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 She claims that she never received the notice of summons, as it was sent to a very outdated address and she was never informed of the summons at work, despite her continuous presence there.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.

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