THAILAND: Dismissal of a union leader wearing a protest shirt

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-187-2008
ISSUES: Administration of justice, Freedom of assembly, Freedom of association, Freedom of expression, Labour rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a union leader was dismissed allegedly for wearing a protest T-shirt while outside of work on July 30, 2008. While a protest regarding her dismissal has continued, tens of colleagues who held a protest were threatened with dismissal and suspension.

CASE DETAILS:

Body Fashion (Thailand) Company Limited located at the Muang Mai Bang Phli Industrial Estate in Samut Prakan province, produces women’s underwear, swimsuits, sportswear and leisurewear under the Triumph trademark, with sub-brands Sloggi, Bee Dees, and Triumph Sport, an international clothing retailer. Ms. Jitra Kolchadej was a leading member of the Triumph International (Thailand) Labour Union.

On 24 April 2008, Ms. Jitra Kolchadej, an employee at Body Fashion (Thailand) Company Limited had a television interview wearing a protest T-shirt with the words “No stand, No criminal. Different thinking, Not crime”.

According to information received, following her television interview, the company claimed that her appearance on the television has damaged the reputation of the company because of the protest T-shirt. The company attempted to negotiate with Jitra to leave the company, which she refused to do.

On July 29, Jitra was told that she would be dismissed the next day as per the court judgment. The company initiated court proceedings against her without her knowledge. She claims that she never received the notice of summons, as it was sent to a very outdated address and she was never informed of the summons at work, despite her continuous presence there. The company had informed her of the judgment from the court on July 29 despite having known for 3 weeks of the judgment.

In solidarity, thousands of workers walked off the job demanding she be reinstated and deliberately inflaming relations between the union workers and management in their actions against Jitra. Around 3,000 workers started walking out at 7am on July 30, gathering in and around the site. The walk out meant that the union did not have to issue written notification to the employer, as they would during a strike.

According to Ms. Wanpen Wongsombat, a member of Triumph International (Thailand) Trade Union committee, it is clear that the T-shirt is a non-issue to the company. An executive, Kenneth Marshall, when summoning Jitra, told her that the company was not concerned about the T-shirt issue. However, in the negotiation on the working conditions presented by the union, the company raised this issue. Around 80 percent of the workers at the company are members of the trade union and there is a strong belief among them that Jitra would not have been dismissed had she not been a leading member of the union.

Following the walk out, union members entered into negotiations with company management. The management refused to reinstate Jitra and proceeded to seek court orders against 20 trade union committee members and suspend 25 leading workers for two weeks without pay, alleging they had blocked off entrances for other workers.

ADDITIONAL COMMENT:

Jitra’s right to freedom of expression, in wearing a protest T-shirt, is protected under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which Thailand is a party to and under Part VII of the Thai Constitution. Her participation in a trade union is also protected under Article 22 of the ICCPR and Part XI of the Thai Constitution.

Jitra was expressing a personal position on an issue and was not in any way attempting to represent the company during the interview. Individuals should be able to freely express their perspectives without fear of their employers taking action against them. Their right to express opinions should not be allowed to be used by employers looking to suppress the actions of lawful trade unions and intimidate employees. 
As part of an international company Body Fashion (Thailand) Limited should hold itself to higher standards in its treatment of workers and trade unions.

SUGGESTED ACTION:
Please write letters to authorities listed below asking for the immediate intervention by the government to protect the freedom of expression and right to form trade unions of Jitra Kolchadej and other members of the Triumph International (Thailand) Labour Union.

Please be informed that the AHRC has written separate letter to the UN Special Rapporteur on freedom of opinion and expression.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

THAILAND: Dismissal of a union leader wearing a protest shirt

Details of victims: 
1. Ms. Jitra Kolchadej; dismissed employee of Body Fashion (Thailand) Company Limited on July 30, 2008
2. 20 union leaders and 25 leading workers, all members of the Triumph International (Thailand) Labour Union; threatened by company to be dismissed
Date of incident: 30 July 2008

I am writing to voice my deep concern regarding the dismissal of Ms. Jitra Kolchadej, a trade union leader, and the threat to suspend 20 union leaders and 25 leading workers who opposed Ms. Jitra’s dismissal.

According to the information I have received, Ms. Jitra was informed on July 29 that she would be dismissed the next day for wearing a protest T-shirt which had the words “No stand, No crime. Different thinking, Not crime” on it. Ms. Jitra did not receive the summons from the court regarding the company’s desire to break her contract and was unable to defend herself. Despite her constant attendance at work, the company failed to inform her in person of the case against her. Furthermore, despite the company being informed of the court’s decision on the 8th July they only deigned to inform Ms. Jitra a day before her dismissal, three weeks after they knew the outcome.

In response, Ms. Jitra’s workers at Body Fashion (Thailand) Company Limited staged a walk out protest on July 30. The company has since launched applications to dismiss 20 union leaders and suspend 25 leading workers without pay who were involved in the walk out. I am aware that the union had recently presented a list of demands to the management and negotiations on these demands are being negotiated and settled. The union represents 80 percent of the workforce at Body Fashion (Thailand) Company Limited and it appears suspect that the company is citing an action as remote as wearing a T-shirt in order to dismiss a trade union leader and threaten other important members of the trade union.

Ms Jitra’s right to freedom of expression, in wearing a protest T-shirt, her role within the trade union and the rights of workers to protest by peaceful assembly are protected in the Part VII and Part XI of the Thai Constitution. They are also protected under Articles 19 and 22 of the International Convention on Civil and Political Rights (ICCPR) to which Thailand is a state party.

I therefore ask you to intervene on behalf of Ms. Jitra and the other targeted workers who participated in the walk out protest to ensure they are returned to their positions and their rights to freedom of expression and protest are not further violated by this private actor.

I look forward to seeing your intervention on this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Samak Sundaravej
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +662 282 8631/ 280 1589/ 629 8213
Tel: +662 280 1404/ 3000
E-mail: spokesman@thaigov.go.th

2. Ms. Uraiwan Thienthong
Minister of Labour 
Mitrmaitri Road
Dindaeng
Bangkok 10400 
THAILAND 
Fax: +662 643 4457, +662 247 5572
Tel: +662 232 1051, 662 232 1061
E-mail: sarawuts_45@hotmail.com

3. Mr. Tej Bunnag
Minister of Foreign Affair 
Office of the Minister of Foreign Affair 
443 Sri Ayudhya Road
Ratchathevee, Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
E-mail: minister@mfa.go.th

4. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Fax: +662 219 2940
Tel: +662 219 2980
E-mail: commission@nhrc.or.th

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org)