Disney is a well-known transnational
corporation (TNC). Its business is not only limited in to theme parks and showbiz
but also its
to consumer
products. Their
These three
areas relationships are interdependent.
Theme parks and showbiz promote the sale of consumer products and vice versa.
As expected, Disney is the big winner and gains huge moneymakes enormous profits. In
the year 2000, Disney's total revenue is was as high as US$25 billion where itswith a net income is of about US$4 billion.[1]
Attributed by the effect of
globalization, Mickey Mouse, one of the main characters for Disney
cantonscartoon characters, is all well known all over the
world. To kids in the advanced countries or those in the
third world, Mickey is not a stranger to them. Disney is a genuine TNC which whose business is not
limited in
by any
country’s boundaries.
In order to reduce the production cost and maximize the profit margin, the manufacture of almost
all of Disney
products have
has been
moved to produce
in the developing countries during the last decade. Consumers can no
longer easily find a Disney product made in the US or other developed
countries. It This is because the production lines have
been shifted to China, Indonesia, Thailand, Sri Lanka, and El Salvador in where
a huge
number ofabundant
cheap labor is offered. In a nutshell, Mickey's track can be traced in the
world-wide consumer market and the "race to the bottom" sweatshops.
It is no longer new to expose the
unacceptable working conditions of Disney sweatshops to the worldpublic. Although Disney’s
code was established few several years ago and the company has
repeatedly declared its unshakable commitment to respect workers rights, the
stories of exploitation of workers from Haiti, Burma, and Vietnam to the
Mainland China, producing and supplying to Disney, keeps recurring. Long working hours, poverty inadequate wages, workplace hazards,
awful food and overcrowdeding
dorms are still iron facts revealed in Disney sweatshop research. The "so-called"
‘independent
monitoring system’
does not help much in improving working conditions. Much worse, it subjects
workers to new threats. It is very common for the management to coerce workers
to sign the
falsified records or answer the monitors’ questions “properly” according
to management-prepared scripts. Workers are bullied and penalized if they fail
to do so.
In the face of Globalization's whirl
and Disney's "race to the
bottom" management practices, workers in China, like the othersas in other locations, are
pushed in
to an
inferior position under the current rules of the game. From time to time, tTheir voices of discontent
are not heard. Their stories are not known. Their rights are not respected. And their
plights are suppressed. Working for Disney is not a fairy
tale.
Based on our
previous Disney report in April 1999 "MULAN's sisters: Working for Disney
is no Fairy Tale", HKCIC conducted a follow up research to trace the
working and living conductions of Disney suppliers in South China this year.
Firstly, we we would like to followed up the factories
investigated in the previous research. It is important for us to keep a
watchful eye on the factories and reveal whether the situation improved or
deteriorated. Secondly, we would like to studiedy the Disney’s
production in South China in more details. Hence, we try to
trace the factories producing for Disney in different industries. Other than
the garment industry, this research covers the factories in the watch,
accessory, and toys industries. It isWe expected by doing so to have a
boarder understanding of Disney’s operation and practices in South China.
This report aims
to disclose all iron evidences we found in the
fieldwork. It consists of a large pile number of workers' testimony with their
sweat and tears.
Mickey goes everywhere.
"BOM! Beware of Mickey!"
This project consists of following In this
research, we first followed up all four
factories cited in the previous research.[2]
Moreover, we investigated the working and living conditions of Disney workers
from 12 factories in Guangdong province. They are 6 toy factories, 3 accessory
factories, 2 garment factories and a watch factory. They are located in
Dongguan, Shenzhen, and Guangzhou respectively.
This research was conducted from March to
November 2000. All twelve factories were found to produce for Disney within
this period. Some of them produced
for had
Disney 's orders continuously, while others received only
and some
had seasonally contracts. Our researchers interviewed five
to fifteen workers from each factory.
A group of
researchers adapted the method of street interviews to talk to workers at their
break time. We mostly met the workers in areas nearby their factories. We
randomly approached workers and interviewed those who were willing to talk,
individually or in small groups. In order to prevent victimization of the
workers, we try to keep a
low profile during our interviews in low profile on
the spot, and keep to maintain their complete
anonymityem anonymous in this report.
Except for handful
information is given from the factoriesscant information received from the factories,
almost all findings in this research are from workers’ interviews. In some cases, we can have established a mutually trusting relationship, and they workers keep us well
informed about what had happensed in the factories. As they are the
ones who work daily for
long hours in the factory and know everything happened everyday at the
workplace, the information directly from themthey provide to us is very
important and reliable.
We tried to trace and follow up the factories investigated factories in
the previous report,
and attempted to understand
whether the working and living conditions of Disney workers get have improved after the
reportsince
then. However, it was found that all four of them did not produce for Disney anymore.
One of them closed down and the others were no longer authorized to produce for
Disney. According to the workers, the situation in those factories did not improve but got
worse. As Disney was one of the biggest customers in their factories,
the factories encountered serious financial difficulties with the withdrawal of Disney contracts, and
workers became the first victims, had with insufficient work to do and got inadequate
wages for living.
(For more details, please refer to the part of Workers' stories below)
We are very disappointed with the
result. It is not our aim to expose the poor working conditions of Disney
suppliers in the report and call Disney to cut the orders and run from their
responsibilities. As a responsible TNC and the one which always claims to respect workers’ rights, Disney should
actively work with the suppliers to fix the problems. In order to prevent
Disney from reacting irresponsibly again and doublying victimizing the workers, we will
not disclose the factoryies
names in the
this report.
In fact, there are thousands of suppliers producing for Disney all over the
world. We do
expect Disney to improve the conditions in all its suppliers’ facilities, but not
limited just in those
investigated in thise
report.
Cheap
labor and government suppression are two favorable factors for attracting
Disney to move their production to China. Compared to HK, Taiwan, and Korea, which were the production bases for Disney in two
decades ago, China undoubtedly
has undoubtedly
couple several
advantages, especially in terms of labor cost. In the Asian region, wages in China is unnecessary
to beare not
necessarily the lowest. But the investors still prefer to run their
business in China because of the government suppression. For
example, although the general labor cost in Indonesia is much lower than that
in China, not many TNCs or factories are willing to run their business in
Indonesia because the political status is relatively unstable and the
government fails to control the riots. The problem was intensified shortly
after the step-down of Suharto. Comparatively, the Chinese government is more authoritarian
and capable of suppressing the social unrest. More importantly, workers in
China are not allowed to organize themselves and have no collective bargaining
power. It is a very desirable factor to either the factories or TNCs.
In From the viewpoint of
Disney, China is definitely a good place for its production. It offers cheap
and easy
compliant labor.
Products
Unlike
the other brand names, Disney has a wide variety of products. Contributed to by the licensing
system, everything can be linked with the Mouse’s logo. In this report, the
twelve investigated factories respectively produce garments, stuffed toys,
plastic toys, and a lot ofmany other accessories for Disney. Disney’s
accessories include traveling kits, hair accessories, belts, bags, caps, and
watches. Moreover,
there is a factory producing plastic Disney logos for its footwear and bags
products.
The
size of the labor
force in the factory depends on the industry and the size of capital investments.
For
example, there are only 50 workers in Factory A and Factory B respectively
while Factory
C
employs 15,000 workers in Factory C.
Factory C is a relatively large toy factory. It supplies for
several brands at the same time, which . It is not unusual
in the toy industry. Besides, toy factories tend not to be n small size large because the
production process involves
a number of departments
and a lot of machines. In the garment industry,
however, factories like Factory A and Factory B tend to be in smaller
in size. It This is because they do
not use many big machines but only rather the smaller electronic sewing machines.
Exports
All
products are for both Export and Domestic markets. A large proportion of these
Disney products are exported to the North America and Europe. They are
sold everywhere- in the Disney stores, the department
stores, and even the small shops. Disney production in
China not only fulfills the needs in the world market but also
the domestic market. The growing domestic market is indeed a gold mine. Disney
will surely consolidate and further its production in China.
Nine
out of twelve factories are comprise capital invested from HK capital.
This is the result of geographical convenience. Many factories, which used to have
their production in HK in the
70s and early 80s, have had already moved in to China in the mid 80s.
For the Pearl River Delta
area, where with closely
links to HK, thousands of HK invested factories in different sizes are were established and with workers are laboring
around the clock for their HK comrades who are were their bosses as well.
Almost all frontline workers in these factories are young, single migrant women workers.
In the manufacturing industry, the ratio of female to male is overwhelming. Firstly, women workers are perceived as easier to control. They tend not to rebel. Hence, the management is more willing to employ women workers rather than males. In addition, a common Chinese cultural pattern of “Boys are more important than girls” is another factor. In the rural areas, families prefer sending girls to work in the South rather than boys because they want boys to stay with the family and pursue higher education. In fact, many girls reluctantly stop their studies and move to the South to work for the sake of supporting their brother to study, or lessening their family’s burden.
Gender
stereotyping at is common in the workplace do commonly happened in the
industry. Most female workers labor in sewing, packaging, assembly,
and QC departments; while males mostly work as technicians and security guards
and in the warehouse and,
cutting departments.
Migrant
workers (Mingong)
Most workers come from rural areas in inland provinces i.e. Sichuan, Hunan, Hubei, Henan, Jiangxi, Shaanxi, Anhui and Guangxi. Their families’ livings always depend on their farms. They are poor and their annual household income is about ¥200-400 [US$24-49]. Hence, more and more young people in these villages are rushing to the South to explore more job opportunities and gain more money.
As
the labor market in China is huge, employers never worry that they cannot
recruit enough number of workers. They have greater
power to choose their employees. It is very common for the married women
workers being
to suffer discriminationed. On some occasions employers request that applicants
to show the certificates which prove they are unmarried, when they apply for
jobs.
In
fact, it is not easy for these women migrant workers to get married. It This can be explained in
three -foldways.
1. Household
registration in China has made it difficult for women
migrant workers difficult to get married in the
cities. There are only two classes in China: Urban and Rural. People with the rural
households are always
considered the second class. Worse still, the
household registration is inherited from generation to generation. Most women
migrant workers still hold the rural household registration and hence are
discriminated against in
the cities. As the social status of these women is inferior, most men in the
cities are reluctant to get married withmarry them.
2. Almost all women
migrant workers work all the time. They always work overtime, and in the peak season receive and even have no break in the peak seasonat all. Many of them shared told us that they had no
social and recreation time in the South, not to mention any time to develop romantic relationship
with the
others. Limited social networking is one of the factors
contributing to many
adult women workers remaining
unmarried in the South. Besides, female workers are outnumbered in these
industrial areas. They It is hard to find boy friends or even
husbands within their working lives in the South.
3. It is nearly
impossible for women migrant workers to have a baby while they are in the South
and away from home. Although they are entitled to enjoy pregnancy benefits in
the Labor Law, their rights are always deprived. As a result, they will
probably not receive any benefits at the end. In some worse cases, women
workers are fired and kicked out of the factories once they are found pregnant.
Hence, most of them would prefer to quit the jobs themselves if they plan to
get married or pregnant. They are discriminated against and marginalized. It is
almost no
wayimpossible
to find a pregnant women migrant worker in the South.
Special
protection for female laborers (Chapter 7 of Chinese Labor Law) Protection during menstrual, pregnancy, maternity, and breast-feeding periods. |
Workers’ age
Most
workers are aged in between 18-30. Basically, many factories
refuse to recruit any workers aged over 25. It is unusual to see the mid-aged
workers in the South. Although using child labor in China is not as popular as that in
India and Pakistan, there are some under-aged workers laboring in the South
China. In order to get recruited in the factories, it is common for those workers aged
under 16 to borrow the others’
ID cards to apply for jobs. It is very
common. In fact, many employers never check the ID cards very
carefully. They seldom match and see whether the person standing in front of
him/ her is identical to the cardholder. It is not their top concern whether
they employ the eligible workers; their main priority is to
but they
employ enough workers to work in the production lines as soon as
possible.
(Article 15 of Chinese Labor law) Chinese labor law prohibits work units
from employing workers less than 16 years old. |
In Factory
K, some under-aged workers were working in the factory because
they borrowed other’s ID cards. Most of them are 15- 16. At the same time,
unlike other factories employees as old as 40 work here. Because of an
extremely high turnover rate, the management tends not to set any age limit for
applicants, and they.
They will
recruit anybody who is available.
We
were told in Factory C that of a number of Henan workers aged between
15-17 laboring there. However, all workers aged under 18 were sacked last
September and October. Management paid their wages and sent them back home. Workers
do not know the full details. [Author’s note: HKCIC reported the case of using
Child labor in a McDonald’s toy factory in Shenzhen last August. It aroused the
public attention. After the McDonald case, many factories were very scared and
jittery. Most of them immediately checked all their workers’ ID cards and
sacked all those who even looked under-aged, borrowed
the others’ ID cards, or fail to show their own ID cards. Factory C is one of the those factories. It is
believed that the major action workers mentioned was relevant to this
incident.]
Wages
According
to Chinese Labor Law, workers should be guaranteed to get the minimum
wage which varies in different cities and provinces. However, this is rarely
implemented. To many employers, however, the minimum wage is the maximum wage.
It is difficult for workers to get a wage higher than the minimumhigher wage.
At first glance it seems that workers should be
able to earn more than the minimum wage, given that the minimum wage is based on a 40-hour working week and most workers labour for
13-16 hours per day (double the normal working week). However, despite the long
hours, most workers still earn the
bare minimum wage of
¥500-700 [USD 61-85] per month. Obviously this means they are underpaid by a significant amount. Seemingly
those workers can get more than the minimum wage, they are still under-paid
indeed because the amount of minimum wage is based on a 40-hour working week.
But workers need to work 13-16 hours a day, seven days a week and then get
¥500-700 [USD 61-85] a month. It is unlawful.
The
situation in the toy industry is worse than other sectors. Most receive only
¥300-500 [USD 37-61] a month.
This means that the wWages of Disney workers in
China is as low as ¥1.3 [USD 0.16] an hour. Whilst In comparison,
Michael
Eisner, Disney’s CEO, earns more than USD 194,000 a day; which equals to the total
income of a Disney worker in China for 260 years.
|
A Chinese worker producing for Disney |
Michael Eisner CEO of Walt Disney |
Monthly income |
¥500 (US$62.5) |
US$4,221,666 |
Yearly income |
US$750 |
US$50,660,000[3] |
In
some investigated
of the factories we investigated, the
management tries to control the workers’ wage. When it increases, they will
find every excuse and measure to lower their wages. It This is to prevent workers
from getting too high wages.
(Article 2 of "Temporary regulations
on method of wage management in foreign invested enterprises" issued by the Chinese Labor
Bureau in 1997) Wage is the total remuneration acquired
from work units through labor which includes basic wage, bonus, allowance,
subsidy, overtime and wages paid in special circumstances. Social insurance
and welfare and other incomes enjoyed by workers shall not be included. (Article 6 of "Temporary regulations
on paying wages" issued by the Labor Bureau in 1994) Work units shall record the amount, date,
name and signature of the wage recipient and keep a record for at least two
years. Work units shall supply laborers with a personal pay-slip at the same
time as payment. Ø
Minimum wage
(within the research period) Minimum wage set by
the local governments. eg. Shenzhen city (¥540), Shenzhen rural area (¥419);
Dongguan (¥400) and, Guangzhou (¥450).
(Article 17 of "Regulation of
Enterprises' minimum wages" issued by Chinese Labor Bureau in 1993) Minimum wage does not include overtime
compensation. |
Some
workers in Factory C told us that workers in assembly sections had worked
extremely long OT hours in June. As a result each of them received about ¥600-700
[USD 73-85], which was ¥100-200 [USD12-24] more than usual. However, management
claimed that their wages were too high and automatically deducted ¥100
[USD 12] from their wages.
Being paid by piece-rates, workers in Factory D only earn ¥200-300 [USD 24-37] a month in the low season; less than the minimum wage stipulated in Labor Laws.
Even in the peak season when they work more than 170 hours OT a month, they are only paid ¥500-700 [USD 61-85]. Again, it is higher than the minimum wage but workers are under-paid.
There is a particular section in Factory K dedicated to producing for Disney. Although other sections also produce for Disney at certain times, the dedicated section is known officially as the ‘Disney Section’. This section is different because all workers are paid by the hour. They can earn ¥16 [USD 2] a day and ¥3 [USD 0.4] per hour for OT, which is obviously much higher than other workers. However, Disney workers are charged an unreasonably high living (dorm and food) fee (¥7/ day) [USD 0.9], whereas others pay ¥60 [USD 7] per month. On the surface it appears that Disney workers are offered better pay, but it is not the case.
No minimum wage is guaranteed. In the low season of April and June, workers were not offered any job at all. Some of them had been laid off for more than 20 days. As a result, their wages were as low as ¥200-250 [USD 24-30]. In some cases, they even did not have enough money to pay living (dorm and food) fees.
- piece
rate
Many
workers are paid by piece-rates. Most of their overtime work is not fully
compensated because management cheats them by insisting that piece-rate workers
cannot enjoy overtime payment. For those are Eexperienced workers, they prefer
to pay
inbe paid by
piece-rates because
they work very effectively and efficiently.
A qQuota system is
adopted in many factories, for example in Factory E. Supervisors give each
worker a quota. The quota is usually set much higher than what workers can
achieve within the normal working hours (8 hours/ day). Workers complained that
the standards requested by supervisors were always unreasonable and unrealistically
strict. If they fail to complete it within the period, they have to work over
time until they reach the quota. No overtime compensation is given.
- hourly
paidrate
A portion of workers are paid by the hour, especially for those in coloring, packaging and assembly sections. Like the piece-rate workers, many of them are not paid for overtime. Even if they are paid, they are not compensated fully as the law stipulates.
In
Factory I, workers pay ¥13-20 [USD 1.6-2.4] a day (8hr/ day). In On average, their hourly
wage is about ¥ 1.6-2.5 [USD 0.2-0.3]. It is indeed a poverty wage. Worse still, their OT
compensation is only ¥1.5-3/hour [USD 0.2- 0.4] which is less than 150% of
normal payment stipulated in the Chinese Labor Law.
- group
wage
Other
than piece-rates and hour-rates, it is also common for workers to be paid in
groups. Some workers think that it is a unfair measurement because some of them
are assigned to work in more difficult positions but get the same wage as the others.
Moreover, this mechanism presses workers not to refuse working overtime. As
they are paid as a group, the management uses the group pressure
to repress the individual workers. They would not accept that any individual worker not to work
overtime in
for whatever
reason. In
to a certain
extent, it is another means
of worker exploitation.
Workers in Factory H and Factory J are paid in groups. As a consequence of working on production lines (water-flow lines), workers are paid the average wage of the entire line.
Individual wage=piece rate*quantity/ no. of workers on the entire line
-
overtime pay
(Article 44 of Chinese Labor Law) Work units shall pay laborers wages or
remuneration at higher rates than the usual wage rate when laborers are
required to work overtime or on statutory holidays as follows: 1.
to pay at least
150 percent of the usual wage when laborers’ working hours are prolonged; 2.
to pay at least
200 percent of the usual wage rate when work is arranged for laborers on
legal rest days when time off in lieu cannot be arranged; 3.
to pay laborers at
least 300 percent of the usual wage rate when work is arranged for laborers
on statutory holidays. |
For example, most workers in Factory A are paid by piece rates. The workers, whose wage can reach the minimum wage (¥450) [USD 55] or above, will not get any overtime payment. Only those who cannot meet the standard are paid overtime, but only to guarantee them a minimum wage. However, the management has announced that workers who cannot meet the standard for 2 consecutive months will be fired. In the other words, no workers enjoy overtime payment.
In Factory B, Management practices the policy of “OT first and holiday- compensation later”. Workers are requested to work OT in peak season but receive no overtime payment. Instead, workers are asked to leave during the low season in lieu of wages owed, which is unlawful. This technique allows management to not only save money but to sidestep Disney’s code of conduct.
Some workers in Factory I mentioned that they were forced to punch out their time card at 16:45, regardless of the number of overtime hours they worked. No overtime bonus was paid.
- payslips
Many
factories do not provide payslips to workers. Even though some of them do so,
what they provide are the very unclear and confused ones.
These payslips fail to show how wages are calculated. Workers find no way to check
whether their working hour, overtime payment and bonus are properly paid; the
fees for dorm and food are excessively deducted. Workers thus know little or
nothing about how their wages are calculated, or even if they are underpaid
Although
workers in Factory A and Factory D are given a payslip, they
do not know how their wage is calculated. When the workers in
Factory A checkeding
with the supervisor, they were insulted with responses such as, “You are so
stupid. How come you don’t know how to calculate this simple math?” They
received no proper answers from the management. Workers mentioned that they
could accept the amount the management paid or quit.
In order to reduce the turnover of employees, it is very common for factories to pay workers at least a month in arrears. (i.e. workers are not paid the wage of July until the end of August). In many cases, workers are unable to collect all their withheld wages if workers quit themselves. Even worse, some factories pay two months in arrears. This places a heavy financial burden on workers and it is illegal.
Many employers rationalize this practice and defend that it is a way to protect their own benefits. However, workers’ interests are never considered.
Management in Factory D always delays releasing wages; e.g., they release June’s wages in late August. Workers are always paid two months in arrears. If workers quit their job, the withheld wages will not be paid. Even they apply to resign through the official procedure, no penny will be refunded.
Workers
in
Factory H and Factory K faced the same problem.
In Factory
H, wages for May were not released until 28 July. Some workers were so
destitute that they needed to borrow money from their fellow workers to
survive. Some of them need to borrow the new debt to pay the old one. In the other
words, they are always in debt. A newly-arrived couple mentioned that they could
not stand the worse working conditions and planned to leave. However, they were
not paid for 2 months although they had been working for two months without a
holiday. Once they get the first month’s wage which is enough for the
transportation fee, they will get go back to the village immediately. It is not
their consideration whether they lose money in this incident.
Working hours
Compared to the other Asian
countries, the number of working hours in China seems to be the longest.
Although the laws about working hours and overtime compensation in China are
quite progressive, the management seldom follows it. Hence, it is very common
for workers in China to labor 13-15 hours a day and 7 days a week for months at
a stretch, let alone their overnight laboring in the peak season. In fact,
almost all of them are not fully compensated and their wages keep are kept low. And it It also forces them to
work non-stop to gain forearn a living. It is a vicious circle. It is
impossible for them to refuse working OT.
Workers are requested to labor around the clock without a break. They are treated as less than human beings.
(Article 3 of Paper 146 "Working
hour" issued by State Council in 1994) According to the rules of the
State Council China implements a system where laborers shall work no more
than eight hours a day and no more than 40 hours a week on average. (Article 41 of Chinese Labor Law) Work units shall not unilaterally prolong
working hours. In general, the working day may be prolonged by one hour
maximum per day after consultation with the trade union and laborers to meet
the requirements of production and management. But overtime shall not exceed
36 hours per month. |
-
over time
All
factories have
the problems with theignore rules relating to working hours. It is very common to
violate the law in this context. Here are some of cases illustrating how the
employers break the law and force the workers to work in excessively long hours.
Workers in Factory A are prohibited from punching their time cards for overtime worked. Hence, the monitors fail to find the hours worked over and above that stipulated in Chinese Labour Law. In fact, workers claimed that they usually worked more than 100 hours OT a month, which is nearly 3 times more than the legal standard. .
In Factory C, workers are forced to work 16-18 hours a day during peak season. They are given 10-15 minutes to finish their meals upon which they return to work immediately. Assembly workers always work until 01:30. In the most extreme cases, they are called to work until 04:00 and are expected to return to work the same morning as usual.
According to Factory D workers’ records, they worked overtime every day last August. In this period, they worked OT from 19:00 to 23:00 for 2-3 days and until 02:00 for more than 10 days. They even worked through the night on one occasion. After an 8-hour rest, they were requested to work again.
Workers
in the assembly section in Factory F always worked until
02:00-03:00 (16-17 hours a day) last July. While in Factory G, they are
forced to work till 00:00-02:00, or a 14-16 hour day in the peak season (e.g.
in July). When they return to their dorm after OT, they still have to queue up
to use the bathroom. As a result, most of them only have 5 hours or less to
sleep at night. Some workers complained that they were extremely exhausted and
needed to put some Chinese medicines on their heads to keep them awake
while they were working overtime at night.
It is in the same case in Factory H. Workers are forced to work continuously 13-15 hours a day in peak season. They are given 10-15 minutes to finish their meals and then go back to work immediately. Worse still, they are not allowed to refuse OT. If they refuse, they will be considered as absent without prior permission and fined.
Workers in Factory L generally worked OT 4 hours a day. In peak season, they worked 8 hours during the day and OT from 19:00-01:00/02:00. In the worst cases, they were forced to work overnight and then work as usual the next day without a break.
Having
holidays as the legal
standard states is nearly impossible for most workers in China. Some of them
are forced to work for weeks at a stretch. Dates is are meaningless to them. No matter which
days, they are requested to work for 13-16 hours. Some of them work
continuously for months and those who have one or two days holiday a month are
considered the lucky ones. On the contrary, they are easily sacked or laid off
in the slack season. They are never guaranteed with any stable and long term
working relationship in the factory. To most workers, they do not know when
they will be laid off and hence they will do as much as they can do the rush
season. As the Chinese proverb goes, “Store up grain against famine and get
prepared for a rainy day”.
(Article 38 of Chinese Labor Law & Article 7 of Paper 146 "Working
hour" issued by State Council in 1994) Work units shall ensure that laborers have
at least one rest day every week. One day here refers to 24 hours
uninterrupted rest. Usually Saturday and Sunday are rest days, but work units
may alter the arrangement according to practical conditions. (Article 40 of Chinese Labor Law) According to law, work units shall arrange
for laborers to rest on the following holidays: 1.
New Year’s Day;
one day’s holiday, 1st January; 2.
Spring Festival;
three days’ holiday, the first three days of the Chinese lunar calendar; 3.
International
Labor Day: one day’s holiday, 1st May; 4.
National Day: two
days’ holidays, 1st and 2nd October; 5.
Other holidays
stipulated by laws and regulations such as a half days’ holiday on 8th
March for Women’s Day. |
Workers in Factory C work seven days a week. An assembly worker claimed to have had only 6 days off (5 days for Chinese New Year and 1 day for National day) in the 11 months since she started working in the factory.
Most workers in Factory D did not have a single holiday in July and August. In Factory E, everyone works seven days a week unless there are no orders. They had no holidays during July and August. Workers in Factory G generally have only one day-off a month.
Workers in Factory I said that they had only one holiday in 3 months and those in Factory L were relatively lucky that they had 1-2 days off a month. Nevertheless, orders are very unstable in Factory K. Workers are forced to take leave when there is no order.
Our
researchers were told in Factory H, “Dates is are meaningless to us. We
only know that we need to work everyday.” An assembly worker mentioned in
August that he had received only 2 days off this year, other than a 4-day
holiday over Chinese New Year. Some workers said that they were asked to sit at
their work seats even though there was no work for them.
Most
private-owned enterprises in the south provide their own dorms and canteens for
workers. These facilities usually are built inside the campus factory or just nearby. On
one hand, this is because almost all workers are from rural areas and their
accommodation and food needs to be taken care of. On the other hand, this model
allows the management easier control over workers. Workers could not use the
excuse of living too far away to not work overtime. In the reality, they
have very limited
room to arrange their lives in the South. They can choose nothing but follow
the provided and collective living model. Their individual wills are always
suppressed. As a result, it is not surprising that most workers' complaints are
about food and accommodation.
Workers
in Factory
D complained that the quality of food in the factory is very bad, but
that they have no choice because no matter whether workers eat in canteen or
not, management will deduct fees from their wages automatically. They cannot
afford to pay extra money to eat outside. It is the same case in Factory
E, workers complained about the poor quality of food and dorm. 30
workers live in each room. The living (dorm and food) expense of ¥75-90
[USD 9-11] per month is automatically deducted from their wage even if they choose to eat or
live outside. In Factory F, workers mentioned that overcrowding was
always a problem. There are 21-24 workers sharinged a room in which was placed 7-8
triple-bunk beds.
The
situation is really worse in Factory K. Workers
complained about the food provided in the canteen. Some of them described it as
“pig feed”. Although food fees are deducted automatically from their wages, workers
prefer to pay extra to eat outside. Even worse, the dormitory provided by the
factory is very poor. In the three-story dormitory building, 12 workers share a
room. According to workers the rooms are over-crowded. The corridor is not wide
enough for two workers to pass each other and is thus a hazard in emergency
situations. Furthermore, toilets are only available on the ground floor, which
is very inconvenient for workers.
Another
unacceptable case is found in Factory J. Some old workers live in
12-person rooms, but other workers share two big rooms which accommodate up to
400 persons. There are two exits and one emergency door in each room. All the
windows are barred with wire nets. In the event of an emergency, workers may
find themselves trapped in the closed room. People should take the lesson from
the tragedy of the Zhili
fire in 1993 which caused
87 died deaths and 47 injuriesed. Workers were
told that these two big rooms were only for temporary use and they would soon
be moved into the renovated dorms. However, some workers have been living in
these “temporary” dorms for 3-4 years.
Fine/ Penalty and wage deduction
Workers
not only suffer from low wages but are also fined for transgressing factory
rules. They complain
that most regulations and fines are unreasonable and ridiculous. Some told us that their wages were
very little in the slack season. Workers got only ¥20-50 [USD 2.4-6] a month after the deduction of fines and
fees. Some workers even signedsighed that the employer got rich by collecting
fines.
(Article 50 of Chinese Labor Laws) Wage shall be paid monthly to laborers
themselves in form of currency. It shall not be deducted or delayed without
justification. |
In Factory C, fines depend on the season. Some complained that a “Worker found smoking would be fined only ¥50 [USD 6] in the peak season. However, he would be fined and fired in the low season. Don’t you know the factory is so determined to downsize the number of workers in the low season? They prefer to recruit workers again when they need. You can see it is so easy to recruit workers now. A crowd of people wait outside the factory everyday.”
Fines
in Factory
D vary from ¥5-300 [USD 0.6- 37]. For example: talking in the workplace
(¥30) [USD 3.7]; bringing a pack of cigarettes into the factory (¥50) [USD 6];
wearing jeans (¥50) [USD 6]; absence of a half-day without prior permission
(¥50) [USD 6]. Before going to the toilet or pantry to drink, workers have to
get their supervisor’s permission and have a “seat-leaving card” in hand.
Otherwise, they will be fined ¥5[USD 0.6]. Workers complained that fines are
based in
on no
standard but depend on the supervisors. They sometimes did not know why they
were fined.
Over and above being fined, they are discontented that management will post warning letters with worker’ full names on the notice board.
If workers apply for resignation, all their wages (including withheld wages) will be not released until a month after their last day of work. Many workers prefer to sacrifice the money and leave immediately due to concern that they may have to pay extra after deduction of fees and fines.
According
to the workers, management tore destroyed all fine notices stored in the
office last May just before some visitors arrived at the factory.
Also, there are many fines in Factory E. Workers complained that the, “factory owner gets rich by fines.” A long list of who has been fined is posted on the notice board every day. Some told us that the management invented various names of items in order to fine them. For example: Littering in canteen (¥20) [USD 2.4]; forgetting to switch lights off in dorm s(¥20) [USD 2.4]; and late arrival (¥2/min) [USD 0.2/min].
Workers
needed to pay ¥50
[USD 6]
as a deposit when they
start work in Factory F. It will not be refunded unless they work for at least half a year.
In Factory G, fines range from ¥10-100 [USD 1.2-12]. Workers will be fined for arriving late to work; not switching off lights and machines; and not using the subway to cross the road. Also, warning letters with names will be posted on the board.
Other than fines, management in Factory J will punish infringements by making workers write out factory/dorm rules.
Most factories do not follow Chinese Labor Law in that they do not promote and engage the social security scheme. Workers cannot enjoy the social security they deserve when they need it (e.g., in the event of retirement, occupational injury or death).
(Article 70 of Chinese Labor Law) Government shall promote social insurance
facilities, establish the social insurance system and establish social
insurance funds so that laborers shall obtain assistance and compensation in
old age (Article 73 of Chinese Labor Law) Laborers are legally entitled to social
insurance support in the following circumstances: i.
Retirement; ii.
illness or injury; iii.
industrial injury
or occupational illness; iv.
unemployment; v.
maternity |
According to workers, not many of the investigated factories participate in the social security system for them. In Factory H, the employer only helps office staff participate in the scheme while the ordinary workers cannot enjoy the benefits. Besides, most interviewed workers have no idea about the details of the scheme at all.
Workers
find it very
difficult to resign their jobs in the factories, unless they are willing to
sacrifice their withheld wages and deserved compensation. In the other
words, they have to quit the jobs themselves. Unfairly, the employers can sack
workers whenever they think the workers are redundant. No compensation or
severance will be paid.
Compensation
for dismissal (Article 28 of Chinese Labor Law & Article 5 of Paper 481 "Compensation
for contravening and terminating labor contract" issued by the Chinese
Labor bureau in 1994) Work units, which cancel labor contracts,
shall pay laborers financial compensation according to state regulations
except in cases of dismissal for negligence. e.g. Where a work unit cancels a labor contract after consultation and agreement between the parties involved, the work unit shall pay a laborer financial compensation of one month’s wage for each year of service, not exceeding 12 months’ wage. Where the length of service is less than one year, a standard one-year’s financial compensation shall be paid |
It
is very difficult to apply for resignation in Factory C. Last October,
the queue to resign stretched into early 2001. A worker, along with his 2
family members, is in dilemma. They have applied to resign for several months
because they could no longer stand for the harsh working conditions. They
will forfeit nearly 6 months’ wages (i.e., nearly 2 months’ wage will be withheld
from each worker), however, if they are not permitted to resign. It is a large
amount of money to forego. All the money is truly earned by their hard toil.
They deserve to get it all, but risk it by leaving without
permission.
Workers in Factory H have the same problem. If they want to leave, they have to give up their delayed payment which is about two-month’s wages. Even their personal belongings, which have been placed in the dorm, cannot be taken away without permission. A worker said that, “What we can bring when we leave is ourselves. Some workers bring their belongings out of the dorm bit by bit once they planned to leave. For example, they wear three trousers and put a small parcel under their coats at the break and store them temporarily at their friends' place outside the factory."
The
general situation can be concluded by the sharing from a worker in Factory
E:,
“it It is easy to be recruited
in this factory but difficult to quit.”
There was an unfair dismissal case happened in Factory A. (Please refer to the workers’ stories section).
Leisure
is a luxury to the workers. Not many factories have recreational facilities in the campuswithin their grounds. In
some factories, they brag about their comprehensive facilities;, however, some
exist in names only. In reality, workers work day and night. They do not have
time to sleep, let alone to have leisure. Some workers teased that these
facilities were not for them but for the buyers, visitors, and social auditors.
There are many so-called leisure facilities in Factory G. They include a TV room, Karaoke room, basketball court and ballroom. However, not all these facilities are open. Only the ballroom is open on Saturday afternoon. In fact, workers have no spare time to use these facilities. One of them said: “Once you work here, you will have no space, no time, and no entertainment.”
Although there are some recreation facilities in Factory H, workers have no time to play. A worker said, “I have worked for 3 months. I only know the way to the dorm, canteen and workplace. I have never been to any other place here.”
In recent years, it was found that more workers recognized Codes of Conduct. However, most workers only know its content but not its purposes. This is because they are pressured to memorize the Code in order to recite – or “entertain” – the monitors. The truth is that few realize it is one of the mechanisms by which their rights are meant to be protected.
Although
there are many visitors moving in and out of the factories, workers have no
idea of who they are. They may be the buyers, Disney’s business representatives,
Disney monitors, factory owners, officials from the labor bureau, or social
auditors. No interviewed workers have talked or seen their friends talk to
these visitors. Besides, they emphasized that no one dared to tell the truth to
the visitors because there was no guarantee that they would not be punished for
doing so. Some mentioned that cheating in the monitoring was always happened
and the monitors would not know the truth situation.
In Factory A, the Disney Code is posted on the notice board. Many workers do not know the content and purpose of the Code of Conduct. Workers mentioned that all Disney monitoring is conducted by announced visits. Disney monitoring teams will call up the factory and inform them when they will come. This is convenient for the management if they choose to cheat in the monitoring process (i.e. cleaning up the factory before the monitors come). Workers are also forced to sign a falsified payslip for monitors’ checking.
Workers in Factory C pointed out that the factory had two bookkeeping systems. In order to cheat monitors, management will mark workers’ wages as high as ¥700-800 [USD 85-98] in a false set of books, while in reality they only receive about ¥400-500 [USD 49-61]. Before the monitors come, moreover, workers will be given a set of model answers to respond to questions. If they fail to answer “properly”, they will be fired.
Management in Factory E instructed workers how to give model answers to the monitors. If they failed to do so, they would be sacked. In order to escape scrutiny, the factory provides two work cards (one is white and the other is green) for each worker. The white card is for normal working hours while the green card records the OT hour and working time on weekends. Only white cards will be shown to the monitors. Hence, the monitors will not realize the true long working hours.
In Factory F, some workers said that management made desperate arrangements so that “young” workers were not on site when Disney monitors visited in late 1999. They suspected that these young workers might be under age and the management tried to conceal this fact from Disney.
Workers in Factory H do not know much about Disney’s Code. They claimed that many visitors came to the factory and talked to workers. Workers dared not to tell the truth about conditions because supervisors had told them to answer any questions by stating Chinese Labor Law. That is, they were asked to “report less working hours and more wages” than was the case.
Although Disney’s Code is posted in Factory I, workers claimed that they only knew the contents in brief. When Disney monitors came last July, they did talk to a handful of workers. But no interviewed workers knew the details. Some told us that the management tried to lie to Disney. They were forced to punch their time card at 16:45, regardless the number of overtime hour they worked afterwards.
Workers in Factory K remembered that Disney monitors visited the factory in July 1999 but did not talk to them.
Many workers do not know Disney’s Code Factory J and Factory L. Workers in Factory J mentioned that management would call all workers to meetings before the monitors come. They were taught how to talk to the monitors. For example; On wages: say to the visitors that you get ¥700-800 [USD 85-98] instead of ¥400-600 [USD 49-73] a month; on working hours: say you work 8 hours a day but not 10 hours or above. Moreover, the monitors mostly visit the two best workplaces but not the others.
No Disney Code is posted in Factory D. Management only briefly mentioned its content when workers arrived for their first day of work. Workers know little about the Code. Similarly, not many workers in Factory G know Disney’s Code. Some said that management provided a falsified payslip and work cards to Disney monitors.
Strikes/ Right to organize
Strikes
did
undertakedo
occur in China. Not They are not only limited in the laid offto state owned
enterprises, but also to an
increasing number of strikes was triggered in the foreign
invested factories. Many broke out because workers could not stand for the
harsh working conditions and cheap wages. However, the management tends to
suppress the strikes and warn the others by sacking the workers involved ones.
In Factory C, some workers mentioned that there was a strike around last April or May because of wages in arrears. Then, management released wages but workers who joined the strike were all sacked.
Workers in Factory D have held strikes several times, although the number of involved workers is not large. In most cases, it was triggered by delayed payment. Some male workers struck in April and were then fired. Their wages of April were not even released by late June, and discontented workers went on strike for a day. However, it was at their own expense because they are piece-rate workers. No work, no wage.
In Factory K, some workers told that a security guard, who had worked in the factory for several years, called workers to sign to protest over the poor quality of food in the canteen. The manager knew the signature protest and immediately fired the guard. Since then, workers have not dared to express their discontent.
Most
workers in China are not aware of the occupational health and safety issues and regulations.
Besides, not many employers are willing to invest money on the equipment for
health and safety. Thise
equipment involves not only the hardware (e.g. the infrastructure and the
protective equipment) but also the software (e.g. working hours).
Many
workers did not know whether there was any industrial accidents had occurred in the factory. It This is because some
supervisors try to conceal the cases. Because many employers do not buy the social
insurances for workers, the injured ones always find it difficult to chase receive the proper
compensation.
(Article 52-53 of Chinese Labor Law) Work units shall establish and improve systems of labor safety and
health including the responsibility system of labor safety and health, the
system of safety education, the system of safety inspection, and the
investigation and settlement system of industrial accidents and occupational
diseases. Moreover, work units shall strictly implement the state procedure and standards for labor safety and health and offer education to laborers on labor safety and health so as to avoid accidents in the course of production and to decrease occupational damage. |
Odor
of paints in spraying section in Factory C is very odd. Workers
should be given appropriate masks. However, some complained that management would
distribute masks only when guests visit the factory. When the masks distributed
for the visit went wore out, workers have were required to buy their own new ones for their own.
Those who work in environments heavy with chemicals generally display poorer
physical condition. Some workers complained of frequent sore throats.
Because of prolonged working hours, workers in Factory G are always very tired and sleepy. Some of them actually leaned into the needles of sewing machines and got hurt due to tiredness.
According to the law, all trade unions have to affiliate with the party-controlled union, the All China Federation of Trade Union (ACFTU). Workers are not allowed to organize any independent Trade Union. Most workers in China have no idea about it.
To cite an example,
When
researchers asked whether there was a trade union in Factory D, workers
misunderstood trade union as morning assembly and said that they always had morning
assembliestrade
union meetings. They mixed up the ideas of trade union and morning
assembly.
Moreover,
some of them thought that trade unions could only existed in the
state-owned enterprises but not in the private-run factories.
In
Factory J, more than half the number of workers was were asked last October to
take long unpaid leave. All Management said all wages would be released.
According to workers, this is as the same as being sacked. When new orders are
placed, management writes to workers and asks them to come back. If they are
willing to join, they are exempt from “entrance fees” (¥70) [USD 9], which
includes the fees for factory ID, dorm ID, and temporary residential pass.
However, they will be classified as newcomers and their previous experience
will not be counted. This unstable and temporary working relationship is very
unfair to workers.
Several
recruitment notices were posted outside Factory G last mid-October. One of
them was about recruiting people to work in Bangladesh. According to the
office, half-processed products will be produced in the Chinese factory and
then shipped to Bangladesh for completion. They promised that wages in
Bangladesh are double those in China. This shows that some of the production lines in China have
already been shifted to other Asian countries.
Disney
workers’ stories
Stories produced by Disney are always often the best sellers in the market and the bestare well known to people
all over the world Disney gains the triumph on all fronts.
However, workers whose
products help provide such enrich the wonder fulness and
happiness ,and make a
lot of money for Disney, are
unknown. Their own stories their stories have never been shown to
the public. Below we
include the stories of workers as told to us. These are very different to the
best selling stories Disney sells around the world, but we believe that they
too are Disney stories
worthy of publication!
Xiao Dong Factory A
Xiao Dong, from Jiangxi, started to
work in a garment factory in Guangzhou in 1995. Until In mid 2000, he was
invited to move to work in Factory A because the business in the original
factory was going getting worse.
Since then, he has worked as a staff in the
office and was has been responsible for handling the orders.
In order to look after his “ready to deliver” pregnancypregnant wife, he
requested to have a month’s
holiday in August and which the factory endorsed. However, when he returned from his leave,
he found his post was had been collected by another worker. picked up by when he returned from home. The
employer told him to work in the
sewing section. Xiao Dong was very angry and asked for a the reason to for this change. The
employer replied, “This is an order. If you don’t like, you can go” and gave
him a big
and a small demerits[4]
in “disobedience to the job arrangement”. Immediately laterafter, he was fired
because of his “inappropriateness to work in the factory”.
He revealed that the factory always
violated the
Chinese labor law and the Disney’s Code. For example, the management
made the
falsified records
for the monitors to check and forced workers not to punch the work card within
the OT period. Moreover, the management often taught workers how to answer the
monitors’ interviews. Besides, workers whose piece-rate wages were higher than ¥450[5]
(US$55) are not paid the any overtime compensation. As he used to
handle the orders in the office, he assured us that the factory subcontracted some orders
to several unauthorized suppliers, which was a breach of the Disney’s Code. More important, he
complained that the factory fired him without providing him with any reasonable reason
and did not pay the compensation as the law stipulated.
Xiao Shen Factory A
Xiao Shen joined to work in Factory
A in May 2000. As an experienced sewing worker, he worked very productively and
efficiently. However, he found the factory failed to pay workers the overtime
compensation accordingly. Therefore, he held his payslip and checked with the
management. Unfortunately, the management claimed he was an inappropriate to work in theworker for the factory and
fired him..,
like what they did in Xiao Dong’s case
He added that the management never
explained how the wages were calculated. Their wages were always underpaid.
Workers who tried to voice their discontent will are be victimized. As a
result, no worker dared to complain or tell the truth when the monitors came.
Xiao Zhang Factory C
Xiao Zhang, 19, has just worked in this
factory for one year. He is from a peasant family with his grandmother, parents
and elder sister in Hunan. All of them worked on the farm. But the output from
the farm was too little to support their livingsthem all. Fortunately, they not only planted crops but also reared a few pigs and lived very frugally.
Xiao Zhang and his sister could finally finish their studies in high school.
Although the children have been growngrew up and relieved the family of some
financial burdens, Xiao Zhang's parents were still
upset with the their old house because of its poor condition.it is too old. They
planned to rebuild a new oldone. However, it this would costs
RMB ten thousands which is an enormous number amount to for this poverty-stricken
family. How they can collect money to do so? After discussion in the family,
they decided to leave Xiao Zhang's father to stay in the village and look after
the farm and grandmother. Xiao Zhang headed to the south to seek job
opportunities with his mother and sister.
Introduced by village mates, they
started to work in Factory C. In the very beginning, Xiao Zhang was so excited
with the new life in Guangdong. He thought he could get rid of the hard work on
the farm since he was turning a new leaf in this gold fieldmine. Nevertheless, his
dream was not fulfilled in and bore no resemblance to the stark reality.
Less After less than one month,
he complained of the irritating work in the factory. He worked around the clock
with repeated mechanical motions and earned poverty wages. Worse still, he
needed to serve the management appropriately. In fact, what they the three could save is
very little; between them
it was . It is about less
than ¥1000 a month. They wonder when they could collect enough money to rebuild
the house at home.
Xiao Zhang missed his father and
grandmother very much and has thought to quit for several times.
However, his mother and sister continuously convinced him to stay. Although he is a young adult,
sometimes he cries secretly under the his blanket at the bednight. He described his
working life as "Days wearing on like years".
His mother estimated that they could
get enough money for the new house in the coming March and they would quit and
back home together. Xiao Zhang is looking forward to the day of return. However, it is
very difficult to quit in this factory. Workers need to apply for resignation.
They even
do not even know
whether they can leave with all their wages released. If they quit themselves,
each two-month wages withheld will be confiscated. In the case of Xiao Zhang
and his family, they need to sacrifice the 6-month wages all together if they
do so.
Therefore, they worry whether they will all get all compensated
since this amount of money is very important to them and it is not an easy money.
Xiao Chong Factory C
Xiao Chong said, “I have worked in this
factory for more than one year. To my best knowledge, it is a Hong Kong
invested factory. All the management and marketing strategies are adopted from
Hong Kong. But 95% of workers are from the mainland…… The biggest costumer of
this factory is McDonald’s and Disney is the second one. For Wwe are in the
coloring section, what we all labor now is only forfor only these two brands.
However, our wage is very low. We get a few cents [RMB] for a piece ofthe toys we mademake; some time the prices
are even less than one cent [RMB]. I have never seen the prices are higher
than 10 cents…... I thought that’s why our boss runs a plant here. You know.
Labor force in China is cheap. It is good for our boss and Disney to make big
money. Otherwise, why do they
ran come here to run a factory here?
Why do Disney move
their production lines here?……Is the wage proportionate to our work force?
Surely not. It is impossible. I can say that this factory is running in a
typical western capitalist system. It exploits our residual value. Our boss
shares a very little of his profits for our wages. No one queriesy why we get such littlea small amount. That’s why
our boss gets richer and richer!”
Xiao Ping Factory G
Xiao Ping, 30, has worked in the sewing section in Factory G for more than two years. She generally works 80-120 OT hours a month and receives ¥800-900 (US$98-110).
She and her husband were farmers in
Hubei. However, what they earned from the farm were was far from supporting
their basic living. Hence, bBoth
of them rushed to the South and started to work here. Her husband is not
working in the same factory but an electronics factory nearby. He earns ¥700-900 (US$85-110)
a month which is nearly as the same as Xiao Ping gets. Their only son, aged 8,
is living with Xiao Ping’s parents-in-law in Hubei. They send money home and save every penny left. Subtracted
those money they sent home, they save every coins left. Although
their factories are not far awayapart, they do not rent a room to live
together but live in the collective dorms respectively. Again, it is because
they don’t want to spend extra money. As the lunch hour and working time are
different, it is uneasy for them to meet. Xiao Ping’s husband sometimes waits for her at the gates at
the lunch break and to meet for a while.
In fact, they think that it is impossible to continue in this manner. They do not want to work like this for the rest of their lives. It is their dream to save some money and run a small business in their home village some day. They do not know when this dream can be accomplished. Surely, it is a far-reaching dream because the amount they can save is very tiny.
Xiao Liu Factory H
Xiao Liu, 27, comes from Hunan. He has been worked
in Factory H for 3 years.
He is not the an ordinary worker, but a member of the office staff in the office.
Although his benefits are much better than the workers’, he is very angry at
the harsh practices in the factory.
According to him, worker exploitation is always
happenedis
common. The most disgraceful thing is about the payment of wages wage in
arrears. It is very common for the factory to withhoeld wages for two months. In fact,
many workers need to send money home to support their families in home villages.
It will make big troubles to workers and their families when
wages are delayed to for release. It is very common for workers to
borrow money for emergenciesy
from their friends. Many are in debt. In On some occasions, they find no way to borrow
money because everyone suffers from wages being withheld for months. Nobody
escapes.
In face of these harsh conditions, many
workers want to leave but it is very difficult to resign. If workers cannot get
the permission
to resign, no withheld wages
will be refunded. In the other words, they have to sacrifice the withheld wages
if they quit. However, some workers preferred to give up the money in order to
get free from this “hell-like” factory. Workers are never insufficient in the
factory. Many leave and many come. Hundreds of people will surround the factory
and wait for interviews when a recruitment notice is posted.
A strike was broke out in July 2000. It was again because of wage in arrears. As a result, the management released May’s wages in late July. In fact, two months wages were always kept in the employers’ pocket.
Apart from wages, workers complained
that they always worked 7 days a week, and were that there was never
compensation according to the law. Owing to the bad food in the factory and the
dorm regulations being
is very
strict, Xiao Liu rented a room and lived with his village mates. Although the
place is not nice and spacious, they treasured the freedom they have. Talking about the days of working
in the South, all of them sighned,
“If I had a decent
life and earned enough for
basic living at home, I would definitely not go come here to work. No
place is better than my home.”
Xiao Meng Factory I
Xiao Meng, 22, has worked in the
assembly section in Factory I for a year. She is from a poor peasant family in
Sichuan. Like other girls, she came and worked in the South after she completed her junior
class. The working life, to the young girls like Xiao Meng, is very boring. She
sits and repeats the simple motions more than 10 hours every day. Her sWage is very tiny, and which is only about ¥400-500
(US$49-61) a month.
In order to save ¥200-300 (US$24-37) a
month and send back home, she seldom spends a penny for herself. Although the
amount of what she sent is not a big money in the city, it helps a
lot in the rural areas where may have no income for several months. It is all
for her siblings’ school fees, family expenditure, some seeds and fertilizers for
the farm and etcso on.
In order to support the family, she
insisted to stay and work in the South at the moment. However, she always
dreams, “There is a day coming that I don’t need to work. I can go back home
and reunion
be reunited with
my family”. According to her plan, she will go back home in two years and then
get married when she will no longer need to cross the mountains to work for
prolonged hours. .
Xiao Chen Factory J
Xiao Chen, 19, is from Hunan. She was
living with her parents and a younger brother until her father was fell very sick and then
died in 1995. As the family had borrowed a large sum of money from their
relatives and friends for her father’s medical expenditure, they were in a very
difficult financial situation. Since then, Xiao Chen quit in primary school
and worked on thein farm with her mother to pay the
debt. However, output in their farmland can only pay for their basic livings.
Half a year later, her mother suddenly left the village without notice. Xiao
Chen could not find where her mother was.
It was difficult for Xiao Chen in at age 14 was very tough
to face this situation. She asked one of her aunts to take care of
her younger brother and went to the South with her village-mates to look for find a
job. At the very beginning, she was not familiar with the lives life in Guangdong[6].
In addition to her low education level, it iswas very hard for her to
find a job in factories,
but she did some
minor jobs (like washing dishes)
at the small food stalls run by her village-mates.
Later, she was introduced to work in
Factory J which is a toy factory. In order to work in this factory, she
reported older than her real age when she made an ID card. Although workinged 10-13 hours a day,
often 6 days a week and only earned ¥500-800 (US$61-98) a month, she felt good because
she could at least have a stable income.
Owing to her need to send more money to support her
brother’s living and schooling, she lives frugally and prefers not to go home even in
holidays. Recently, her brother, who just graduated from high school, has
informed her that he could not get any offer from the university. Xiao Chen
knows the importance of pursuing higher education in society. Therefore, she
told her brother to repeat and apply to the university again next year. As the
same time, she heard the news of her disappeared that her mother getting had contracted cancer and was in the terminal phrase in
Hunan
from the village-mates. Luckily, the peak production season in the
factory has just gonefinished. She easily got the permit to take
leaves
and return home with all her savings. However when she arrived home she learnt that
her mother
was certified to have only one-month life leftmother had been told she had only
one month left to live. Spending all money her savings to pay for the pain-relieving
injections for her mother, she had no more money for her brother to study as
she promised. As holidays were over, she rushed to the factory again. Soon laterafter returning, she
applied for holidays
again. But
However, this
time,
she knew that she would not be recruited again and lose the her job eventually. More
importantly, she was
jobless, penniless and had no alternativesas well.
Xiao Huang Factory K
Xiao Hunag, 37, comes from Hunan. She is married and has two daughters, aged 13 and 17, studying in secondary school. The household expenditure is about ¥600-1000 (US$73-122) a month. Before going to the South, she and her husband worked on a farm and a construction site in their home village respectively. However, the income was too little to sustain their living.
She heard that it was easier to earn money in the South and then headed to Guangdong to pursue her “Golden dream” in 1996. Because she is older, married, and uneducated, she could not find a job easily until someone introduced her to work in Factory K.
However, either working or and living conditions in
this factory are very harsh. At the very beginning, she received ¥8 (US$1) a
day (from which the factory
had not yet deducted the fees for food and dorm) which was only enough
for her own expenses (but
no savings). She sadly said, “No alternative. Like me, old, married and
uneducated. It is not bad…. at least I got a job.”.
It is a dilemma. She is unable to find
a better factory and does not want to go back home with nothing, so she has insisted on working in this factory for 4
years. Within 4 years, she got ¥500 (US$61) a month at the maximum, and as a
minimum ¥150 (US$18). In
order to save money, she has not bought a single item of clothinges for herself in during these years. Even
so, she felt regretful that she has only sent ¥3000 (US$366) back home. Surely,
she aimed to work harder and earn more money. However, she failed because the orders for the factory is are very unstable. Occasionally,
there was no order to do for 10-20 days. Even worse, the
factory never guaranteed to pay the minimum wage. Many workers complained that their income was not
enough for their living. Xiao Huang mentioned, “Workers who are capable have
all left. Only those dummies, like me, remained in this factory.”
Due to the food and accommodation
offered by the factory are being so poor, Xiao Huang preferred to rent a
wooden shed outside the factory with 4-5 village mates. One of our researchers
accompanied her to a the market. She bargained with a vendor for a
slice of pork costing
¥3.5 (US$0.4) and then explained embarrassingly, “I spend each penny very
carefully. In fact, I seldom buy meat”. Recently, the factory has had no order
again. She planned to leave and decided to apply to a toy factory in Hunan. She
claimed, “Everything is very uncertain. I even don’t know whether I will come
back again.”
Xiao Lin Factory K
Xiao Lin is 36 years -old. Like Xiao
Huang, she comes from Hunan,
and has been working as a sewing worker in Factory K since late 1999. She
borrowed her younger sister’s ID card to apply to work in the factory because
she thought she was too old and the factory would reject her.
Her husband has been working in a watch
factory in Shenzhen for 3-4 years. His wage (overtime payment included) is
around ¥1400-1500 (US$171-183). They have a son and a daughter, 16 and 17, studying
in hHigh
school. The financial burden is very heavy. As a result, she quit to working on the farm and moved to the
South. Because of her limited conditions, she could not find a job in any
factories but Factory K. Workers claimed it as a “nobody wanted” factory.
According to Xiao Lin, her wage is not enough for her own living. In order to pay for their kids’ school fees, she and her husband need to send home at least ¥1000 (US$122) a month. However, the couple then found that it was very difficult for them to live in the area. To save money, they shared to rent a room with three couples. She said, “It is very embarrassing. The so-called privacy is just covered under the curtain hanged on the edge of beds.”
She complained, as Xiao Huang had, that the factory’s orders is are very unstable. For
example, she only worked
two days in June 2000. After deducted thedeductions for fees for food and dorm, she only got ¥157
(US$19) which could not sustain a decent living.
In order to fill Disney’s need. Xiao Lin
mentioned,contracts,
the management has established a particular section to dosolely for Disney’s order
since June 1999. The fringe benefits offered in this section are more
attractive than the others, e.g. alternative Sunday off, off on Sundays and a daily wage of ¥16 (US$2). However,
it is not the case in reality. Compared to the other sections, ¥7 (US$0.9) out
of the daily wage is deducted for the food and dorm which is unreasonablye high [while those
in the other section charge ¥60 (US$7.4) per month]. Workers are very
disappointed with the factory but have no alternative instead but to stay there of staying
here.
Xiao Wang
Xiao Wang was a senior section leader
in a garment factory which used to produce for Disney till the company claimed
that this
the factory
failed to comply with
the company's Code of Conduct and hence it terminated the order in April 1999.
Meanwhile, the factory moved to a new site in an industrial zone nearby. Since
then, workers were no longer offered free food and dorm. With the a tiny living allowance of ¥210-240 a month
provided by the factory, workers need to rent their rooms outside and pay for their food. Xiao Wang
shared a room of 60 sq. m. with his five village-mates near the factory.
Before Disney cut the order, Xiao Wang
could get ¥1000-2000 (US$122-244) a month. However, his wage was reduced
rapidly to ¥300-400 (US$37-49) in which the living allowance was included. Some
workers even
gotreceived as
little as only ¥200 (US$24) a month. It is surely not enough for their
basic living, let aloneg
to support the a decent living. Many workers complained that
the factory had very insufficient orders since Disney gone left, and they were pushed
into a very difficult situation. As the factory did not provide dorm and food,
workers had to pay themselves for the rent, water,
electricity, basic household materials (i.e. coals, rice, oil, and salt),
gasoline, temporary residence permit, and rental certificate out of their own pay.
Their dropped
reduced wage
could not support them to liveall this.
A worker mentioned, "The
management is only
concerned with how to maximize their own profit. Workers Problems and conditions encountered
problems
and conditionsby
workers are never in the management's agenda. Although the factory had
very few orders to do, workers were still paid in at piece-rates. The management ignored that the workers were
paid less than the minimum wage. Even worse, the factory tried to force the experienced
workers to quit themselves in order to save paying them compensation."
Many workers quoted what the management stated to them, "Now we are in
hardship. We have difficulty
in to
paying
you [the minimum wage]. This is the situation. If you like it, you can stay.
Otherwise, fuck off." Workers were very angry about it. Owing to low wages, no guarantee from
retaliation and the management's indifferent attitudes, however, many of them
chose to quit the job themselves and find another one.
Xiao Wang worked in the factory for
five years. As an experienced worker, he was at firstly
hesitated to tell the truth which he thought was like bad mouthing the factory. However, ,
but the
disgusting conditions urged him to express discontent. He complained that the
management turned a blind eye to workers' difficult situations. "In the
peak season, workers labored around the clock in order to meet the deadline.
When the factory encountered difficulty, they sacrificed us as the first
victims. All the adversities were paid at our expense. They failed to provide
the minimum wage but abused our workers' rights at their will." Xiao Wang
was also disappointed with Disney's approach. He thought that Disney should
have an obligation to
take care of workers who produce for the company. In fact, Disney failed to do
so. He commented, "Disney has is only concerned with its good reputation.
When its suppliers are revealed not to comply with the local standards and its
Code, they will mostly cut their order and move the production to another
facility. What Disney did is to walk away from the scandal and draw a line
between this problematic facility and Disney. They wash their hands as if it is
none of their business." He added, "The Code of Conduct is not made
for workers. It is only a tactic of window dressing and PR for Disney."
Xiao Wang found no alternative to press the management to improve the
situations and finally quit his job without any compensation.
Several workers could not tolerate the
worsening situations and lodged their complaints to the local labor bureau.
After the latter's intervention, the management agreed to pay the reasonable
compensation to these workers. However, many workers, like Xiao Wang, left this
factory without refunding receiving the withheld one-month wages and
getting any compensation.
1. Code of Conduct
In the face of increasing consumer
campaigns and the
anti-sweatshop movement, most many TNCs
(particularly for those
about producing the consumer
goods) have respectively issued their own company’s Codes of Conduct with during the last decade.
The emergence of Codes
initially soothed
consumer rage. However, people have not been convinced that Codes improve
workers’ conditions and wages, particularly since much research has shown
workers know little of the Codes. Hence, campaigns designed to exert pressure on
TNCs have once again become popular. smoothed the rage from the campaigns and pleased the consumers
shortly. Soon after, people found that the Code was not the panacea and most
workers did not know the Code. Hence, the campaigns have arisen again.
Can a Code of Conduct help?
Few Several years ago, workers
in China always mentioned that they have had never heard of Codes of Conduct. Some of them even confused the
Code with the factory regulations. However, the situation has been changed slightly changed. Based on the interviews we made conducted with Disney
workers in this report, more workers claimed that they heard and knew what the
Code was. However, it does not mean that the Disney' Code works and helps
improveing
the workers’
working and living conditions. On the contrary, workers are still exploited, and as well as also pushed punished for the problems in the
relations into the flaws between Disney and the
factory. They are under bigger pressure in terms of the Code.
Although more workers know
about Disney’s Code, they only recognize its content but never associate it as
a tool to protect their rights and ensure that they have a decent living. Some
told us that they
learnt the Code because they were forced to recite the its content. They told us that iIt
is to entertain the visits of the Disney monitors and
other visitors. They Workers are commonly asked whether they know
about the Code. And that is why they need to memorize the content of the Code. If they cannot
answer the questions properly,
and make
the factory shamefulthus bring shame on the factory, the
management will penalize them. To these workers, Disney’s Code is not the same as the factory
regulations but still a piece of evil paper like a curse which will negatively
affect their job and living.
In Disney’s Code, it states
that the factory will authorize Disney and its designated agents (including the
third parties) to engage in monitoring activities to confirm compliance with
the company’s Code. However, many are announced visits. Factories will be
informed in advance. Workers claimed that the monitors could have
neverwill
never be able to uncover uncovered the
truth under
this circumstanceof what happens in the factory if visits are always
announced. As we noted
in the previous section, cheating always happens in these monitoring
activities. Double bookkeeping is always used to overstate the wages and underreport the
working hours Under-aged
workers are moved and or locked up when the monitors camevisit. Workers are brainwashed ordered not to disclose
the truth to the monitors. In order to pass in the investigation, there are
many methods for the management to fool the monitors.
We are not saying suggesting that we should to sympathize
with the Disney monitors,
who are themselves also the victims and being
fooled by the trickyof dishonest management. . Yet, theyDisney monitors should
definitely bear some of the responsibilities. It is their fault that they do
not try
their bestwork
more effectively to dig out the real conditions in the factory. Moreover,
they could
cannot gain
the workers’
trust to report the truth because there is no guarantee against retaliation in
the Code. Disney is duty bound to rectify these problems.
Comply or not comply?
For the TNC, compliance is the soul in
the Code of Conduct. Disney is
deeply concerneds
whether their suppliers comply with the Code more than everythingor not. Reviewing the past
experiences, Disney tends to terminate the orders from to the non-complying
factories. Instead of working with the suppliers to fix the problems, the cCompany prefers
walking away from the particular factories involved in any the scandal.
Workers are again to be the first victims; as no working
condition is
are not improved
and some of them even lose their rice bowls. Disney’s commitment in respect to workers’ rights is not
implemented.
Disney has repeatedly denied taking using the Code of Conduct
as the a PR practiceexercise. Therefore, the
Company should be concerned not only about suppliers’ compliance, but also workers’
interests. “Cut & Run” is a definitely irresponsibley practice. Workers
are left in the a black hole. As the last case mentioned in the part of workers’
story aboveies,
workers were
truly suffered from the negative consequence of order cutting.
Their wage got was rapidly decreased and was less than the
minimum wage, It was totally
far from sustaining a decent living. It seems that wWorkers’ interests
are further sacrificed in the compliance examination.
Cutting the problematic factories’
order is the simplest way for Disney to keep their hands clean. By doing so,
Disney can immediately walk away from the disgrace and targeting contract the new
suppliers. It is always not a problem to for Disney to find the new suppliers to replace the problematic
ones. In fact, there are thousands of factories waving their hands to Disney to
show interest in getting the contracts. In order to complete
with other factories, most are willing to offering cutthroat
prices and attractive benefits to Disney. If Disney cuts orders, it does them no harm. In
some cases, they even take advantage of doing so. As the with other TNCs, what they
are looking for in China is mainly the cheap labor. Tracing In fact, chasing the cheaper
production costs is a
must.
Cost of implementing Code- Who pay?
Disney, like other TNCs, is
enthusiastic to promote the Code of Conduct and demand their suppliers to comply
with it. However, this raises a set of questions and issues. For instance, does
Disney consider the cost of implementing the Code when it enters into contracts
with Chinese suppliers? Who
pays for it? What criteria does Disney use when choosing its hen Disney
considers their business partners? no matter the license agents or
the manufacturers, what are the criteria using? It is questionable
whether they access the working capacity of the factories in advance. Can the code
of conduct be implemented under the cutthroat offers
provided by the factories
willing to reduce costs so drasticallyy
work in practice of the Code of Conduct? All these
this information is very crucial. Disney
should not turn a blind eye to select the partners
purely on the basis of profit. When the Company requests their partners
to comply with the Code of Conduct, they should definitely bear the cost of
Codes of Conduct. Nevertheless, most of the
non-compliances are directly or indirectly contributed by Disney’s “Race to
the Bottom” mechanism. Therefore, it is totally irresponsible to push all
the duties to the factories when non-compliance is found. As a Chinese old
saying says, “How come
tocan you expect a horse to run fast and yetif
you won't feed it?”
In
Disney’s Code ,
it requests their
partners to comply with the standards in terms of working hours,
wages, and social security. The questions Disney should ask are: Can the
factory provided
terms conditions
the meet fit
in the standard of the Code? Is their
manpower enough manpower
to meet the deadlines? Do
Will the
workers need to work overtime to
meet deadlines, and thus exceeding
breech the
legal Chinese law or the
standards of the Code’s
standard? Are the prices offered
for the contact sufficient to pay at least the minimum wage and the
overtime payment as stipulated in law? Is the order too huge to finish on
time, and or
will the factory need to subcontract to the
other factories s
in order to meet the deadline? These questions are important, and show that iImplementing Codes
of
Conduct is not a simply
lip service and free of charge. It costs money! And
Disney should pay it!
Disclose the information!
Unlike other TNCs, Disnnsey has a large variety of products
(i.e. Garment, footwear, accessories, toys, homeware, stationery, blankets and
so on). Some products are
can only be sold limited
to sell in Disney’s Stores; some are
can only be sold in the particular sector in the Department Stores, in Disney’s
theme parks and in
by street vendors. In
addition to itsThis licensing system,
it makes its business relationship more complicated. Many Much
of Disney’s businesses
in consumer goods are
is through the
trading agents and licensing houses. The Company mostly usually
authorizes the
middlemen to contact the
manufacturers and ever
thus Disney has have
little knowledge about them manufacturers. No wonder they do not know how many
suppliers they really have, how many big or small factories are making for
them, and even how many workers help them makeing huge profit.
It is very common for the TNCs to view
the suppliers’ information as their own property and refuse to disclose any of themit.
Disney has never disclosed any list of
suppliers to the public. If the Company is
really commits committed
to face the consumers and bear the its
social responsibilities, they should disclose the
suppliers’such a list to the information for the public for
scrutiny.
Some TNCs have disclosed information of about
suppliers who
produce for their partner universities to the public in recent two years. In fact, the consumers are getting more aware
of their rights, and now
believe they should have channels
to ensure their products are not from the
sweatshops. Hence, there is really
no way excuse
for Disney to decline our demand
that they release a list of their suppliers so that we can ensure that
conditions do not breech Chinese labour law.s.
Based on the
a game initiated by Disney (“cutting &
running” is the main game rule), we are just
like playing “Hide-and-seek”
with Disney. When we disclose any factories with poor working conditions,
Disney will cut the order and move to the other factories. Under this
circumstance, it is more difficult and exhausting for the NGOs and the public
to keep tracing and monitoring the production lines. It is a must to disclose
all information of its suppliers for public scrutiny.
2. Workers’ participation
At the very beginning of the consumer
campaign, people think that the emergence of a Code
of Conduct can bring
theenable workers
into the platform where they canto
communicate with the TNCs and the consumers. However, it
we have found that this ideal model did does
not work.
Who’s Code?
If workers are really one of the actors
in the process, why are they absent
in the virtual platform? Reviewing the Code of Conduct, almost all
of them adopt the key conventions in the ILO and about the basic workers’
rights (i.e. Child labor, prison labor, wage, working hours, occupational
safety & health and etc.). However, workers are not involved neither in Code’s drafting and or
in its monitoring process.
As workers is are
the key actors in the platform, it is unacceptable
that they are excluded in this issue. If
Disney is really committed, as they say they are, to improving workers’
conditions, then why not include them in the whole process of the Code:
formulation, implementation, and monitoring?
However, Disney appears to have little regard for
workers. IInstead
of allowing workers to monitor their own working
conditionsusing
the workers to be the real monitors, Disney prefers spending to
spend lots of money to huge
money to employ a group of outsiders (i.e. Disney’s
compliance team and the
professional social auditors).
Rather than including workers in the processes designed to improve their
conditions, Disney places all responsibility with to have the
“so-called” independent monitoring and
teams to check whether the
factories comply with the Code or not. Workers are the ones who
work in the factories day by
in and day
out. They know the machines, the odors, the dangers, the
poorly lighted areas intimately. Surely these people are more eligible to
monitor the factories on a daily basis
than infrequent visitors. Monitors and auditors are obviously skilled in some
tasks, but it is ironic that Disney refuses to include workers in processes
designed to help them. Until workers have a say in every step of the monitoring
process, claims by TNCs like Disney that they are concerned with working
conditions in factories which supply for them are likely to fall on deaf ears..
MoreoverOn
top of this, it is worth questioning how independent and effective such monitoring as
it stands is. Even if
we ignore the lack of participation by workers, we
still question the validity of the audit process.
For instance, hHow
frequent they are
audits conducted?conduct
the audit? As we revealed above, the real monitoring cannot
function in the concurrent mechanism where cheating appears
to be the norm.always
happens. Furthermore, we doubt the
credibility of some monitors; for
their ability as professionals
able to detect occupation and health problems, and
as people committed to bettering the conditions for Chinese workers. We
agree with the findings of Dara O’Rourke’s
recent study that some professional auditors working for global
accounting firms overlook serious breeches of codes and labour law.[7] Further,
we argue that such audits have little or no credibility with the workers
they claim to representthat
where these outside monitors’ credibility come from and whether workers endorse
them to doing so.[8]
No real independent monitoring is
existed exists at
all until workers are involved in it
at every step of the process.
In
order to promote workers should
be the real monitorsas monitors, it is important to urge Disney
to provide workers’ rights education in the plants. The basic right of workers
is indeed to learn their rights and how to exercise
them. Apart from Disney’s Code, it is a must for the workers to know the
Chinese Labor Laws. Truly, most statements in the Code refer to the national law legal
standards. Also, the code is a voluntary document,
but and
the company is not legally bound
by agreeing to it, or failing to comply to it.. National law is a more
powerful and comprehensive reference,
and should form the basis of the conditions in
any factory in China.
For sure, workers should have the
channels to express their ideas and comment; and to
participate in the Code of Conduct and monitoring process. In this
research, we found that workers were
given no room to voice outhad
no forum in which to voice their discontent or grievances. When they have are
discontented in
with the working conditions, there is no
established channel for them to reach Disney to lodge their complaints. Workers
mentioned that they were threatened not to disclose the negative conditions in
the factories to the monitors on the spot. They would like to share their
demands and reveal the truth to Disney with the guarantee of no retaliation.
Workers should not be hidden in the tripartite relationship,
as shown in the diagram on the right.
At present, the lines of communication are between
the TNC and consumers; no such channels exist between workers and consumers, or
workers and the TNC. Promises are not built on the
paper paper, but on the
action. Disney should listen to the workers
and take action on their grievances.
In the jumble of speed, money, human
resources, and media collaboration, Disney and
the TNCs can easily take
form a manipulative relationship over with
the consumers and the
publicworkers. They can
have the resources to handily
spend millions of dollars to exaggerate their “good deeds” through
different media. They can likewise and pay social auditing
companies handsomely to conduct research inside known
good (model) factories. Obviously, it is a relationship
defined by one-way communication which favors
the TNCs to convince the consumers that they are doing well.
We are looking
forrequesting a the breakthrough and theso
that we can have an ideal and fair tripartite platform in practice.
Workers from the rural areas rush to
the South. It is a very tough life. Consumers from the North always wonder why
these people can work in these adversely
conditions. Without doubt, the main driving force is their tiny wage. Many
workers who tear themselves away from their hometown earn money for their
family in the rural area. Hence, they are willing to work around the clock, day
by day in order to earn more money and help
the family getting
rid ofescape from poverty. The harder they work, the
faster they can gain more money and return home. That is why they prefer to put
up with conditions others may find too harsh.
Wages
is are
always the first demand of workers. Based on the findings
mentioned in previous partsections,
most of their wages are very low and always paid in arrears. More importantly,
it is usually far from sustaining a decent living. Although there is a Minimum
Wage law in China, it cannot help them escapeing from the
financial difficultiesy.
It is mainly contributed by the fact that many employers treat the Minimum wage
as the Maximum one. They press workers to receive the lowest prices. In
addition to no overtime compensation, what they get is very limited. Besides,
the minimum wage in China is not high enough to compensate for a rapidly rising
cost of living. Under these multifold pressures, more workers complained that
they could not send money home and even have difficulty to support their own
living in the South in the past few years.
According to Paper 133 (Labor Bureau,
1993), the minimum wage is composed of basic wage, bonus, allowance and subsidy
while the overtime bonus and the allowance of special labor conditions are
excluded. In reality, many employers make use of the
legal loopholes. To cite an example, some workers get the wage as
the minimum wage level. But their employers mark
demand very high prices
for the dorm fee, food fee, and fines. After these over-marked or unreasonable
deductions, they get fewer
less wages.
It is very important to demand that all
the workers (no matter whether they are paid in piece-rate, hourly,
or in by
other mechanisms) should be fully compensated with for
their overtime work. Also, the daily quota system should be strictly
monitored. It This
is because that
many workers revealed that they were requested to work in at
an unreasonable fast ratehigh
quantity level. They cannot finish
ithope to meet quotas within the normal working hours,
and hence the management requests them to do
overtime without paying them compensation. It is unfair to push the
fault to workers when they are not able to meet the
unrealistic daily quotas.
In order to let workers know how the
wage is calculated, it is a
must to give each worker their payrollessential
that each worker receive a pay slip. Their payroll
pay slip should clearly show the piece rate,
the basic wage, overtime working hours
(OT on weekdays, weekends, public holidays), overtime compensation; the
deduction for social insurance, dorm, food, fines, and temporary residence
permits; and the others.
All these items should be clearly mentioned in the payroll.
Wages
is are
the most important thing to the workers. Hence, we demand Disney to
improve the wage system in the first place and pay workers the
a wage that compensates them for the rise in
the cost of living.
Do it anyway! Social Responsibility
Social responsibility is a very serious
topic. It is surely not an excuse for PR. More importantly, it is a every
TNCs basic duty
of everybody. Nowadays, more and more companies stand up and
declare that they will strictly carry out their social responsibility and
establish their Code of Conduct. However, many simply
pay lip service to it.paid
in the lip service. It
isSuch a tactic is fully illustrated in this Disney report
on Disney.
Disney always claims to bring the joy
to the people;,
however, please do not ignore the workers behind the label. To
Disney we say, “Disney,
Ccarry
out the social responsibility you declared. Stop workers' exploitation, respect
their rights, and pay them a living wage!”
1. Disney should promote worker rights education at the workplace.
2. Disney should actively involve workers in the monitoring process. They should be empowered to be the monitors at workplace in the long run.
3.
Disney should provide accessible and trustworthy channels
(e.g. letter box in factory and paid postal envelopes)
for workers to lodge their complaints to Disney and other concerned parties;
the company should guarantee that there will be no retaliation to theagainst
workers.
4. Disney should strictly monitor and assist their suppliers to comply with the national labor laws and Disney's Code. Instead of simply cutting and running, the company should work with the non-complying factories to improve their situations.
5. Disney should disclose all information of its suppliers for public scrutiny.
It is announced that theThe
fifth Disneyland will be opened in Hong Kong in 2005. Obviously, Disney is
going to extend its aggressive plan
expansion and control
dominance in Asia. It is consistent to with
Michael Eisner's, Disney CEO, management strategy. In recent years,
his pressing task is to further expaend Disney's oversea market[9].
Besides, Robert Iger, President of Disney, claimed openly in HK that Disney
planned to focus on building the Disney brand in Asia. Personally, he is very
bullish for Disney’s prospects in Asia[10].
Disney is coming
to Hong Kong more vigorously soonand
will be more vigorous in its advertising. It is
will be a golden opportunity to launch a
local consumer campaign which
to raise the Hong Kong public’s awareness
about TNCs' social responsibilities and their consumer rights. More
importantly, Disney is a very good example to illustrate the process and effect
of Globalizationglobalisation
and the impact on workers’ lives.
In the past few
years, we found that consumer campaigns in the North have been well- developed.
Moreover, some of our China labor researches were used as helpful information
for the consumers in the North. Through different campaigns, they exercise
their rights, press Disney and other TNCs to bear their social responsibilities
and help improveing
the working situations
in China. However, local campaigns did not move much.
However, the
consumption power in Hong Kong is very high. This
is eEspecially true
for the youthyoung
consumers in Hong Kong, given that they consume the biggest amount of
money in Asia. According to a research
by a concerned group last year, this 900 thousand population of aged people
aged between 7 to 18 youth
in Hong Kong spent more than USD 1 billion a year.[11]
As Disney is expaending
its brand-building in Asia, we should not doubt to promptly launch a local
consumer campaign.
It is a critical moment! We have been distributing the booklets of “BOM! Beware of Mickey!” to the citizens and particularly for students. Up to now, the feedback is very good! In the coming months, a BOM! Web page and an electronic link to circulate the information of local and global Disney campaigns will come out.
Our campaign is
not calling for a boycott. We are mostly concerned with
workers’ rights, because it is totally unacceptable
to see workers are
sacrificed as scapegoats as
a resultin a strategy of “cut and run”. We call
consumers to urge Disney to improve the working and living conditions and
commit to respecting workers’ rights. Instead of calling for
a boycott, it
is our slogan is “Beware of Mickey!”.
[1] Reading atSee, http://disney.go.com/investors/earnings/q400_b.html
"Fourth Quarter Report 2000 of Walt Disney" Read onAccessed November 15
2000
[2] "MULAN's sisters:
Working for Disney is no Fairy Tale". HKCIC. April 1999. In the report, 4
factories were investigated. One of them had already been closed .
[3] Reading atSee, www.forbes.com/ceos/ "Forbes Top
CEO's: corporate America's Most Powerful People 2000"
[4] It is the These are scales in the penalty system in
the factory. They are warning, small demerit, and big demerit which all will
subject to fines.
[5] It is the minimum wage in
the area.
[6] Guangdong is one of the provinces in South
China. As it was the first part to be developed after the Open market policy in
1979, there is the biggest number of foreign invested factories established in
the region. Because of huge job opportunities, many people in rural area
considered it as “paradise of Workers” and “Root of Rich”.
[7]
Dara O’Rourke, Monitoring the Monitors: A
critique of PricewaterhouseCoopers (PwC) labour monitoring. (Available at: http://web.mit.edu/dorourke/www/index.html)
[8] For more information, please
prefer to HKCIC. April 2000. “No more manipulative games by transnational
corporations: Call for International solidarity of the working class” Alice
Kwan. HKCIC.
[9] Reading at http://www.emba.com.tw/emba/158/158go12.html
"Disney is facing crisis" in Chinese. Read on November 15 2000.
[10] “Walt Disney focuses on
brand building” South China Morning Post on November 17 2000.
[11] Ming Pao. “HK Youth has the
biggest pocket money in Asia”. March 25 2000.