnom Penh;
- Ho Hing Garment Co., Ltd*1., Russey Keo, Phnom Penh;
- Honey Wear Garment Co., Ltd., Angsnuol, Kandal;
- Khmer International Garment Ltd. (permanently closed), Mittapheap, Sihanouk Ville;
- Kin Tai Garment Co., Ltd., Meanchey, Phnom Penh;
- Khun Mao Hsing, Ltd., Angsnuol, Kandal;
- Mighti Spectra Knitting Factory Co., Ltd., Russey Keo, Phnom Penh;
- Ocean Garment Co., Ltd., Chamcamon, Phnom Penh;
- Olympic Garment (permanently closed), Russey Keo, Phnom Penhv;
- Ospinter Garment Mfg. (Cambodia) Ltd., Meanchey, Phnom Penh;
- Pak Shun Knitting Factory Ltd., Meanchey, Phnom Penh;
- Rao Yuan Garments Corp., Mittapheap, Phnom Penh;
- San San Garment (Cambodia) Co., Ltd., Meanchey, Phnom Penh;
- Sportex Industry Co., Ltd., Russey Keo, Phnom Penh;
- Suntex Pte. Ltd., Dangkor, Phnom Penh;
- Tai Yang Enterprise Co., Ltd., Angnuol, Kandal;
- Tommy Textiles Manufacturing Co., Ltd. (temporarily closed), Dangkor, Phnom Penh;
- Trico (Cambodia) Textile Co., Ltd., Mittapheap, Sihanouk Ville;
- United Knitting Mfg. (Cambodia) Co., Ltd., Mittapheap, Sihanouk Ville;
- Vivatino Design (Cambodia) Pte., Ltd., Russey Keo, Phnom Penh;
- Yung Wah Industrial (Cambodia) Co., Ltd., Takhmao, Phnom Penh;
The sections below show the progress in implementing suggestions made to the factories by the project. Each subject heading contains a table listing the suggestions made to factories and indicating the implementation status (implemented, partly implemented, not implemented, or new) for the relevant factories. Thus, the combined number of factory names listed for each suggestion reflects the total number of factories for which a particular suggestion was made. While the project undertakes to ensure that suggestions are standardised, this is not always possible since situations in factories differ. The overview given therefore contains some suggestions that overlap.
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Key
| The following symbols have been used in Section 2.1 of the report to identify factories at which a particular suggestion applies to specific types of workers, and factories for which the suggestion initially included more than one compnent: |
| * |
Indicates factories at which the suggestion originally made to the factory included more than one component. In this report, the suggstion has been broken up into its component parts. |
| (A) | Indicates factories at which the suggestion applies only to apprentices. |
| (C) | Indicates factories at which the suggestion applies only to casual workers. |
| (P) | Indicates factories at which the suggestion applies only to piece-rate workers. |
| (PW) | Indicates factories at which the suggestion applies only to probationary workers. |
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2.1 Working conditions
2.1.1 Internal regulations
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| establish the internal regulations on training of apprentices | | | Cambodia Sportwear, Rao Yuan | Ecent |
| ensure that the internal regulations comply fully with the law | Honey Wear, Rao Yuan, Suntex | Yung Wah Industrial | Ecent, chung Fai, Khun Mao Hsing | Rao Yuan (amended regulations) |
| post the internal regulations in the workplace and at the hiring office | Broadland, Chung Fai, Ho Hing, Rao Yuan | |
Pak Shun | |
| ensure that the internal regulations are legible and easily accessible |
Cambodian Hoi Ru, Ecent, Khun Mao Hsing |
|
|
|
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2.1.2 Employment contract
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| make sure that workers are not required to pay anyone to get a job | Evergreen, Franco | | Cambodian Hoi Fu, Chung Fai, Pak Shun | Honey Wear, Vivatino, Yung Wah Industrial |
| not require workers to post a bond or a cash guarantee in order to sign or maintain an employment contract | Franco | Grantex | | |
| make sure that the employment contract specifies the terms and conditions of employment | | | Cambodian Hoi Fu | |
| amend clauses in the employment contracts that do not comply with the law | Ho Hing, Grantex | Cambodian Hoi Fu | Kin Tai, Ospinter, Yung Wah Industrial | Cambodian Hoi Fu (amended contracts) Franco, Grantex, Honey Wear, Suntex, United Knitting |
| ensure that workers understand the terms and conditions of their employment contracts | Ecent, Evergreen, Honey Wear, Rao Yuan, San San, Sportex | | Pak Shun, Ocean, Ospinter | Franco |
| not place workers on probation for more than 3 months | Honey Wear, Khun Mao Hsing | Grantex | United Kniting, Vivatino | |
| ensure that apprenticeship contracts comply with the law | Chung Fai, Rao Yuan | | Ecent, United Knitting | Franco |
| ensure that apprenticeship contracts do not exceed 2 months | Ecent | | Rao Yuan | |
| give casual workers the same rights as regular workers | Chung Fai, Evergreen, Ho Hing, Suntex | | Trico | Rao Yuan |
| only employ casual workers for specific work for a short period of time | Chung Fai, Ho Hing, San San, Suntex, Tai Yang | | Evergreen, Khun Mao Hsing, Kin Tai, Ospinter, Vivatino | |
| only terminate workers for valid reasons | | | Pak Shun, Rao Yuan | |
| pay workers they dismiss the correct indemnity for dismissal | Evergreen, Rao Yuan, Sportex, Suntex | | Trico | |
| pay workers damages when there is no valid reason for termination by the employer | | | | Tai Yang |
| pay workers they terminate damages equal to the wages that would have been paid through the end of the contract when the employee has not committed a serious offence | | | Broadland*, Pak Shun (PW) | Vivatino |
| continue to provide workers accommodation while work is suspended | | | | Rao Yuan |
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2.1.3 Collective agreement
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| ensure that the collective agreement complies with the law | | Evergreen | Franco | |
| post the collective agreement in the workplace | Evergreen | | | |
2.1.4 Wages
| Management should |
Implemented |
Partly implemented |
Not implemented |
New |
| post minimum wage information in the workplace |
Chung Fai, Ecent, Ho Hing, Honey Wear, Khun Mao Hsing, Rao Yuan |
|
Cambodian Hoi Fu, Pak Shun, Suntex | |
| explain to workers the items that make up their wages and the terms of payment before the workers start work, and each time the terms, items, or style changes |
Cambodia Sportwear (P), Chung Fai (P) |
|
Evergreen | Chung Fai, Pak Shun |
| explain to workers the rate of normal overtime, night time work, and work on Sundays and public holidays |
|
|
Evergreen, Pak Shun | Ocean (C) |
| ensure that workers understand the calculation of wages |
Cambodian Hoi Fu, Ecent, Suntex |
Evergreen, Grantex, Ho Hing (P), Rao Yuan, Vivatino |
Chung Fai, Honey Wear | Franco, Mighti |
| provide clearly written payslips to workers |
Chung Fai, Franco, Honey Wear |
|
Cambodia Sportwear, Ho Hing (P) | |
| set the production target at a level that permits a worker of average ability working normal hours to earn the minimum wage |
|
|
Evergreen | Ocean |
| set the piece rate at a level that permits a worker of average ability working normal hours to earn minimum wage |
Chung Fai, Mighti, Suntex |
Trico |
Broadland, Cambodian Hoi Fu, Cambodia Sportwear, Rao Yuan, United Knitting | |
| pay piece-rate workers overtime based on their piece rate earned when this is more than minimum wage |
|
|
Evergreen | |
| pay workers from the date they start work, including during the pre-trial period |
San San |
|
Khun Mao Hsing | Rao Yuan, United Knitting |
| pay workers on probation at least $40 per month for ordinary hours of work (8 hours for 26 days per month, not including any overtime, work on Sundays, public holidays or at night) |
Grantex |
|
Cambodian Hoi Fu | |
| pay workers at least $45 per month for ordinary hours of work (8 hours for 26 days per month, not including any overtime, work on Sundays, public holidays or at night) |
Grantex (C), Rao Yuan |
|
Broadland (C)*, Kin Tai (C), Ocean (C) | Cambodian Hoi Fu, Vivatino (C) |
| pay workers minimum wage during months with less that working days |
Mighti |
|
| |
| pay workers double their normal pay for work at night (between 22:00 and 05:00) |
Archid, Cambodian Hoi Fu, Pak Shun, Suntex, Vivatino |
Ecent |
Chung Fai, Ho Hing, Khun Mao Hsing, Ocean, Rao Yuan, United Knitting (P)* | |
| pay all workers double their normal pay for work during weekly time off (Sunday) |
|
|
United Knitting (P)* | |
| pay workers who work on public holidays their wage for one day (in addition to their normal daily wage) |
|
Cambodian Hoi Fu |
United Knitting (P)* | |
| pay workers 150% their normal pay for overtime work performed on a normal workday before 22:00 |
Cambodian Hoi Fu, Khun Mao Hsing (P), Mighti, Pak Shun (P) |
|
Grantex (P) | |
| give all workers 1,000 Riels for a meal or a reasonable free meal if they work overtime |
Evergreen, Rao Yuan |
|
United Knitting | Ocean (C) |
| pay all workers who work regularly the attendance bonus of $5 per month |
Cambodian Hoi Fu, Grantex (C, PW) |
Broadland (C)*, Honey Wear*, Khun Mao Hsing |
Ocean*, Khun Mao Hsing (C) | Vivatino (C) |
| pay the $5 attendance bonus, even if a worker does not work overtime, Sundays or public holidays |
|
|
Rao Yuan, United Knitting | |
| pay a seniority bonus to all workers:
-$2 per month for working more than 1 year
-$3 per month for working more than 2 years
-$4 per month working more than 3 years
-$5 per month for working more than 4 years
|
Cambodian Hoi Fu, Ospinter, Rao Yuan |
|
Evergreen* | |
| not deduct more than the basic daily wage for an unauthorised absence |
Cambodian Hoi Fu, Khun Mao Hsing |
|
Ecent, Ocean | |
| not punish workers by imposing fines or deducting wages |
Cambodian Hoi Fu, Ho Hing |
Rao Yuan |
| Mighti |
| not impose fines or deduct wages from workers who do not work overtime, Sundays or Public Holidays |
Franco |
|
Rao Yuan | |
| not charge workers more than the cost of the ID card when replacing a worker's lost ID card |
|
San San |
Vivatino | Franco, Ocean, Yung Wah Industrial |
| not require workers to provide a guarantee or post a bond in order to be provided with work equipment |
|
Rao Yuan |
| Vivatino |
| pay workers during normal working hours |
|
Ocean |
Vivatino | Rao Yuan, Tai Yang |
| use the correct exchange rate when converting workers' wages from dollars to Riels |
|
Archid |
Rao Yuan | |
| keep a detailed payroll ledger in Khmer that is easy to understand |
Cambodia Sportwear, Ecent, Trico*, Yung Wah Industrial, Mighti |
Ho Hing, Ocean |
Suntex | Grantex, United Kniting |
| include the starting dates for workers in the payroll ledger |
Trico* |
Evergreen |
Suntex* | Grantex |
| ensure that the payroll ledger accurately reflects the wages actually paid to workers |
|
|
Ho Hing | Yung Wah Industrial |
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2.1.5 Hours of work
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| ensure that normal working hours do not exceed 8 hours per day, 6 days a week | Chung Fai, Khun Mao Hsing, Rao Yuan | | | |
| ensure that apprentices work only 6 hours per day, 5 days per week | | | | Honey Wear |
| give workers weekly time off (at least 24 consecutive hours off per week) | Cambodian Hoi Fu, Honey Wear | | | |
| ensure that work on Sundays is voluntary | Cambodian Hoi Fu*, Trico* | | Rao Yuan, United Kniting* | |
| ensure that work on Sundays is exceptional | Archid, Trico* | | United Knitting* | |
| ensure that work on Public Holidays is voluntary | Cambodian Hoi Fu*, Sportex*, Trico, Yung Wah Industrial | | Ecent, Rao Yuan, United Knitting* | |
| ensure that work on Public Holidays is exceptional | | | United Knitting* | |
| ensure that overtime work is voluntary | Chung Fai*, Ecent*, Evergreen*, Ho Hing*, Kin Tai*, Khun Mao Hsing*, Sportex*, Tai Yang*, Yung Wah Industrial | Broadland, Cambodian Hoi Fu*, Trico* | Archid*, Grantex*, Honey Wear*, Ocean* (C), Rao Yuan, United Knitting* | San San |
| ensure that overtime work is exceptional | Archid*, Mighti*, Trico* | | Broadland, Chung Fai*, Cambodian Hoi Fu*, Cambodia Sportwear, Ecent*, Evergreen*, Grantex*, Ho Hing*, Honey Wear*, Kin Tai*, Khun Mao Hsing*, Ocean*, Ospinter*, Rao Yuan, Sportex, Tai Yang*, United Knitting*, Yung Wah Industrial | San San |
| ensure that overtime work does not exceed 2 hours per day | Archid*, Grantex*, Honey Wear*, Mighti*, Yung Wah Industrial* | Broadland, Tai Yang*, Trico* | Chung Fai*, Ecent*, Evergreen*, Franco, Ho Hing*, Kin Tai*, Khun Mao Hsing*, Ocean*, Ospinter*, Pak Shun, Rao Yuan, San San, Suntex, United Knitting*, Vivatino | Cambodia Sportwear |
| not punish workers who do not work overtime, Sundays or Public Holidays | Cambodian Hoi Fu, Evergreen | | United Knitting | Archid, Rao Yuan |
| provide transportation for workers who finish work between 22:00 and 05:00 if management has not provided a place for night workers to sleep | | Broadland, Cambodia Sportwear, Evergreen, ho Hing, United Knitting, Vivatino | | |
| get permission from the Labour Inspector before suspending the weekly break | Cambodian Hoi Fu | | Chung Fai, Ecent, Ho Hing, Rao Yuan, Sportex | Pak Shun, San San |
| get permission from the Labour Inspector before workers work overtime | | | Chung Fai, Honey Wear, Ocean, Ospinter, United Knitting | Ecent, Pak Shun |
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2.1.6 Leave
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| post the list of national public holidays in the factory | | | Pak Shun | |
| give workers 18 days of paid annual leave each year | Chung Fai, Trico | Broadland, Ocean, Rao Yuan | Pak Shun, United Knitting | |
| ensure that annual leave is provided without wage deductions | Cambodian Hoi Fu, Grantex, Ho Hing, Khun Mao Hsing | | | |
| allow workers to take their annual leave without imposing unreasonable restrictions | Archid, Tai Yang | | Khun Mao Hsing, Vivatino, Yung Wah Industrial | Honey Wear |
| get workers' consent to convert annual leave to cash compensation | Ecent, Khun Mao Hsing, Ospinter, San San | | Chung Fai, Ocean*, Rao Yuan, Trico | Evergreen, Pak Shun, San San |
| consider adopting or amending the Internal Regulations to provide paid sick leave to workers for illnesses certified by a qualified doctor as follows:
-100% wage for the first month
-60% wage for the second month
-40% wage for the third month
-no wage payment for months 4-6
| | Evergreen | Archid, Cambodian Hoi Fu, Chung Fai, Ecent, Ho Hing, Honey Wear, Khun mao Hsing, Pak Shun, Rao Yuan, United Knitting | |
| not fire workers if they take more than 3 days sick leave | | Pak Shun | Grantex | |
| provide paid sick leave as required by the factory's internal regulations | San San, Tai Yang | Broadland | Ocean*, Ospinter, Vivatino* | |
| not unreasonably restrict workers from taking sick leave | Cambodia Sportwear, Franco, Sportex | Grantex, Pak Shun | Trico, United Knitting | Broadland, Ocean |
| consider giving workers up to 7 days per year of paid special leave for events affecting the worker or the worker's immediate family | Ho Hing, Ospinter | Broadland, Cambodian Hoi Fu, Ecent | Chung Fai, Evergreen, Khun Mao Hsing, Ocean, Pak Shun, Rao Yuan, Vivatino | Yung Wah Industrial |
| allow workers to take special leave for events affecting the worker of the worker's family, including the employee's wedding, the employee's spouse giving birth, illness or death in the employee's family, and marriage of the employee's child | | | Suntex | Ospinter |
| not deduct the $5 attendance bonus when workers take special leave | | | Evergreen* | Franco, Ocean, Vivatino |
| not unreasonably restrict workers from taking special leave | | Grantex | | |
| ensure that workers can take special leave without any undue restrictions, including wage deductions | Archid, Honey Wear, Sportex, Tai Yang* | | Trico, United Knitting | Ho Hing |
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2.1.7 Maternity leave
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| give workers 90 days of maternity leave | Evergreen, Honey Wear, Sportex | | | |
| pay workers on maternity leave who have worked for one year half-pay, including other benefits | Archid, Broadland, Evergreen*, Ospinter*, Tai Yang, Vivatino | Cambodian Hoi Fu, Chung Fai, Ecent, Khun Mao Hsing, Pak Shun, Rao Yuan | Ho Hing, United Knitting | Ocean, Yung Wah Industrial |
| pay workers on maternity leave their maternity benefits before or during leave | Ospinter* | | Chung Fai, Evergreen, Ho Hing* | Archid, Broadland, Ecent, Khun Mao Hsing, Pak Shun, Rao Yuan |
| allow workers to do light work during the first two months after their maternity leave | | | Sportex | |
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2.1.8 Breast-feeding
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| provide workers one hour of time-ogg per day with pay for breast-feeding during the first year after the baby is born | Broadland*, Evergreen, Mighti, Tai Yang | Honey Wear, Vivatino (P) | Franco, Grantex*, Ocean*, Sportex | |
| make sure that workers are aware of their right to one hour of time-off per day for breast-feeding during the first year after the baby is born | Broadland*, Evergreen, Suntex, Trico | Ecent | Archid, Cambodian Hoi Fu, Chung Fai, Grantex*, Ho Hing, Khun Mao Hsing, Ocean, Pak Shun, Rao Yuan, Yung Wah Industrial, United Knitting | |
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2.1.9 Nursing room/day care centre
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| set up a functioning and accessible nursing room | Franco, Tai Yang | | Archid, Broadland, Cambodian Hoi Fu, chung Fai, Evergreen, Ecent, Franco, Grantex*, Ho Hing, Honey Wear*, Khun Mao Hsing*, Kin Tai, Ocean, Pak Shun, Rao Yuan*, San San, Sportex*, Suntex, Trico*, Vivatino*, Yung Wah Industrial | Ospinter |
| set up a day care centre at or near the workplace, or pay the childcare costs of women employees | Franco, Ho Hing, Mighti, San San, Sportex* | Mighti | Archid, Broadland, Cambodian Hoi Fu, Cambodia Sportwear, Chung Fai, Ecent, Evergreen*, Grantex*, Honey Wear*, Khun Mao Hsing*, Kin Tai, Ocean, Ospinter, Pak Shun, Rao Yuan*, Trico*, Yung Wah Industrial, Tai Yang, United Knitting, Vivatino | |
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2.1.10 Sexual harassment
One factory had continuing problems with a line supervisor touching women workers on the shoulder or cheek to discipline them or make them work faster.
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| ensure that there is no sexual harassment in the factory | | | Ocean | |
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2.1.11 Indecent behaviour
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| Management, including line supervisors, should treat workers with respect | Broadland, Cambodian Hoi Fu, Khun Mao Hsing, Pak Shun, Sportex, Trico, Yung Wah Industrial | Rao Yuan | Ocean, Suntex, United Knitting, Vivatino | Cambodia Sportwear, Chung Fai, Ecent, Honey Wear, San San, Tai Yang |
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2.1.12 Discrimination
There were no incidents of discrimination reported in any of the factories.
2.1.13 Forced labour
There were no indications that forced labour was practiced in any of the factories.
2.1.14 Child labour
In one factory (Cambodian Hoi Fu), monitors observed some workers who appeared to be under age. The birth dates for these workers were altered in pen in the documents attached to their employment contracts. Further investigation confirmed that none of these workers was under age at the time of the monitoring visit.
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| use reliable documents to verify the age of workers prior to hiring | Rao Yuan | | Cambodian Hoi Fu | |
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2.2 Safety and health
2.2.1 Safety and health policy
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| develop a health and safety policy | Cambodia Sportwear, Evergreen, Grantex, Mighti, Tai Yang | Franco, Rao Yuan | Archid, Broadland, Cambodian Hoir Fu, Chung Fai, Ecent, Ho Hing, Honey Wear, Khun Mao Hsing, Kin Tai, Ocean, Ospinter, Pak Shun, San San, Trico, United Knitting*, Vivatino | |
| post the health and safety policy in the workplace and explain it to the workers | | | The United Knitting* | Evergreen, Mighti |
| post safety and health information (e.g., posters and signs) in the workplace | | | Broadland, Trico | |
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2.2.2 Work-related accidents/illnesses
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| keep a record of work-related accidents/illnesses | Rao Yuan* | | Trico*, United knitting* | |
| notify the Social Security Department of work-related accidents or illnesses within 48 hours of their occurrence | Tai Yang | | Ecent, Khun Mao Hsing, Rao Yuan*, Trico*, United Knitting* | |
| provide a summary report of work-related accidents/illnesses to the Social Security Department every six months | Broadland | | Honey Wear, United Knitting | Pak Shun |
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2.2.3 Compensation for accidents/illnesses
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| compensate workers for work-related accidents/illnesses, including accidents that happen on the way to and from work | Cambodia Sportwear, Mighti, the United Knitting, Tai Yang | | Ecent, Evergreen, Ho Hing, Khun Mao Hsing, Rao Yuan | |
| pay workers their wages when work-related accidents or illnesses cause them to miss work | | Cambodian Hoi Fu, Honey Wear | | Archid, Sportex |
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2.2.4 Emergency arrangements
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| clearly mark all emergency exit doors | Cambodian Hoi Fu, Rao Yuan | | | |
| consider widening the existing exit doors | Ocean | | | |
| ensure that all exit doors are open/unlocked during working hours, including overtime | | | Ecent*, Pak Shun | |
| ensure that all exit doors are accessible | Sportex, Yung Wah Industrial | | | |
| hold regular emergency drills | Honey Wear, Ospinter, Rao Yuan, United Knitting | Pak Shun | Cambodian Hoi Fu, Chung Faim Ecent*, Ho Hing, Trico, Vivatino | Kin Tai, Ocean, San San |
| ensure that fire extinguishers are regularly serviced | Ecent, Honey Wear, United Knitting | | | Ho Hing |
| train an appropriate number of workers to use the fire extinguishers, including both men and women workers | | | | Kin Tai |
| post safety signs/notices in the workplace | Honey Wear | | Cambodian Hoi Fu | Cambodia Sportwear, Ho Hing |
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2.2.5 First Aid
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| provide a sufficient number of first aid boxes in the workplace | Archid, Cambodian Hoi Fu, Honey Wear, Grantex*, Rao Yuan | Trico | Chung Fai, Ecent, Ho Hing, Ospinter*, Pak Shun, United Knitting, Yung Wah Industrial | |
| properly stock the first aid boxes | Franco, Khun Mao Hsing, Mighti, Vivatino | | Evergreen, Ho Hing*, Kin Tai, Ospinter* | Broadland, Chung Fai, Honey Wear, Ocean |
| ensure that the first aid boxes are easily accessible | Grantex*, Rao Yuan | | Kin Tai, Pak Shun | |
| provide first aid training to workers | | | | Kin Tai |
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2.2.6 Infirmary
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| set up an infirmary for workers' use | Honey Wear | | United Knitting | |
| expand the hospitalisation capacity of the infirmary | Franco | Cambodian Hoi Fu, Ho Hing, Tai Yang | Archid, Broadland, Cambodia Sportwear, Chung Fai, Ecent*, Evergreen, Grantex*, Khun Mao Hsing, Kin Tai, Ocean, Ospinter, Pak Shun, Rao Yuan*, San San, Sportex, Trico, Vivatino, Yung Wah Industrial | Honey Wear |
| recruit a doctor | Grantex*, Tai Yang* | | Cambodian Hoi Fu, Ecent*, Trico | Honey Wear, Rao Yuan |
| recruit one (more) nurse | Grantex*, Kin Tai, Ocean*, Tai Yang | | Broadland, Cambodian Hoi Fu, Ecent*, Evergreen*, Sportex, Vivatino | Archid |
| ensure that the nurse/doctor treats workers with respect | Evergreen | | Ho Hing Yung Wah Industrial | |
| ensure that a nurse/doctor is on duty during the required number of hours (including overtime) | Franco, Grantex*, Khun Mao Hsing, Mighti, San San | Archid, Rao Yuan, Trico | Broadland, Chung Fai, Ecent*, Evergreen, Ocean, Ospinter, Pak Shun | Kin Tai, Honey Wear, Vivatino |
| ensure that the infirmary has enough medicine and medical equipment | Franco | | Archid, Ecent*, Grantex*, Ho Hing, Khun Mao Hsing, Ocean*, Ospinter, Rao Yuan*, Sportex | Chung Fai, Kin Tai, Honey Wear, Vivatino |
| provide electrical fans in the infirmary and hang up curtains around the beds | | | | Cambodian Hoi Fu |
| ensure that the infirmary is clean | | | | Chung Fai |
| consider installing a toilet near the infirmary | | | | Kin Tai, Mighti |
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2.2.7 Storage/Use of Hazardous Substances
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| properly store chemicals in a separate area of the workplace | | | Kin Tai | Chung Fai, Ocean |
| properly label chemical containers in Khmer | | | Cambodian Hoi Fu*, Kin Tai, Ocean, Pak Shun | Chung Fai |
| post/provide chemical safety data sheets in Khmer | | Cambodian Hoi Fu | Archid, Chung Fai | Ocean |
| keep an inventory of chemicals used at the workplace | Mighti | | | |
| install exhaust ventilation in areas of the factory where chemicals are in use | | | | Kin Tai |
| separate areas of the factory where chemicals are used from other work areas | | | Pak Shun | |
| train workers to use chemical substances safely | Cambodian Hoi Fu | | | |
| provide proper equipment to workers who work with chemcial substances | Mighti | | | Cambodian Hoi Fu, Chung Fai, Yung Wah Industrial |
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2.2.8 Protective measures
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| provide masks and gloves to workers free of charge | Broadland, Honey Wear | Cambodia Sportwear, Kin Tai, Ocean, Rao Yuan, United Knitting*, Vivatino | Cambodian Hoi Fu, Ecent*, Ho Hing, Khun Mao Hsing, Trico, Pak Shun | |
| train/encourage workers to use protective clothing and equipment | Franco, Trico | Cambodia Sportwear, Chung Fai, Kin Tai, Sportex, Suntex, United Knitting* | Archid, Ecent*, Grantex, Ho Hing, Honey Wear, Pak Shun, Yung Wah Industrial | Broadland, Evergreen, Ocean, Rao Yuan, Vivatino |
| provide workers suitable footwear free of charge, or allow workers to use their own footwear in the workplace | Suntex | Evergreen Grantex, Pak Shun | Ocean | |
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2.2.9 Lighting
Lighting was not a problem with any of the factories.
2.2.10 Noise
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| reduce noise levels in the factory, or provide ear protection for workers | Mighti, Suntex | | Chung Fai, Evergreen, Ospinter, Pak Shun, Sportex | United Knitting |
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2.2.11 Machine Safety
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| ensure that the machines are well maintained | | | Ecent, Kin Tai, Trico | Chung Fai, Ho Hing |
| ensure that the electrical wiring system is properly maintained | Honey Wear | | | |
| equip the machines with safe/needle guards | | | Broadland, Chung Fai, Ecent, Ho Hing, Migthi, Rao Yuan, San San, Yung Wah Industrial, Vivatino | Cambodia Sportwear, Franco, Evergreen, Khun Mao Hsing, kin Tai, Honey Wear, Ocean, Sportex, Tai Yang, Trico |
| ensure that the space between the sewing machines is wide enough for workers to move easily | | | Franco, San San | |
| post warning signs/safety noticeson the electrical switch boxes | | | Ecent | Chung Fai |
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2.2.12 Ventilation and heat
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| take steps to reduce heat in the workplace | Grantex* | Sportex | Broadland, Cambodian Hoi Fu*, Franco*, Mighti*, Ospinter*, Trico* | The United Knitting, Kin Tai |
| improve ventilation and air circulation in the workplace | Ecent, Ho Hing, Khun Mao Hsing | Cambodia Sportwear, Yung Wah Industrial, San San | Cambodian Hoi Fu, Chung Fai, Evergreen, Franco, Grantex*, Honey Wear, Mighti*, Kin Tai, Ocean, Ospinter*, Rao Yuan, Pak Shun, Trico* | |
| introduce dust reduction measures | Tai Yang | | Cambodian Hoi Fu, Chung Fai, Franco, Ho Hing, Mighti*, Rao Yuan, United Knitting | Ocean, Pak Shun |
| keep fans and other ventilation systems in good repair | | | Ho Hing | Chung Fai, Honey Wear |
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2.2.13 Housekeeping
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| keep the workplace clean | Cambodian Hoi Fu, Ocean | | United Knitting | |
| keep the workplace tidy | | | Pak Shun | |
| ensure that the windows, walls, and/or ceilings are clean | | | Chung Fai, Ecent, Kin Tai, San San, Trico Vivatino | Ho Hing, Ospinter |
| ensure that access paths allow for two-way traffic | Sportex, Trico | Cambodia Sportwear | Cambodian Hoi Fu, Pak Shun, Yung Wah Industrial, The United Knitting, San San, Kin Tai, Vivatino | Ocean |
| keep all access ways clear and clean | | Grantex | Broadland, Evergreen, Khun Mao Hsing, Kin Tai, Ospinter, Pak Shun, Yung Wah Industrial | Honey Wear |
| ensure that raw materials and finished products are organised neatly | Rao Yuan, Sportex | | Ecent, Khun Mao hsing, Trico, Vivatino, Yung Wah Industrial | Cambodia Sportwear |
| ensure that tools and sagety switches are within easy reach of workers | | | | Chung Fai |
| ensure that the holes on the floor and the surface of transportation are repaired | | | United Knitting | |
| provide (enough) equipment for transporting heavy/bulky materials | Honey Wear, Vivatino | | | Ho Hing |
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2.2.14 Drinking water
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| provide safe drinking water | | | San San | Pak Shun |
| provide enough drinking water | | | | Ocean |
| provide cups or other sanitary means for drinking water | Evergreen, Suntex | Honey Wear*, Khun Mao Hsing | Archid, Broadland, Cambodian Hoi Fu, Chung Fai, Ecent, Grantex, Ho Hing, Ocean, Ospinter, Pak Shun, Rao Yuan, San San, United Knitting, Yung Wah Industrial | Franco, Trico, Vivatino |
| set up an additional drinking water station | Ospinter | | Mighti | Vivatino |
| ensure that the drinking area/water containers are clean/hygienic | Ecent | | Honey Wear | Broadland, Chung Fai |
| place the drinking water in an appropriate location | Grantex, Vivatino | | | |
| repair broken drinking water taps | | | | Ocean |
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2.2.15 Sanitation facilities
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| provide the number of toilets required by law | Trico | | Broadland, Cambodian Hoi Fu, Chung Fai, Ho Hing, Vivatino | |
| repair broken toilets | | Cambodia Sportwear | Cambodian Hoi Fu, Ecent*, Kin Tai, Ospinter, United Knitting*, Yung Wah Industrial | Broadland, Honey Wear, Ho Hing, Ocean |
| repair broken toilet doors | Sportex | | Ecent | Ospinter |
| increase the height of the toilet walls and doors | | | Honey Wear, United Knitting* | |
| provide one raised toilet for every 50 women employees | | | | Franco |
| clearly mark the toilets for use by female and male workers | | | Ospinter | |
| provide a washing facility near the toilets | | | | Ocean |
| ensure that all toilets are regularly cleaned | Tai Yang | | Cambodian Hoi Fu, Chung Fai, Ecent*, Evergreen*, Honey Wear, Kin Tai, Ospinter*, Rao Yuan*, Trico*, United Knitting, Vivatino | Ocean |
| ensure that the toilets have sufficient soap and water | Franco, Grantex, Rao Yuan*, Yung Wah Industrial | Khun Mao Hsing | Archid, Broadland, Cambodian Hoi Fu*, Cambodia Sportwear, Chung Fai, Ecent, Evergreen, Ho Hing, Honey Wer*, Kin Tai, Mighti, Ocean, Ospinter*, Pak Shun, San San, Trico*, Vivatino* | |
| not place undue restrictions on toilet use | Khun Mao Hsing | | Broadland, Ocean, United Knitting | |
| improve the lighting in the toilets | | | Evergreen | |
| provide suitable footwear that workers can wear when they use the toilets, or allow workers to wear their own footwear | Cambodian Hoi Fu | | | Yung Wah Industrial |
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2.2.16 Seating
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| provide adjustable chairs with back rests for workers who work sitting down | | Sportex, Tai Yang | Archid, Broadland, Cambodian Hoi Fu, Cambodia Sportwear, Chung Fai, Ecent, Evergreen, Franco, Grantex, Ho Hing, Honey Wear, Khun Mao Hsing, Kin Tai, Mighti, Ocean, Ospinter, Pak Shun, Rao Yuan, San San, Suntex, Yung Wah Industrial, United Knitting, Trico, Vivatino | |
| provide chairs near the workstation for workers who work in a standing position to rest on | Mighti | Chung Fai, Grantex, Ocean, Tai Yang | Archid, Broadland, Cambodian Hoi fun, Cambodia Sportwear, Evergreen, Ho Hing, Honey Wear, Khun Mao Hsing, Kin Tai, Ospinter, Pa, Shun, Rao Yuan, San San, Sportex, Suntex, Yung Wah Industrial, Trico, Vivatino | |
| not unduly restrict workers who work in a standing position from resting on chairs | | Ecent | | Ocean, Ospinter |
| ensure that workers do not work sitting on the floor | | | | Grantex |
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2.2.17 Eating area
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| provide reasonable quality food where it is provided | | | Evergreen | |
| get workers' consent before deducting wages for lunch | | | Evergreen | |
| not fine workers who do not have lunch at the company canteen | Evergreen | | | |
2.2.18 Personal belongings
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| set up a secure place for workers to store their personal belongings | | | | Ecent, Ho Hing, Ocean, San San |
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2.3 Labour Relations
2.3.1 Workers' freedom to organise
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| not interfere with the right of workers to form and join trade unions | Chung Fai, Evergreen, Khun Mao Hsing | | | |
| refrain from taking measures that may be perceived as an attempt to place the union activities under management control | Cambodian Hoi Fu, Chung Fai, Cambodia Sportwear, Ho Hing | | Evergreen | |
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2.3.2 Anti-union discrimination
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| not discriminate against workers for joining a union or engaging in union activities | Chung Fai, Ho Hing, Suntex | | | |
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2.3.3 Shop stewards
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| hold new shop steward elections | Khun Mao Hsing, Mighti | | Chung Fai, Tai Yang | Ospinter, Yung Wah Industrial |
| ensure that shop steward elections comply with applicable rules and procedures | | Archid, Honey Wear, Ocean, Pak Shun | Broadland, Cambodian Hoi Fu, Cambodia Sportwear, Chung Fai, Ecent, Grantex, Ospinter, Rao Yuan, Suntex, Trico, Vivatino | San San |
| ensure that the number of shop stewards elected complies with the law | | Khun Mao Hsing | Evergreen, Ho Hing | Ocean |
| provide shop stewards an office, a meeting room, office material and two hours per week to perform their tasks | Franco, Honey Wear, Mighti, San San | Archid, Suntex | Broadland, Cambodian Hoi Fu, Cambodia Sportwear*, Chung Fai, Evergreen, Ecent, Ho Hing, Ocean, Khun Mao Hsing, Kin Tai, Pak Shun, Rao Yuan, Sportex, Yung Wah Industrial, Tai Yang, United Knitting, Trico | San San |
| provide the labour law to shop stewards when they ask for it | | | | Ocean, San San |
| only dismiss shop stewards in accordance with the law | | | Chung Fai | |
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2.3.4 Liaison officer
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| appoint a liaison officer | Chung Fai, Ho Hing, Tai Yang | Franco | Broadland, Cambodian Hoi Fu, Ecent, Grantex, Honey Wear, Khun Mao Hsing, Ocean, Pak Shun, Rao Yuan, United Knitting | |
| consult with workers before appointing a liaison officer | | | Ecent, Evergreen | |
| inform workers about the appointment of the liaison officer | Trico | | Cambodia Sportwear | Kin Tai |
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2.3.5 Collective disputes
| Management should |
Implemented |
Partly implemented | Not implemented |
New |
| implement conciliation agreements | Cambodian Hoi Fu, Pak Shun | Ocean*, Vivatino | | Archid, Ho Hing |
| post conciliation agreements in the workplace | | | Ocean* | Ho Hing, Honey Wear |
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2.3.6 Strike/lockout
There were no strikes in sixteen factories.
Seven factories had one strike (Archid, Cambodia Sportwear, Cambodian Hoi Fu, Honey Wear, Kin Tai, Mighti, Vivatino), and one factory had 2 strikes (Ocean). The workers went on strike for the following reasons:
- late payment of wages (Ocean)
- incorrect payment of wages (Honey Wear)
- failure to increase wages (Cambodia Sportwear (P), Cambodian Hoi Fu (P), Kin Tai, Mighti (P), Ocean)
- failure to pay 50% wages during a suspension of work (Ocean)
- indecent behaviour by line leaders (Cambodian Hoi Fu, Honey Wear, Ocean)
- failure to provide special leave (Vivatino)
- failure to provide paid sick leave (Honey Wear)
- failure to provide maternity leave (Honey Wear)
- lack of time off for breastfeeding (Archid)
- failure to provide payment for annual leave (Cambodian Hoi Fu, Ocean, Vivatino)
- failure to hold shop steward elections (Ocean)
- dismissal of union leaders (Archid)
- failure to pay the attendance bonus (Cambodian Hoi Fu)
- failure to resolve a conflict between workers and management/line leader (Honey Wear, Ocean)
- dismissal of shop stewards (Archid)
- failure to provide shop stewards with a meeting place, 2 hours per week to meet, etc. (Archid)
- failure to meet with shop stewards and union leaders (Ocean)
- failure to provide an infirmary (Honey Wear)
- failure to provide decent toilets (Honey Wear)
- no day care centre (Archid)
In four instances, an agreement was reached with the assistance of MOLVT (Archid, Cambodian Hoi Fu, Honey Wear, and Mighti), and in two instances without assistance (Cambodia Sportwear, and Kin Tai).
Management partially implemented the agreement in five factories (Archid, Cambodian Hoi Fu, Honey Wear, Ocean, and Vivatino). In two factories the status of implementation was unknown (Cambodia Sportwear and Mighti).
None of the strikes were organised in accordance with all the applicable rules and procedures, but workers in one factory gave 7 days prior notice to management (Cambodian Hoi Fu). All but one of the strikes were peaceful (Mighti).
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2.3.7 Individual disputes
There were no suggestions made to management regarding the handling of individual disputes in the factories.
3 Summary of implementation status by factory
This section provides an overview of progress made by each factory in implementing the suggestions. Factories that had closed down or suspended operations prior to the second follow-up visit are not listed here. Indications made with regard to new suggestions reflect changes in situations where previously no suggestion was made, changes to an initial suggestion based on new developments, or a situation where refinements in the interpretation of the checklist warranted offering new suggestions.
Archid Garment Factory Co., Ltd.: Of 24 suggestions
made, 7 had been implemented, 6 had been partly implemented, 10 had not been
implemented, and 1 had been dropped because it was no longer relevant. Six new suggestions were made.
Broadland Cambodia Garment, 1st Branch: Of 36 suggestions made, 6 had been
implemented, 6 had been partly implemented, 23 had not been implemented, and 2
were dropped because they were no longer relevant. Six new suggestions were made.
Cambodia Sportwear Mfg., Ltd.: Of 24 suggestions made, 6 had been implemented, 3 had been
partly implemented, 14 had not been implemented, and 1 was dropped because it
was no longer relevant. Five new
suggestions were made.
Cambodian Hoi Fu Garments and Knitting Factory Co., Ltd.: Of 60 suggestions made, 22
had been implemented, 8 had been partly implemented, 28 had not been
implemented, and two were dropped because they were no longer relevant. Five
new suggestions were made.
Chung Fai Knitwear and Dyeing Factory
Co., Ltd.: Of 53 suggestions made, 14 had been
implemented, 2 had been partly implemented, 35 had not been implemented, and 2
were dropped because they were no longer relevant. Thirteen new suggestions
were made.
Duson Cambodia Co., Ltd. changed to ASD (Cambodia) Co., Ltd.: Due to
substantial changes including new registration with the project, this factory
will be covered in the later report.
Ecent Cambodia Knitting Co., Ltd.: Of 43 suggestions made, 9 had been implemented, 6 had been partly implemented, and 38 had not been implemented.Four new suggestions were made.
Evergreen Garment Co., Ltd.: Of 47 suggestions made, 14 had been implemented, 7 had been partly implemented, 25 had not been implemented, and one was dropped because it was no longer relevant. Four new suggestions were made.
Franco Knitting Garment Factory Co.,
Ltd.: Of 23 suggestions made, 14 had been
implemented, 2 had been partly implemented, and 7 had not been
implemented. Nine new suggestions were
made.
Grandtex International Co., Ltd.: Of 36 suggestions made, 9 had been implemented, 9 had been partly implemented, 12 had not been implemented, and 6 were dropped because they overlapped or were no longer relevant. Four new suggestions were made.
Ho Hing Garment Co., Ltd.: Of 41 suggestions made, 12 had been implemented, 4 had been partly implemented, and 25 had not been implemented.Nine new suggestions were made.
Honey Wear Garment Co., Ltd.: Of 37 suggestions made, 17 had been implemented, 6 had been partly implemented, 12 had not been implemented, and 2 were dropped because they were no longer relevant. Seventeen new suggestions were made.
Kin Tai Garment Co., Ltd.: Of 24 suggestions made, 1 had been implemented, 2 had been partly implemented, 20 had not been implemented, and 1 had been dropped because it was no longer relevant. Ten new suggestions were made.
Kun Mao Hsing, Ltd.: Of 52 suggestions made, 16 had been implemented, 6 had been partly implemented, 21 had not been implemented, and 9 had been dropped because they were no longer relevant. Two new suggestions were made.
Mighti-Spectra Knitting Factory Co.,
Ltd.: Of 24 suggestions made, 17 had been
implemented, 1 had been partly implemented, 5 had not been implemented, and 1
was dropped because it was no longer relevant.
Ocean Garment Co, Ltd.: Of 34 suggestions made, 2 had been implemented, 7 had been partly implemented, 23 had not been implemented, and 2 were dropped because they were no longer relevant. Twenty-four new suggestions were made.
Ospinter Garment Mfg. (Cambodia): Of 28 suggestions made, 6 had been implemented, and 22 had not been implemented. Five new suggestions were made.
Pak Shun Knitting Factory Ltd.: Of 44 suggestions made, 3 had been implemented, 6 had been partly implemented, 33 had not been implemented, and 2 were dropped because they were no longer relevant. Eight new suggestions were made.
Rao Yuan Garment Ltd.: Of 67 suggestions made, 23 had been implemented, 10 had been
partly implemented, 25 had not been implemented, and 9 were dropped because
they were no longer relevant. Ten new
suggestions were made.
San San Garment (Cambodia) Co., Ltd.: Of 23 suggestions made, 8 had been implemented, 2 had been partly implemented, 12 had not been implemented, and 1 was dropped because it was no longer relevant. Ten new suggestions were made.
Sportex Industry Co., Ltd.: Of 28 suggestions made, 11 had been implemented, 4 had been partly implemented, 11 had not been implemented, and 2 were dropped because they were no longer relevant. Two new suggestions were made.
Suntex Pte, Ltd.: Of 27 suggestions made, 14 had been implemented, 3 had been partly implemented, 9 had not been implemented, and one had been dropped because it was no longer relevant.
Tai Yang Enterprise Co., Ltd.: Of 22 suggestions made, 14 had been implemented, 3 had been partly implemented, and 5 had not been implemented.Four new suggestions were made.
Trico (Cambodia) Textile Co., Ltd.: Of 39 suggestions made, 10 had been implemented, 4 had been partly implemented, 23 had not been implemented, 1 was combined, and 1 was dropped because it was no longer relevant. Two new suggestions were made.
United Knitting Mfg. (Cambodia) Co., Ltd.: Of 43 suggestions made, 4 had been
implemented, 1 had been partly implemented, and 38 had not been
implemented. Six new suggestions were
made.
Vivatino Design (Cambodia) PTE., Ltd.: Of 32 suggestions made, 5 had been implemented, 4 had been partly implemented, 23 had not been implemented and one was dropped because it was no longer relevant. Twelve new suggestions were made.
Yung Wah Industrial (Cambodia) Co., Ltd.: Of 23 suggestions made, 5 had been implemented, 2 had been partly implemented, and 16 had not been implemented. Nine new suggestions were made.
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Concluding remarks
This report is the sixth in a series
with factory names. There is no evidence of forced labour in any of the
factories monitored under the project. Evidence of discrimination against workers, including pregnant workers,
was not found in any of the factories included in this tenth report though
sexual harassment was still a problem in one factory. No factories had any
confirmed incidences of child labour. While problems still remain, there has
been some improvement in the correct payment of wages. Most factories that had problems ensuring
that overtime work is undertaken voluntarily have made improvements in this
regard, although a number of factories still have problems ensuring that
overtime hours are within legal limits. Every factory that had problems
ensuring freedom of association has made some progress in addressing these
issues though the issue of perceived control of the union by the employer
remained a problem in one factory. In most of the factories progress has been
made in improving working conditions, but obstacles still persist. In general
terms, a significant percentage of the suggestions made by the project for
improvement in this group of factories were implemented or partly implemented. A
substantial number of factories continue to implement suggestions while a small
number of factories made little effort to improve.
Specifically:
- 934 suggestions were made for the group. This represents an average of 36 suggestions per factory.
- 269, or 30% of these suggestions were implemented.
- 114, or 13% had been partly implemented.
- 383, or 43% were either fully or partly implemented.
The ILO will continue working with all
parties involved to bring about further improvements. Having been extended for
2 years, the project will shift its focus to making the monitoring system
sustainable and establishing mechanisms to systematically address the problems
identified. It will extend the remediation programme to more factories in
2004-2005 to assist in improving working conditions and productivity, as well
as develop tools that can be used sector-wide to ensure compliance with the law
and internationally recognized labour standards.
* * *
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STATEMENT OF THE PROJECT ADVISORY COMMITTEE ON THE RELEASE OF THE TENTH ILO SYNTHESIS REPORT ON THE WORKING CONDITIONS IN CAMBODIA’S TEXTILE AND APPAREL SECTOR
- On 28 January 2005, the Project Advisory Committee (PAC) of the ILO Better Factories Cambodia2 project, met in Phnom Penh to review and endorse the tenth ILO Synthesis Report on the working conditions in Cambodia's garment industry. The PAC comprises three representatives each from the Government of Cambodia, the Garment Manufacturers Association in Cambodia and the Cambodian trade union movement.
- The members of the PAC welcome the release of the report and once again express their appreciation to the ILO project team, which continues to demonstrate a fair and thorough approach in making its assessments.
- We believe that the decision of the PAC to support the ILO program has brought positive benefits to all of the parties in Cambodia and has led to better working conditions, greater respect for the rights of workers and higher productivity.
- We note with satisfaction that this report confirms that there is no evidence of forced labour in the factories surveyed.
- We are also pleased to note that there were no incidents of discrimination reported in any of the factories. However there was minor incidence of sexual harassment reported in one factory.
- Further, we are pleased that no incidents of child labour were found.
- In the majority of factories covered by this report there were no violations of basic trade union rights, and in fact, improvement has been observed. However there remains room for improvement in areas of industrial relations where strike action has been evidenced at many factories, and related agreements not fully implemented.
- We note that there has been further improvement in the correct payment of wages. But we note with regret that this report again indicates that the payment of wages and the nature and frequency of overtime work remain problems in a number of factories in Cambodia. While this has shown improvement, we call upon all identified employers to fulfil their legal obligations in this respect.
- While most factories covered by this report have made solid progress in improving working conditions, the PAC regrets that a few factories appear to have made limited efforts, especially in areas of safety and health. Due to the accession of Cambodia to the WTO, the abolition of import quotas and the expiry of US-Cambodia Trade Agreement we believe high standards of working conditions and labour relations throughout the sector are now, more than ever, of the utmost importance.
- The PAC again calls upon buyers to demonstrate their support for the efforts underway in Cambodia by expanding commitments to sourcing from our garment industry, and by further contributing to improved working conditions in Cambodia's garment sector.
Phnom Penh,
28 January 2005
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1
Factory was temporarily closed and/or permanently closed after the monitoring report included in the 10th Synthesis Report.
2Formerly known as the ILO Garment Sector Working Conditions Improvement Project.
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