Update

Coalition of Cambodian Apparel Workers Democratic Union

September 20, 2010
Background
The Coalition of Cambodian Apparel Workers Democratic Union (CCAWDU) and
National Independent Federation Textile Union of Cambodia (NIFTUC) represent 75,000
workers. The federations began a 5 day strike on September 13, 2010 demanding a living
wage in Cambodia’s garment and footwear industries. On the first day of the strike
68,380 workers from 56 factories participated. By the third day of the strike 201,770
workers from over 100 factories were participating. This represents over two-thirds of all
workers in garments and footwear. Non-CCAWDU and NIFTUC members participated
of their free will, and their participation was contrary to instructions of federation leaders’
orders that members continue working throughout the strike. This demonstrates that the
strike was just and reflects the demands of a majority of workers in these industries.
Cambodian Labour Confederation (CLC) and Cambodian National Confederation
(CNC), the confederations representing CCAWDU and NIFTUC, gave official strike
notice to GMAC and the Ministry of Labor and Vocational Training on August 18, 2010.
The strike began on September 13, 2010. According to Cambodia’s Labor Law notice
must be deliver at least one week prior to strikes. Thus, the strike proceeded legally.
Furthermore, striking workers protested peacefully and according to the law.
Throughout the process of the strike the Garment Manufacturers Association of
Cambodia (GMAC) has been vocal in the press and other forum in maintaining that any
workers and trade unionists participating in the strike will be taken to court. Ken Loo of
GMAC was quoted in the Phnom Penh Post as Saying, “At least 10 factories have filed
lawsuits against the striking union to ask for compensation for damages, as well as court
recommendations for the workers return to work, and to suspend several of the strike
masterminds.”1 This reiterates statements he has made in relation to the strike for at least
1-2 weeks. In the same article, Tuomo Poutiainen, program manager at the International
Labour Organisation’s Better Factory-Cambodia, stated that strikes do happen
occasionally and he saw nothing extraordinary or abnormal about last week’s protests.

This means that GMAC decided to take legal action even though the strikes proceeded
according to the law, and it is a decision they made prior to the strike. All the legal
actions described below are a GMAC tactic to destroy independent unions in Cambodia
and weaken unions bargaining position in any future negotiations.

Since the end of the strike the NACC (a ‘yellow’ confederation) has collected
thumbprints from members to show support for the following demands, all of which
mirror CCAWDU/NIFTUC demands with the exception of the living wage: seniority
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1
Phnom Penh Post (2010) “$US 14 Million Lost from Strikes.” September 20.
!

! "!
bonus, attendance bonus, food allowance for overtime and $5 transportation allowance.
CCAWDU is concerned that in the September 27 negotiations these unions will be used
by GMAC to weaken CCAWDU and NIFTUC’s bargaining position.

Legal Threats, Sacking, Intimidation and Injuries

During the strike10 trade union leaders and activists were arrested and later released for
taking part in strike activities. They are listed in the following table.
Table 1: Factories where union leaders were arrested and later released during the
strike
Factory Name Location Number of Date
Suspended
Union Leaders
1. Meng Tong and
Meng Yan Kandal Province 6 Sept 13
Kompong Speu
2. Darong Province 2 Sept 13
Kompong Speu
3. Tai Yean Province 1 Sept 13
4. Khbal Koh Kandal Province 1 Sept 16
Total Number of
Arrested Union
Leaders 10

During the strike 28 workers from four different factories were injured. They are listed in
the table below.
Table 2: Workers injured during the strike
Factory Name Location Number of Date
injured workers
1. Pine Great Phnom Penh 2 Sept 15
2. GHG Phnom Penh 4 Sept 15
3. Khbal Koh Kandal Province 12 Sept 16
4. River Rich Kandal Province 10 Sept 16
Total Number of
Injured Workers 28

On Thursday, September 16 at 9:30am Coalition of CCAWDU and NIFTUC received a

notice from the Minster of Social Affairs, Youth and Rehabilitation and the President of
the Industrial Relations Working Group requesting trade unions and other stakeholders
enter discussion on September 27, 2010 to seek a resolution to the strike. On the same
day CCAWDU and NIFTUC convened a meeting with member union leaders who agreed
to temporarily cease all strike activities in response to the government’s offer at
mediation. At 12:00pm on the same day union leaders delivered the message to all

! #!
striking members, informing them that they may return to work on Friday, September 17,
2010.
On September 17, 2010 all striking workers returned to work in the morning. At 10
factories union leaders were suspended from work after receiving notification of
suspension in a court order initiated by their employers. See Table 3.
CCAWDU received 5 different warrants (dated September 15, 16 and 17, 2010), two
from the Kandal Provincial Court, two from the Phnom Penh Municipal Court, and one
from Kompong Speu Provincial court. Goldfame, River Rich, Blossom, Kingway and Tai
Yean also posted court warrants naming strike leaders who are suspended from work (see
Table 3 below). CCAWDU has not yet received a copy of these warrants. CCAWDU has
received court orders concerning five of the factories listed below, M&V, Sang Woo,
Winners, Yung Fai, Meng Tong and Meng Yan. The warrants state that all striking
workers must return to work within 48 hours. The warrants also state that certain
workers, who are explicitly named in the warrants, are forbidden from returning to work
and the factory area until the case is resolved [no specific date is mentioned, nor is the
nature of the resolution]. Furthermore, in the warrant CCAWDU President Mr. Ath
Thorn is ordered to stop “threatening and leading workers” in an “illegal strike”. Factory
management directly informed suspended workers from the other ten factories, Ken Loo
of GMAC confirmed that court orders are in process for the remaining factories.
Table 3: Factories where union leaders were suspended after notification of a court
order
Factory Name Location Number of Suspended
Union Leaders
1. Kingway Kandal Province 10
2. M&V Phnom Penh 5
3. Yung Fai Phnom Penh 4
4. Winners Kandal Province 10
5. River Rich Kandal Province 26
6. Blossom Takaeo Province 2
7. Tai Yean Kandal Province 18
8. Sang Woo Kompong Speu Province 23
9. Meng Tong and
Meng Yan Kandal Province 16
10. Goldfame Kandal Province 19
Total Number of
Suspended Union
Leaders 133

Workers from the following factories were sacked for taking part in and/or leading
strikes.
Table 4: Factories where workers were sacked due to strike activities
Factory Name Location Number of sacked workers

! $!
1. Hong Mey M&X Phnom Penh 27
2. Daekwang Garment Phnom Penh 9
3. Canadia Park Phnom Penh 29
4. Meng Tong and Kandal
Meng Yan Province 4
5. Glade Peer Phnom Penh 1
Total Number of
Sacked Workers 70

At 5 factories, factory managers informed strike leaders that they intend to hold the strike
leaders liable for any financial losses incurred during the strike. Managers informed these
workers that they will seek legal action against those strikers. They are listed in Table 5
below.
Table 5: Factories where union leaders have been threatened with legal action
Factory Name Location Number of Suspended
Union Leaders
1. Chuhsing Phnom Penh 10
2. Top World Kandal Province 3
3. Glappeer Phnom Penh 3
4. Xing Tai Phnom Penh 2
5. Super Tex Phnom Penh 7
Total Number of
Union Leaders
Facing Lawsuits 25

Prior to the strike 20 union leaders from E-Garment were fired due to a conflict that
broke out at the factory while they were collecting workers thumbprints in support of the
living wage campaign.
On September 17, 2010 upon returning to work at Yung Wah I and Yung Wah II
factories, both in Kandal Province, 3 administrative staff of the companies informed
union leaders that workers must take 2 more days leave. No reason was given for the
work suspension. The names of the administrative staff are: Ms. Chen Chu Fang, Mr.
Som Uy Pisey and Mr. Rean Leang. Yung Wah I and Yung Wah II employ 2,950 and
4,500 workers respectively.
The following table provides a list of buyers, where available, for the factories that have
taken or have expressed intent to take legal actions against strike leaders.
Table 5: Products by Factories

Factory Name Buyers

1. Zara
1
King Way (Prek Treng) 2. Inditex
3. H&M

! %!
 4. Marks and Spencer
5. Florence & Fred
1. H & M
2. Pesco
2
M&V 3. NEXT
4. UP
5. M & S
1. H & M
3 2. Zara
Yung Fai (or Chung Fai)
3. Inditex
1. Inditex
2. H&M
4
E-Garment 3. Zara
4. C&A
5. Vf
1. H&M
2. Zara
5
River Rich 3. Adidas
4. Inditex
5. Puma
1. Inditex
2. Marks & Spencer
6 3. Florence & Fred
Bloosom
4. Zara
5. H & M
1. Xpres
7 2. Old Navy
Tai Yean
3. Mexy
4. GAP
1. H&M
8 2. Old Navy
Sang Woo
3. GAP
4. Banana Republic
1. Inditex
2. Marks & Spencer
9
Gold Fame 3. Florence & Fred
4. Zara
5. H & M
1. H &M
10
Winner 2. Zara
3. Inditex
1. Livy
2. VF
11 3. M & K
Chusing
4. FOP
5. PPF
6. COY
12 1. H & M
Glade Peer
13 (Can’t Contact)
Meng Yan
14 (Can’t Contact)
Hong Mey M & X
15 (Can’t Contact)
Daekwang Garment Co, LTD.

! &!
! '!