Experts Share Strategies for Stopping Wage Theft of Migrant Workers

Experts Share Strategies for Stopping Wage Theft of Migrant Workers

A significant number of migrant workers worldwide are not paid for work performed, and legal remedies to recover them are few. But new policies have proven effective in ensuring migrant workers are treated fairly, a global panel of experts said yesterday.

“Paying workers their wages in full and on time is the basic bargain in employment relationships—when someone works, they do so in exchange for payment from an employer. Yet, for many of the 169 million migrant workers around the world this is not their experience,” said Neha Misra, Solidarity Center global lead on migration and human trafficking. “This is not a simple issue of wage arrears, like a clerical error. This is THEFT.”

Misra co-moderated Innovative Strategies for Improving Migrant Workers Access to Justice for Wage Theft, a panel bringing together migrant worker advocates from Australia, Canada, Colombia and the United States to share promising practices championed by labor and migrant worker rights advocates and adopted by governments and employers. Jeff Vogt, director of the International Lawyers Assisting Workers (ILAW) Network, was co-moderator.

“We need to educate and motivate governments to take action to remedy wage theft, including in supply chains,” said Laurie Berg, co-executive director of the Migrant Justice Institute which, along with Solidarity Center and ILAW, a Solidarity Center project, sponsored the event.

Freedom to Form Unions Key to Ending Wage Theft

Panel on ending wage theft for migrant workers, Solidarity CenterFew migrant workers are covered by labor laws, and an overarching solution to the scourge of wage theft is for governments to provide migrant workers access to these fundamental protections—and that includes the ability to freely form unions, an internationally recognized right that most governments refuse to extend to migrant workers.

Speaking on the panel, Bassina Farbenblum, Migrant Justice Institute co-executive director, ourlined additional concrete measures to address wage theft, drawing on examples undertaken in cities and countries around the world. These include shifting the burden of proof to employers in wage claims—such as requiring the employer to demonstrate it paid the worker correctly—to establishing financial repercussions for employers who withhold wages or ignore judgments favorable to workers. Migrant workers often fear deportation or other forms of employer retaliation if they file wage claims, said Farbenblum. Solutions include allowing migrant workers to change employers without losing their visa, and allowing them to file claims after they leave their job — by permitting temporary stay in the country to pursue wage claims or enabling them to file claims from their origin country.

Berg and Farbenblum detail these and more options in Migrant Workers’ Access to Justice for Wage Theft: A Global Study of Promising Initiatives, a 2021 study undertaken in partnership with Solidarity Center and ILAW. The report supports a new initiative coordinated in part by the Solidarity Center, the Migrant Worker Access to Justice for Wage Theft campaign, a global coalition working to provide remedy and accountability for wage theft.

The project launches a new phase in September, with the formation of a community of practice that will develop policy guides on reform targets to enable advocates to push for law and policy reform, said Berg. The guide will set out a variety of models and examples where reform has been implemented.

Canada, Colombia Examples to End Wage Theft

Panelists Amanda Aziz, a lawyer at the Migrant Workers Center in Canada, and Angélica Palacios Martínez at the Solidarity Center in Colombia, detailed specific initiatives in their countries to end wage theft.

In Canada, where migrant workers’ work visas are tied to specific employers in temporary migration schemes, rights advocates campaigned to establish an open work permit program in 2019 that applies to vulnerable workers with valid permits. The ability to move freely to another job allows them to escape abusive work situations, said Aziz. Similar systems in which migrant worker visas are valid only for one employer, such as the kafala sponsorship system in Arabian Gulf countries that ties migrant workers to their employers and guestworker programs in the United States that do the same, effectively deny migrant workers fundamental rights and fuels abuse like wage theft.

Martínez described how the recent influx of Venezuelan migrant workers to Colombia makes it easy for employers to exploit a vulnerable workforce. Many seek jobs through platform delivery companies such as Rappi, which effectively tells workers if they do not like conditions, they can leave because other workers will take their jobs, she said. While Colombian workers in the formal sector work up to 48 hours a week, migrant workers must work far more because they are paid so little, she said.

The workers formed a union, UNIDAPP, and took their demands for decent work to the labor minister. They also won a court decision that forced Rappi to pay wages they owed workers.

“We’re looking for equality of the treatment of all workers in the country,” Martínez said.

Also speaking on the panel, Ruth Silver-Taube at the Santa Clara University School of Law described how advocacy efforts of a wage theft coalition won a series of victories that included barring governments in Santa Clara County, San Jose, and other nearby cities from contracting with employers who have outstanding wage theft judgments.

Hundreds of Thousands of Tunisian Workers Strike to Save Their Livelihoods

Hundreds of Thousands of Tunisian Workers Strike to Save Their Livelihoods

Solidarity Center
Solidarity Center
Hundreds of Thousands of Tunisian Workers Strike to Save Their Livelihoods
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Hundreds of thousands of public employees across Tunisia waged a one-day strike today after talks with the government failed to address the rising cost of living and sinking wages, even as it increases taxes and cuts social programs.

“The strike on June 16, 2022, is an opportunity for workers to affirm their unity, hold on to their rights, and defy the usurpation and threats, including unconstitutional and illegal burdens,” the Tunisia General Labor Union (UGTT) says in a statement.

At least 96 percent of public employees from 159 state institutions and public companies took part in the strike, according to the UGTT, which says the strike enabled workers “to express their anger at the deterioration of their working and economic conditions, the low wages and the threat to their livelihoods.” The UGTT, which represents nearly 1 million workers, says the government is “undermining the principle of negotiation and backtracking on previously agreed deals.”

Flights were cancelled as members of the Transport General union observed the strike. In Tunis, the capital, striking workers rallied at the UGTT building where they staged a sit-down strike, waving signs, “Do not neglect public institutions!” and “I love the country!” Members of organizations such as the Tunisian League for the Defense of Human Rights, Democratic Women, and the Economic Forum turned out to support striking workers.

Government Bailout at Workers’ Expense

Tunisia general strike June 16, 2022, UGTT, Solidarity Center, worker rights

Tunisian workers rallied at the UGTT building during the one-day general strike. Credit: Montasar Akremi / UGTT

The government is seeking a $4 billion loan from the International Monetary Fund (IMF) in exchange for cuts in food and energy subsidies, wage freezes and privatization of state-owned enterprises.

The UGTT has rejected proposed spending cuts and, with year-over-year inflation at 7.8 percent in May, is seeking wage increases for public-sector workers. UGTT also is demanding that state-owned companies, including electricity and fuel, not be privatized and wants the government to adhere to a December 2021 agreement in which it will negotiate with unions on policies affecting workers. UGTT also is calling for the immediate, case-by-case review and reform of public institutions.

“The current government is determined to make [workers] bear the consequences of its choices,” UGTT says, citing  the current and previous governments’ failure to address its financial crisis.

Global union organizations are backing the UGTT in its efforts to end the impasse with the government, with the AFL-CIO, the European Trade Union Confederation, IndustriALL and others sending letters of support.

UGTT’s last general strike in 2018 was part of a weeks-long wave of mass actions that resulted in a salary increase for public employees.

 

Ukraine “Trade Union Lifeline” Wins Anna Lindh Memorial Fund Award

Ukraine “Trade Union Lifeline” Wins Anna Lindh Memorial Fund Award

The Anna Lindh Memorial Fund in Stockholm awarded a special prize to the Trade Union Lifeline in Kyiv, Ukraine. The Lifeline is run by an informal group of primarily young trade union activists from key economic sectors such as railways, public service, food processing, delivery services and the platform or “gig” economy which aims to utilize union networks to quickly move humanitarian aid through the country to areas of emergency need.

Logo of Trade Union Lifeline, Ukraine, Solidarity CenterThe Solidarity Center and its Ukrainian partner, Labor Initiatives, are key participants in the Trade Union Lifeline, and the Solidarity Center’s Kyiv office is the main hub for its activities. Since the beginning of the war, the Lifeline has worked to link workers in key industries with charitable organizations and other civil society groups to move food, medical supplies, and other needed items to war-impacted communities.  The LI’s Donbas office in Dobropillia has been a critical hub for this support and has helped thousands of refugees in the region find safety in other parts of Ukraine.

“The youth network Trade Union Lifeline has, through admirable relief efforts in Ukraine, shown proof of real union solidarity, not only for members but also broadly in Ukrainian society,” says Lena Hjelm-Wallén, chair of the Anna Lindh Memorial Fund.

The Anna Lindh Memorial Fund annually honors individuals and organizations that help others and strive for a more humane and just world.  The Fund was created soon after the assassination of Anna Lindh, a Social Democratic politician whose two-decade career included service as a member of the country’s parliament, the Riksdag, Deputy Mayor of Stockholm, and Minister of Environment and Foreign Affairs.

The Fund’s $5,550 prize will be awarded at a ceremony in Stockholm on June 16.

Thai Workers Win Historic $8.3 Million in Back Pay, Financed by Victoria’s Secret

Thai Workers Win Historic $8.3 Million in Back Pay, Financed by Victoria’s Secret

Solidarity Center
Solidarity Center
Thai Workers Win Historic $8.3 Million in Back Pay, Financed by Victoria’s Secret
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Agreement, the Largest Wage-Theft Settlement at a Garment Factory, Follows Year-Long Advocacy by International Labor Rights Advocates

The Solidarity Center and the Worker Rights Consortium (WRC) announced today that more than 1,250 Thai workers who sewed bras for Victoria’s Secret, Lane Bryant, and Torrid—and who were fired in 2021 without their legally mandated severance—have received $8.3 million (281 million baht) in compensation. The groups credited the decision of Victoria’s Secret to finance the payments, via a loan arrangement with the workers’ former employer.

Sycamore Partners, the parent of Lane Bryant and Torrid, did not contribute.

“This is a huge victory for the workers and a testament to the courage of their union and the strength of the international solidarity campaign that supported them,” said David Welsh, Thailand country director of the Solidarity Center. “Low-wage garment workers left destitute by injustice meted out by global supply chains is nothing new. What’s new is they did not accept their fate—and won. We also hope this represents a model for the type of domestic, governmental, international and brand engagement to resolve future cases where garment workers are left in similarly desperate straits. It’s an historic case given the amount of the settlement and again, hopefully, a model for the global garment industry going forward in terms of direct brand involvement’.

The workers are represented by the Triumph International Union, affiliated with the Confederation of Industrial Labour of Thailand.

“Our organization has documented hundreds of cases of wage theft in the apparel supply chain,” said Scott Nova, Executive Director of the WRC. “This was the largest theft—and now the most back pay—we’ve ever seen at an individual garment factory. The $8.3 million provided by Victoria’s Secret is also the most any brand has ever contributed to help resolve a wage theft case.”

After the Brilliant Alliance factory closed in March 2021, the Thai government ordered its owner, Hong Kong-based Clover Group, to pay severance within 30 days. Clover refused, telling the factory’s 1,250 low-wage workers it had no money and they should agree to wait 10 years to be paid in full.

With the Solidarity Center’s support and advocacy, the union launched a campaign demanding their severance pay. The WRC and Solidarity Center engaged Victoria’s Secret and Sycamore, pressing them to ensure the workers were paid. The WRC identified other brands that did not use Brilliant Alliance, but had influence over Clover and over a key business partner, Brandix, a Sri Lankan apparel supplier: American Eagle Outfitters, Gap, and PVH. After months of efforts, including campaigning by Clean Clothes Campaign, Remake, and other nonprofit worker advocacy organizations participating in the global #PayYourWorkers coalition, Clover agreed to pay the workers and Victoria’s Secret committed to finance the payments, via a loan to Clover. Last week, all workers received their severance, plus over one million dollars in interest, per Thai law.

Sycamore Partners ignored entreaties and did nothing to support the workers.

“Many of the workers were at the factory for well over a decade and they earned very substantial severance,” said Welsh, noting that the average Brilliant Alliance worker received the equivalent of more than two years’ wages and some received as much as four years’ pay.

“The severance these workers earned was effectively their life’s savings,” said Nova, “stolen from them when they were fired and now restored.” He continued, “Victoria’s Secret should be very proud of what it has done here. The people who run Sycamore Partners should hang their heads in shame.”

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The Solidarity Center can arrange worker interviews upon request.

Notes:

  • While most garment-producing countries require severance, non-payment is a chronic problem in the apparel industry. For more information on severance theft, see Fired, Then Robbed: Fashion brands’ complicity in wage theft during Covid-19, available here.
  • Before closing Brilliant Alliance, Clover Group formed a partnership with Sri Lanka-based Brandix, one of the world’s largest clothing manufacturers. All of Clover’s factories were included in the new company, except Brilliant Alliance, allowing Clover and Brandix to profit from Clover’s assets and its ongoing brand relationships, while the Brilliant Alliance workers went unpaid.
  • Hundreds of civil society organizations, including trade unions and labor rights groups, along with the Solidarity Center and the WRC, have endorsed #PayYourWorkers, an effort to press apparel brands to join with unions to create a global severance guarantee fund, thereby putting an end to severance theft in the global apparel industry.
Polish Federation Safeguards Ukrainian Migrant Worker Rights

Polish Federation Safeguards Ukrainian Migrant Worker Rights

A far-reaching project by Poland’s largest union federation is providing comprehensive assistance to Ukrainian refugees to ensure they have fundamental rights on the job as they take on new employment in the country.

“When the war in Ukraine broke out and refugees started coming to Poland in huge numbers, we knew that we had to integrate them,” says Piotr Ostrowski, vice president of the All-Poland Alliance of Trade Unions (OPZZ), which is spearheading the project.

“Trade unions must ensure decent working conditions for all: For youths and adults. For men and women. For locals and migrants. No matter what passport they have, what color their skin is, where they come from. Migrants must not be exploited.”

More than 100,000 Ukrainian refugees, 75 percent of them women, have found jobs in Poland, an extraordinary number facilitated by a law Poland passed in March allowing Ukrainians entering the country after February 24 to secure employment without special permits.

Yet, like migrant workers around the world, they are vulnerable to exploitation, with some employers refusing to pay full wages or otherwise violating fundamental worker rights.

In March, OPZZ launched Unions Helping Refugees, staffed by lawyers and other experts who educate Ukrainian workers on their rights under Polish law and assist with cases involving unpaid wages or wages lower than the minimum, and offer legal review of employment contracts to ensure they are within the law. The Solidarity Center made a significant contribution toward the OPZZ services.

“In OPZZ, we knew that we had to act as soon as possible to provide refugees with information about their rights on the Polish labor market and where they could go if they had problems,” Ostrowski says.

The free service is available in person, by email or through a new info line. Most recently, OPZZ began offering free psychological consultations for war refugees.

All Refugees Must Be Treated Equally

Poland, Unions Helping Refugees, Ukranian refugees, worker rights“Our team of experts supports refugees in the workplace and helps migrant workers get fair working conditions,” reads a typical post on the Unions Helping Refugees Facebook page. “What do we do and how can we help?”

Through its Facebook page, billboards and posters in bus stations and other transit areas, Unions Helping Refugees is reaching out as widely as possible to connect with Ukrainian migrant workers. Union staff assisting the refugees say in addition to seeking jobs, Ukrainians are looking for information on social benefits and finding housing.

One of the biggest challenges—in addition to trying to assist so many Ukrainian refugees who come to Poland—is finding people who speak Ukrainian: “Many refugees do not speak Polish. Although Polish and Ukrainian are similar, they are two different languages,” Ostrowski says. “The alphabet is also different. In Poland, we use the Latin alphabet. So the main problem is reaching the refugees and the language barrier.”

OPZZ is undertaking this massive effort even as the union addresses issues affecting workers throughout Poland, like falling wages, an increase in precarious working conditions—especially for young people and migrants—and the proliferation of what Ostrowski says are “junk” contracts that do not protect worker rights.

Yet, the bottom line, says Ostrowski, is that all migrant workers and refugees have the same rights as everyone—and must be treated as such.

“While helping the Ukrainian refugees, we should not forget about other refugees,” he says.

“On the one hand, the Polish government is very open to refugees from Ukraine, but at the same time it is very brutal towards refugees from Syria, Iraq or Afghanistan. The Polish government is applying double standards based on xenophobia, islamophobia and racism. For OPZZ this is unacceptable. We are totally against it.”

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