2009年5月22日 星期五

WINTEK Co. Offenses of Law & Code of Conduct

Translated by Timo

According to the Supplier's Code of Conduct outlined by Apple Inc., WINTEK, as one of Apple's suppliers, is obliged not only to obey local labour laws, but also to offer working conditions that meet the requirements of international labour rights principles.

However, we were shocked to find much of WINTEK's behaviour at its manufacture lines in Taiwan and China to be blatant violation of local laws, and of Apple’s Supplier’s Code of Conduct.

Apple Inc., as one company that has promoted Corporal Social Responsibility issues, should deal immediately with WINTEK's misbehavior. Apple Inc. is advised to demand WINTEK for prompt improvement, endorse a third party to thoroughly examine the working conditions at WINTEK, and reconsider its partnership with WINTEK. Listed below are WINTEK's offenses:

Table one: WINTEK’s offences of law in Taiwan

Facts

Details

1. Unlawful mass lay-offs.

Laid off nearly 700 employees while there still is a surplus of four billion TWD. (approx. $118 million USD) Taiwanese press also reported that WINTEK had received urgent orders, thus needed to hire a good number of new workers.

2. Demanding employees to work unpaid, meanwhile assigning unpaid leaves. (Confirmed and fined by Taiwanese labour administration)

Since November 2008, WINTEK began to force unpaid leaves on employees, meanwhile asking them to resume the work, unpaid.

3. Changing working hoursunilaterally

Asking the night shifts to work as many hours as the day shifts per month. The discrepancy was counted as a leave of absence, thus deduction of one day’s wages. Some got a monthly wage lower than the basic NT$ 17280/ month.

4. Demanding employees to catch up on working hours, resulting in more than ten consecutive working days.

(Confirmed and fined by Taiwanese labour administration)

The 4-2 shifts were demanded to make up on their working hours, thus had to work 10 days in a row. This has constituted an offense of Article 36 of Labour Standards Law.

5. Forcing workers to work overtime

In order to meet deadlines, forcing workers to work 12 hours a day, 5 days a week, and forcing them to give up days off and national holidays. This has constituted an offense of Article 30, 32, 36, 37 and 39 of Labour Standards Law.

6. Forcing workers to sign the agreement, replacing overtime wages with days off.

Forcing workers to sign the agreement, replacing overtime wages with days off. This has constituted an offense of Article 24 of Labour Standards Law.


Table two: Unlawful actions of MASSTOP, WINTEK’s subsidiary in Dongguan, China.


Facts

Details

1. Cancelling full attendance rewards upon the raise of basic wage, without negotiation with employees.

Immediately after the Dongguan government raised the basic wage to $770 RMB (approx. $114 USD), MASSTOP canceled the full attendance rewards promised in the contract.

2. Unilaterally cancelling benefits without negotiation with employees

In October, 2008, MASSTOP posted a notice declaring the cancelling of performance rewards and year-end bonuses.

3. Adopting special working hours without the approval of Dongguan’s labour administration, reducing holiday wages from twice the normal wage to just 1.5 times of it.

On February 27, MASSTOP posted a notice, declaring a special working hours system has been approved by Dongguan City’s labour administration. However, the employees found out in March the administration has never approved such change. MASSTOP claimed it had been approved, while forcing employees to sign the agreement.

4. During the strike, unilaterally claiming that workers who failed to return before three in the afternoon, April 17, would be regarded as voluntarily ending their labour contracts.

Employees of MASSTOP in Dongguan went on strike for labour condition issues such as underpaid overtime. Though the company agreed that overtime wages would be handed out before April, 21, according to the Chinese labour regulations, workers have the right to continue the strike as long as they don’t have their wages. The company’s rules stated that workers who neglect work over 2 days might be sacked.

Table three: WINTEK (and MASSTOP) violations of the Apple Supplier’s Code of Conduct


Codes violated

Facts in Taiwan (WINTEK)

Facts in Dongguan, China (MASSTOP, WINTEK's subsidiary)

The code concerning overtime wages: “workers must be compensated for overtime hours at the premium rate required by applicable laws and regulations.”

forced employees to give up their overtime payment and holiday subsidies, opting for more days off instead.

Adopting special working hours without the approval of Dongguan’s labour administration, reducing holiday wages from twice the normal wage to just 1.5 times of it. (Later proved the administration has never approved such change.)

The code concerning fair treatment to employees according to applicable laws and regulations.

While the company still enjoys orders and surplus, it kept laying off workers illegally, cutting pays and benefits, forcing unpaid leaves, demanding work without pay, resulting in a monthly wage lower than the basic NT$ 17280/ month.

Unilaterally cancelled the full attendance rewards when Dongguan government raised the basic wages. In February, MASSTOP claimed that the adoption of special working hours system had been approved by the administration, to reduce overtime wages to 1.5 times of the normal wages instead of twice. Amidst the strike initiated by angry workers, the company unilaterally claimed that those who failed to return to work before three in the afternoon, April 17, would be regarded as voluntarily ending their labour contracts.

The code concerning dormitory and dining: “Suppliers must provide workers with clean toilet facilities, access to potable water, and sanitary food.”


Cut the expenses for daily meals from 8 RMB to 4.5 RMB. Some say the food is a far cry from edible. This issue directly resulted to the strike, but the company has not solved it yet.

There was a mass ptomaine poisoning this April.

The code concerning whistleblower protection and anonymous complaints

While employees made legal attempts to appeal to labour laws and the public, WINTEK has filed a lawsuit against Wei-Li Chu, secretary general of the National Federation of Independent Trade Unions (Taiwan), who continuously helped WINTEK workers who tried to get their jobs back.

There is not yet an program through which employees can file complaints anonymously. After the strike, the company has been taking retaliatory actions, including admonishing strikeparticipants. As a result, other employees are being silenced about emerging problems in the company.

The code concerning a safe working environment

Workers at CG manufacture lines in WINTEK’s Tanzi factory, and those at the yellow light section in Huangchung and Chunggung factories are required to use organic solvent such as halftone detergent or etching solvent, but WINTEK did not provide masks or protective suits.



勝華科技公司 違法暨違反供應商行為準則事項表

根據蘋果電腦的供應商行為準則,作為蘋果電腦的供應商,勝華科技除了必須符合當地勞動法令,並在國際勞動人權準則的規範下,實施更符合勞動人權標準的勞動條件。

但經由我們初步調查發現,勝華科技在台灣廠及大陸廠,不僅有許多明顯違法的事項,更違反了蘋果供應商行為準則。

蘋果電腦長期對於推動企業社會責任的理念不遺餘力,應積極面對勝華科技違法及違反勞動人權的相關行為,茲將勝華科技的違反事項列舉如下,蘋果電腦除應立即要求勝華科技改善之外,應立即委由第三方勞工團體,對勝華科技各工廠進行更深入的勞動檢查。並且根據勞動檢查結果及勝華科技的改善狀況,立即檢討對勝華科技的訂單。

【勝華科技公司台灣違法事項一覽表】

台灣

說明

違法解雇

勝華科技僅以去年11月單月份訂單下降,就以「虧損或業務緊縮時。」解雇勞工,但隨後顯示,勝華去年盈餘仍有40億元,今年又有Apple公司大量急單。

排定無薪假,卻仍要求員工上班,又未給付工資

(業經台灣官方勞動檢查確認,並處以罰鍰)

勝華科技於2008年12月起於各廠每月實施無薪休假至今,期間要求員工於已排定無薪休假當日仍需出席上班,卻未給付工資。

片面變動工時

要求員工每月工作總時數需比照常日班,工時不足者以事假論處,扣發一日工資,部分員工因此每月工資低於基本工資17280元。

要求員工補足工時,致使員工連續上班10多天無法休假

(業經台灣官方勞動檢查確認,並處以罰鍰)

四二輪班之員工因被要求補足工時,必須連續上班10幾天無法休假,已經違反勞基法第36條。

強迫員工加班

為達產量,強制員工週一至週五每日工作12小時。

為達產量及保養機台,強制員工放棄例假或國定假日。

違反勞基法第30條、第32條、第36條、第37條、第39條。

強迫員工同意將加班費改為補休

強迫員工簽署同意書,放棄加班費改以補休,已經違反勞基法第24條。

【勝華科技公司東莞萬士達違法事項一覽表】

中國大陸

說明

未與員工協商,在官方提升最低工資時將全勤獎金取消

萬士達公司在東莞政府宣佈提高最低工資為770元之後,將原本白紙黑字刊載於勞動合同中的全勤獎取消。

未與員工協商,片面取消津貼

2008年10月,萬士達公司在發薪日前後,張貼取消產值獎金公告,並取消年終獎金

未取得東莞勞動局批准,即實施「綜合工時制」,將假日加班工資由正常工資的2.0倍降低為1.5倍

萬士達公司於2月27日張貼公告,指出已經取得東莞市勞動部門批准,申請實施綜合工時工作制。但3月經員工查證,東莞市勞動主管部門並未批准。

於罷工時片面宣稱,4月17日下午3點前未回工作崗位,視為員工自動與公司解除勞動關係

萬士達公司違法在先,員工有權進行維權,而公司薪資未足額給付,員工有權不上工。3月份剩餘加班費將於4月21日前補發至員工帳戶,但錢還沒入帳,員工就有權不上工,況且即使根據公司有關規定,員工曠工,也要三天才能予以解雇


【勝華科技公司違反蘋果電腦公司供應商行為準則】


台灣

中國大陸

違反加班費必須按照法令發給

逼迫員工放棄加班費及假日出勤之加倍工資,僅能改以補休。

片面宣稱已經獲得東莞勞動局同意,獲准實施假日加班費為平均工資的2倍改為1.5倍

違反以國際勞動標準及當地法令對待勞工

在仍有大量急單及盈餘下以業務緊縮及虧損為由違法解雇、資方持續對員工減薪、減津貼、放無薪假、加班不給加班費僅能換補休,致使工資低於勞基法基本工資。

未與員工協商,取消全勤獎、津貼,並冒稱取得東莞勞動局批准,將假日加班工資由正常工資的2.0倍降低為1.5倍。而員工罷工後,勝華又於罷工時片面宣稱,4月17日下午3點前未回工作崗位,視為員工自動與公司解除勞動關係,這也違反欠薪未入帳,有權不上工。

違反需提供衛生、保健的食物給員工


將員工每日的餐費由一日人民幣8元,減為4.5元,從五菜減為三菜,員工並表示,品質有如餿水、餵豬。萬士達廠甚至於今年4月爆發食物中毒!

違反必須提供匿名的申訴管道,並保護申訴人

台灣勝華員工,針對勝華的違法事項,進行合法進行行政申訴及向社會大眾訴求時,勝華居然對持續抗爭要求復職的勞工代表及自主工聯執行長朱維立,完全漠視蘋果供應商行為準則。

至今並無給予員工匿名申訴的管道,致使眾多問題長期無法獲得解決,而爆發罷工,而在罷工後,卻殺雞儆猴、秋後算帳,開始針對罷工時較為積極的員工,進行約談,使得對公司各種問題有疑慮的員工,更不敢申訴。

違反必須提供勞工安全的工作環境

勝華科技於潭子廠CG製造部、環中廠與中工廠的黃光部門,員工於該等部門工作時,需操作有機溶劑,如:網版清洗劑、蝕刻液,但勝華科技卻未提供防護口罩及防護衣。



A Public Letter to Apple Inc.

Everyone knows that Apple Inc. is a leading brand in technology application, and its products have gained great popularity all over the world. In your Corporate Social Responsibility collaborative initiatives, Apple addresses issues of labor rights and claims that its hit products never come from the exploitation of labor.

After our several month-long investigation, however, we found that one of your suppliers, WINTEK Corporation, has seriously violated your Supplier Code of Conduct. Apple has not yet taken any action toward rectifying this. We hope our protests will evoke your conscience and draw your attention to this labor rights violation. Apple Inc. has the obligation to ensure to its first-line workers their inalienable labor rights. We hope your corporation can keep your promise of corporate social responsibility and demand that all your suppliers, including WINTEK, meet international labor standards.

Since last year, WINTEK Corporation has taken all measures to push the labor cost down. In its factories in Mainland China and Taiwan, WINTEK imposed mandatory unpaid leaves, laid off employees, cut overtime pay, and canceled special bonuses and allowance. According to labor regulations in China and in Taiwan, respectively, all labor contract changes have to be approved both by employers and employees. But WINTEX changed contracts and compensation without employee approval. WINTEX forced employees to accept those compensation and contract changes; WINTEK even laid off a large number of workers when the company still earned huge profits. This kind of large-scale layoff violates Taiwanese labor laws.

When the employees in WINTEX strove for their legal rights, WINTEX suppressed them rather than retracted its illegal orders. WINTEX sued both these employees and Wei-Li Chu, the Secretary General of National Federation of Independent Trade Unions, who supported the strikes in WINTEK. These lawsuits violated the whistleblower protection rules in the Apple Supplier Code of Conduct.

As for employee basic benefit and health issues, WINTEK also has shown very bad performance. MASSTOP in Donguan, a subsidiary factory of WINTEK, failed to provide sanitary food to its workers. MASSTOP cut the employee food budget from 8 RMB to 4.5 RMB per person per day. According to the employees in MASSTOP, the food provided by the company was stinky and sour, and the steel plates were rusty. Moreover, on April 3, hundreds of the workers in MASSTOP were sent to the hospital because of on-site food poisoning. This is a serious violation of the dining rules in the Apple Supplier Code of Conduct. But Apple hasn’t reacted to this significant violation. Apple has the obligation to demand WINTEK to improve the health and dining situations in MASSTOP.

The labor measures taken by WINTEK, including the cut in overtime pay, were deemed illegal by the Taiwan government after an official labor inspection. MASSTOP in Donguan has ignored labor rights for a long time. MASSTOP does not provide an anonymous complaint mechanism for workers to report workplace grievances; a forum for such anonymous complaints is recognized as basic employee right in the Apple Supplier Code of Conduct. Many grievances remain unsolved; hence, 7,000 workers in MASSTOP went on a three-day large-scale strike on April 15, 2009. We have not yet seen Apple take any measures to remedy these serious conflicts and violations.

This is not the first time that Apple has been involved with violations of labor rights standards. In 2006, there was a controversy over an “iPod sweatshop” in Foxconn, and we believe that Apple understand the inside story better than us. In 2008, Scholars Against Corporate Misbehavior (SACOM) addressed issues about underpaid overtime, work injuries, and insufficient labor insurance in the Primax factory in Dongguan, where iPhone cameras and accessories are made. Now in 2009, there is another violation case, this time involving WINTEX.

Apple may have demonstrated excellent achievements in technology innovation and application, but it has significant flaws in supplier monitoring and management. Hence, we make four-part appeal to Apple to improve the labor conditions in your suppliers’ factories, and we hope Apple will give the public a clear promise by May 31.

1. Apple must follow the international Supplier’s Code of Conduct and demand that WINTEK restore the jobs taken from the workers who were laid off in Taiwan and China, withdraw the demonstration lawsuit, and promise no retaliation on workers.

2. Apple must follow the international Supplier’s Code of Conduct by demanding that WINTEK improve its working conditions immediately.

3. Apple must demand WINTEK to allow third-party labor unions or organizations to enter the factories to conduct labor inspections, reveal the inspection results to the public, and look into the responsibility. Further, Apple should review its orders with WINTEK, evaluating the supplier contract based on the inspection results and WINTEK’s improvement.

4. Apple must respect the will of the labor representatives and hold direct talks with them. The labor representatives should be chosen by WINTEK workers in Taiwan and China.

給蘋果公司的公開信 全球消費大眾:一人一信、督促Apple、改革勝華!

To Apple Inc.

蘋果公司長期以來在新科技發展與應用上一直是全球領導品牌,並使得貴公司的商品,行銷全球風行不墜,就如同蘋果公司在企業社會責任的宣示上所公開指出,這些全球熱銷的商品生產過程,絕不該是在剝削勞工的情況下生產而成。

但很遺憾地,經過幾個月對貴公司供應商勝華科技的行動與調查,我們發現勝華科技有數項嚴重違反貴公司供應商行為準則事項,但貴公司至今仍渾然不覺。今天這封公開信及相應的行動,為的是希望貴公司基於企業社會責任的承諾,要求勝華科技及其它供應商,符合國際勞動人權標準,給予在第一線生產貴公司產品的勞工,應有的人權保障。

勝華科技從去年開始,對於台灣廠及中國大陸廠的員工,開始進行種種的人事成本緊縮,包括了強迫放無薪假、津貼取消、縮減加班費及三節獎金取消等等(詳見勝華科技公司違法暨違反供應商行為準則事項)。不論是台灣或中國大陸的勞動法令,變更勞動契約,都需要員工同意,但勝華科技不僅未取得員工的同意下悍然執行,甚至強迫員工接受。並且在尚有鉅額盈餘的情況下,大量解雇勞工,這也違反台灣的勞動法令。

當勝華科技員工依法據理力爭時,勝華科技不僅未收回成命,甚至更進一步打壓員工,對勝華員工及援助員工的自主工聯執行長朱維立提告,這也違反了貴公司訂定的「供應商行為準則」中保護「吹哨者」的規定。

而最基本的飲食問題,勝華科技的表現也相當離譜糟糕,勝華科技東莞萬士達廠縮減伙食經費,每人每日的伙食費從一天人民幣8元,縮減為人民幣4.5元,根據員工陳述,每天飯菜都不知道煮成一陀不知道是什麼東西,然後還有餿味,菜盤還有鐵鏽,4月3日,還爆發了百人食物中毒送醫院,如此嚴重的事情,我們卻發現貴公司至今沒有介入,要求勝華科技改善。

以上勝華科技的許多違法事項,包括縮減加班費,台灣勞政主管機關經過勞動檢查後,確定違法。

而東莞萬士達廠,由於廠方長期漠視勞工權益,也沒有根據貴公司的供應商行為準則,設置匿名申訴制度,使得許多問題遲遲不得解決,終於在今年4月15日晚上爆發三天的大罷工,這麼嚴重的事情,我們至今也看不到貴公司有任何的行動。

貴公司供應商違反勞動人權準則已經不是第一次了,2006年鴻海富士康就曾經爆出血汗工廠爭議,相信貴公司知之甚詳。2008年,香港勞工團體SACOM又調查出一個案例,在珠三角設廠製作iPhone攝影鏡頭及其他組件的台資廠致伸,又發現規避保險、超長工時、工作傷害等問題。
現在再加上勝華科技的案例,我們認為,貴公司或許在新科技的開發與應用上有傑出成就,但同時,卻在管理及查察供應商的能力上,有相當嚴重的缺漏,所以我們提出下列四點訴求,並於5月31日前具體承諾:

1. Apple必須按照供應商行為準則,立即要求勝華撤回在台灣及中國大陸的解雇令,並且要求勝華停止對台灣廠及中國大陸廠工人秋後算帳。

2. Apple必須按照供應商行為準則,立即要求勝華改善勞動條件。

3. Apple必須要求勝華允許第三方勞工團體入廠進行勞動檢查,公開事件,追究責任。並且根據勞動檢查結果及勝華科技的改善狀況,立即檢討對勝華科技的訂單。

4. Apple必須尊重勞工代表的意願,立即與勞工自主選出的勝華台灣廠及中國大陸廠工人代表直接對話,有效監察企業行為。

STOP EXPLOITING LABOURS, SAY NO TO BLOODY APPLE

Translated by Brandon

20090521 Protest against Apple Computer Taiwan

STOP EXPLOITING LABOURS, SAY NO TO BLOODY APPLE.

Time: 21 May 2009 (Thursday) AM10: 00 (about 60 people)

Place: Apple Computer Taiwan
(No.333, Sec. 2, Dunhua S. Rd., Da-an Dist., Taipei City, Taiwan)

Contact: Chu Wei-Li (0981-238-732)
English Contact: Torrent Pien(torrent.org@gmail.com)

Global financial crisis remains serious all over the world but Apple Computer made an extremely big profit increase by 15% at Q1 ’09 compared to the last quarter. However, the truth is that the big profit Apple made has been proved to be the result of exploiting the workers not only in Taiwan but also in mainland China.

WINTEK (Owner: Huang Hsien-Hsiung, Address: No.10, Jianguo Rd., Tanzih Township, Taichung County, Taiwan) is one of the major suppliers of Apple Computer. The ranking of market share in small size mobile phone panels and touch panels is No.1 in Taiwan and No.3 worldwide. In the last couple months, WINTEK not only laid off but also exploited lots of workers in Taiwan and mainland China.

In Dec. 2008, WINTEK laid off over 600 workers in Taiwan without any notice in advance and kept cutting workers’ salary, forcing unpaid leaves on employees. Recently, WINTEK received big and urgent orders and tried to force workers to do more job without any vacation or overtime salary. The labour department of Taiwan government has already found proofs of offenses during the inspection process on WINTEK. Besides, WINTEK’s factories in Dongguan also cut workers’ salary without any negotiation with them. Last but not the least, the food there is too bad for people and WINTEK has illegally laid off 19 workers who joined the strike against the foul working condition.

Apple Computer and WINTEK made their profit by sacrificing labours’ basic rights and exploiting labours illegally. Labour organizations worldwide can’t stand aside for it and has started a campaign to condemn WINTEK.

Labour organizations in Taiwan and WINTEK workers union will protest on May 21st, 2009 at Apple Computer Taiwan and ask Apple / WINTEK to promise to improve the working conditions before May 31st, 2009, “Stop exploiting the labours across the Taiwan Strait.”

Appeals / Demands

1. Apple must follow the international Supplier’s Code of Conduct and demand WINTEK to give the jobs back to the workers who were laid off in Taiwan and mainland China, withdraw the lawsuit of defamation, and promise no retaliation on workers.

2. Apple must follow the international Supplier’s Code of Conduct to demand WINTEK to improve its working condition immediately.

3. Apple must demand WINTEK to allow third-party labour unions or organization to enter the factories to conduct inspections on its working condition, explain the fact of the event in public and look into the responsibility. Besides, Apple should review its order to WINTEK based on the results of the inspection and WINTEK’s improvement.

4. Apple must respect the will of the representatives of labours and make direct talks with them. These representatives should be chosen by WINTEK workers in Taiwan and mainland China.

Organizations:

Taiwan: National Federation of Independent Trade Unions, WINTEK bargaining team, Solidarity Union, Youth labor union 95, Taiwan Labor Information & Education Association, Confederation of Trade Union in Taipei City, Taoyuan County, Hsinchu County, Miaoli County, Tainan County and Kaohsiung County.

HongKong: Globalization Monitor, SACOM, HKCTU, Labour Action China

Mainland China: China Worker Studies

Japan: Asian Pacific Workers Solidarty Links

0521勞工團體前進蘋果台灣公司行動新聞資料:停止剝削勞工、拒絕血腥「蘋果」!

時間:2009年5月21日(星期四)上午10:00

地點:美商蘋果電腦台灣分公司(台北市敦化南路二段333號,敦化南路-基隆路口)

聯絡人:自主工聯執行長 朱維立0981-238732

無懼金融海嘯威脅,美商蘋果電腦公司(以下簡稱Apple)98年第一季暴利成長15%。而這竟是剝削壓榨兩岸勞工血汗的成果!

Apple主要代工廠商,勝華科技公司(負責人黃顯雄,總公司:台中縣潭子鄉台中加工出口區建國路10號),市佔率已是台灣小尺寸手機面板廠、觸控式螢幕排名第一、全球排名前三強。一年來接連於台灣、中國大陸爆發裁員、剝削勞工事件。

勝華科技公司首先於2008年12月無預警解雇600多名台灣廠勞工,並持續減薪、放無薪假、停發加班費,急單湧入後,員工一人做數人的工作,連續加班不敢休假,竟還領不到加班費。且經台灣政府勞動檢查諸多嚴重違法事項。另外,勝華科技所屬東莞萬士達公司,苛扣員工加班費、津貼,廠內惡劣伙食形同虐待勞工。勝華公司甚至還違法解雇不滿而罷工的19名員工。(請見521行動新聞資料:勝華科技公司違法暨違反供應商行為準則事項)。

Apple及勝華科技公司為求暴利、無視勞工權益,違法剝削勞工,已令全球勞工團體髮指難容,並發動連署譴責抗議!

台灣勞工團體、勝華科技員工自救會帶著全球勞工連署,於2009年5月21日(星期四)上午10:00至美商蘋果電腦台灣分公司抗議,並提出下列訴求,要求於2009年5月31日前具體承諾勞工訴求,停止剝削兩岸的勞工!

行動訴求:

一. Apple必須按照供應商行為準則,立即要求勝華撤回在台灣及中國大陸的解雇令,並且要求勝華停止對台灣廠及中國廠工人秋後算帳。

二. Apple必須按照供應商行為準則,立即要求勝華改善勞動條件。

三. Apple必須要求勝華允許第三方勞工團體入廠進行勞動檢查,公開事件,追究責任。並且根據勞動檢查結果及勝華科技的改善狀況,立即檢討對勝華科技的訂單。

四. Apple必須尊重勞工代表的意願,立即與勞工自主選出的勝華台灣廠及中國大陸廠工人代表直接對話,有效監察企業行為。

連署團體:怒火持續擴大中…

台灣:全國自主勞工聯盟、勝華科技員工自救會、團結工聯(台北市產業總工會、桃園縣產業總工會、新竹縣產業總工會、苗栗縣產業總工會、台南縣產業總工會、高雄縣產業總工會)、青年勞動九五聯盟、工作傷害受害人協會、人民火大行動聯盟、台灣勞工資訊教育協會、工人民主協會、台灣國際勞工協會、台灣漂綠網、台灣勞工陣線、綠黨、台灣環境行動網協會

香港:全球化監察、大學師生監察無良企業行動(SACOM)、職工會聯盟(HKCTU)、中國勞動透視(Labour Action China)、香港婦女勞工協會、香港街坊工友服務處

中國大陸:中國工人研究網

日本:亞太勞動者團結聯誼會日本委員會(Asian Pacific Workers Solidarty Links)
韓國:民主勞總首爾本部-首爾京畿仁川移工工會(MTU)、ALLTOGETHER

2009年5月20日 星期三

After Striked in MASSTOP

I had heard about MASSTOP before I entered it. It was quite big around Sangyuan. People talked about how well they paid and how good the working conditions were. At that time the entry requirements were very high.

In 2007 I finally became part of MASSTOP, only to regret afterwards. The so called high pay was earned by overworking day after day. It was hard-earned, blood-and-sweat money! And the only piece of lawn was soon used to construct new factories. What was in front of us everyday were concrete walls.

What made things worse was the dawning of financial crisis. It changed our quiet and boring life. There were fewer orders, less overwork, and naturally less pay (what we got was a few hundred for basic wage) To make things worse, the factory replaced our overtime pay with days off!!

At the end of the year we were expecting a good year, only to know that there would be no more year-end bonus. In a fit of rage, some colleagues tried to fight for their rights by going on strike, yet they were pacified by a 10-Yuan red envelope. How pathetic.

The world has to go round, and we have to go to work to live on! In year 2009, the factory got many new orders, and everyone worked overtime, as if last year's discontent didn't exist. We thought we would make more than a few hundreds this year, but who knows that a notice once again disturbed our peaceful life. On February 28th the factory announced that there would be a special working hour system. The overtime pay on weekends is 1.5 times of normal wage (at that time we work overtime every day, consecutive shifts, more than 12 hours a day. Some refused to overwork, and got penalty.) The angry workers asked the labor administration what was going on, and were told that MASSTOP has filed an application to adopt the special working hour system, but it had not been approved yet, (the company said it had long been approved, thus urging us to sign) We were all frustrated.

As early as October 2008, the food expense per person per day was lowered to 4.5 dollars from the original 8.5 dollars. The utensils are not washed properly (because they want to save water, electricity, detergent and human labor). This resulted in the food poisoning of over 100 people in early April.

On the 15th of April, 2009, the company finally paid us. When we found out that the weekend overtime should be only 1.5 times of our normal wage, we chose to go on strike again to protect our rights. (We had incredibly many orders in the past month, some of us had more than 200 hours of overtime) The night shift of the 15th refused to work. During the daytime of the 16th, angry day-shift employees pushed the door open, blocked the Sangyuan road and marched to the highway one kilometer away. We kept on strike on the 17th, and at noon MASSTOP finally posted an announcement, agreeing to give us the overtime for March. However, we were asked to get back to work before 3 pm, otherwise we would be seen as voluntarily ending our contracts. At that time we did not know the announcement was unlawful. Most people were forced to get off duty at 3 p.m. sharp. 19 employees insisted on strike and were laid off.

The factory said we could have half a day's off on the 4th of May only if we have an invitation letter from the government. (the 4th of May is a national holiday in China) If not, we would have to work. God knows whether the Chinese government really has such an article.

Until now, the rights that have been deprived from us and the food problem has not been solved, and we eat even worse now. The food of day-shift is barely edible, let along that of the night-shift.

As a Chinese saying goes: "Beggars can't be choosers" Forget about it. We still have to go to work tomorrow. We still have to make our hard-earned money. But we all sensed our serious discontent and complaint. We don't know how much longer we can endure.

2009.5.7