pay-period to pay-period, on a bare subsistence income—a small fraction of a living
wage—without the savings to help them
weather job loss.11
Moreover, in most of the countries to which
brands’ sourcing strategies have caused the
industry to shift, governments lack the resources and/or will to establish national unemployment insurance and other social safety nets.12 As a result, in country after country,
theft of severance, combined with job loss,
results in deprivation for families—homes
lost, malnutrition, disruption of schooling for
children, and extortionate debt.13
Just as the mandate for employers to pay
severance is broadly established in the labor
laws of major garment-exporting countries,
so the requirement for supplier factories to
comply with applicable labor laws, including those obligating payment of severance,
is also a standard element of the codes of
conduct adopted by every significant brand
and retailer for the factories that make their
products. All major brands claim, as corporate policy and a term of their supplier contracts, to require compliance with all applicable labor laws, including those that mandate
payment of minimum wages and statutory
benefits, among them, severance.16
Severance is a Legal Right of Workers
That Brands Promise to Protect
Brand Purchasing Practices
Encourage Severance Theft
Due, in significant part, to widespread lack
of adequate unemployment insurance and
other social safety nets, nearly all major garment-exporting countries have, as a feature
of their labor laws, explicit mandates for
private employers to
provide workers who
are dismissed without
cause (i.e., through
no fault of the worker)
significant severance,
based on length of
service.14 The responsibility of governments
to establish, and employers to comply
with, mandates for
severance, particularly
where unemployment
insurance is lacking,
has been recognized
by the International
Labour Organization in its Convention and
Recommendation on Termination of Employment (Convention 158, Recommendation 166).15
Despite their formal commitment to require payment of severance, brands’ actual
purchasing practices are a major contributing cause of pervasive severance theft. The
brands’ strategies increase the chances that
when factories close
down or otherwise lay
off large numbers of
workers, they will fail to
pay legally due severance, either partially or
completely.
The mandate for
employers to pay
severance is
broadly established
Downward price pressure exerted by brands
on suppliers is a key
driving factor in the
prevalence of labor
rights abuses in the
global apparel industry. Prices paid by major
brands, at best, enable
a factory owner to maintain a modest profit
while meeting its current obligations to pay
legally required minimum wages and benefits.40 Brand price pressure strongly incen-
in the labor laws of
major garment-
exporting countries.
WRC
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Fired, Then Robbed
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