Despite their formal commitment to require
payment of severance, brands’ actual purchasing
practices are a major contributing cause of
pervasive severance theft.
tivizes suppliers to minimize labor costs by
choosing not to set aside money to cover
future severance liability. The brands themselves are financial beneficiaries: suppliers
save money by neglecting the need to fund
their severance liability and much of those
savings are then passed along to the brands
in the form of lower prices than a factory
would otherwise have to charge.
In addition to giving their suppliers financial reason to forgo funding severance obligations as they accrue, brands further encourage this recklessness by failing to police
suppliers’ practices. The WRC is not aware
of any major brand that, as a matter of publicly announced policy, includes in its pricing
an additional margin for suppliers to pay future severance obligations and then requires
suppliers to set aside sufficient money for
this in escrow or an externally controlled
fund. This is despite the fact that it is well
understood within the industry that nonpayment of legally mandated severance is a
chronic problem.
At the same time, a leading cause of garment factories shutting down or otherwise
needing to dismiss workers en masse is
brands’ own business decisions with respect
to suppliers—to cease or sharply reduce orders from a particular supplier, a group of
suppliers, or even an entire country—or, as
during the current pandemic, retroactively
WRC
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canceling orders that were already placed
and have been wholly or partly produced.41
As a result, employers’ obligation to pay severance—and workers’ need for severance to
be paid—is often triggered exactly when the
employer is most likely to default.
Even an employer that does not wish to
cheat workers of severance may be placed
by brands in the position of not being able
to avoid doing so. The sum impact of brands’
sourcing strategies in contributing to severance theft is reflected in its pervasiveness in
many garment-exporting countries, as evidenced, for example, in the statistic, cited
by adidas, that, in Indonesia, two-thirds of
garment workers do not receive the severance they are owed.42
Remedy for Severance Theft
Requires Brand Accountability
Brands have committed, in their policies and
codes of conduct, to require suppliers to
meet their severance obligations to workers.
Through their purchasing practices, however, brands regularly contribute to this obligation being violated, with disastrous consequences for workers who have made their
goods. For this reason, the WRC and other
labor rights advocates have emphasized
that brands have an obligation to ensure
that severance is paid—if not by the factory’s
owner, then by the brands themselves.
Fired, Then Robbed
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