Clean Clothes Campaign

Legal support
Despite the difficulties for workers in accessing legal
protection there have been numerous legal cases
taken against employers by migrant workers. Several
NGOs and migrant worker groups have successfully
taken legal action on underpayment of wages and
heath and safety violations.
In Thailand, MAP supports around 600 - 1,000 migrant
workers in taking legal cases against their employers
each year (see box).
They believe that these cases have been vital in challenging
the assumption that migrant workers can
be employed at lower wages and in removing the
perceived impunity employers enjoyed with regard to
migrant labour rights. MAP, and their colleagues at the
Yaung Chi Oo Workers Association, have faced a lot of
pressure from local employers as a result of the work
they were doing alongside local worker associations.
This included threats of and actual violence against
MAP employees and associates.
There are also cases of migrant workers pursuing, or
trying to pursue legal action after deportation but this
can prove extremely difficult unless support groups
in both sending and host countries are involved. In
Bangladesh the IMA foundation (see page 23) has
been working with lawyers to try to get repayment of
fees paid by workers to agents and the government.
Cases have been filed on behalf of workers who have
been deported or paid high fees on the basis of false
promises and who returned to Bangladesh destitute.
IMA has been successful in winning a large number
of legal cases that have led to workers being refunded
the money that they paid to agents based on the
argument that recruitment was done under false
pretences.
One of the underlying causes of migrant worker
exploitation is the assumption that, due to their vulnerability
and status as migrants, they are unable to make
their voices and demands heard. The pursuance of
legal cases against exploitative employers or labour
agents is important in challenging this perceived
impunity and has proved that legal provisions can be
applied to all workers regardless of nationality.
Targeting brands and retailers
Using specific cases to put pressure on buyers has
been done by some of the Asian-based organisations
that we spoke to. For example local Bangladeshi
migrant groups targeted Walmart when it was found
that one of the retail giant’s suppliers was using a
factory employing Bangladesh migrant workers in
Jordan. The result was mixed; although Walmart
stopped buying from the factory, which led to the loss
of employment for both local and migrant workers,
they did compensate the workers.
In Malaysia, Tenaganita worked with a US partner to
bring an anti-trafficking complaint against electronics
company Esquelle following a batch of complaints
received by them from migrant workers. They had
initially tried to contact the company directly but
with no response. Following the complaint being
filed in US courts Esquelle did get in contact and a
process is now underway to resolve issues at the
factory. Although Tenaganita recognises that there are
concerns about the use of anti-trafficking legislation
as a tool to support migrant workers they believe that
this has been a successful strategy to get action from
a multi-national corporation and may consider using
this in future cases involving electronics and garment
brands.
A number of organisations have had experiences
with campaigning and engaging international media
or campaign networks. See the case study on Nike/
Hytex and CMT/Arcadia and NEXT for more information.
Lessons from these experiences are also
included in campaigning strategies in chapter 7.
Legal cases
against exploitative
employers or
labour agents
are important
in challenging
perceived
impunity.
26 False Promises Migrant Workers in the Global Garment Industry