Proposal A1:
Require suppliers to issue 'Right to Organize' guarantees to workers.

In order to develop a positive climate of non-interference with freedom of association and collective bargaining within sportswear supply chains, require all suppliers to

proactively adopt a “Freedom of Association Policy” and
communicate this policy to workers in their own languages in the form of a ‘Right to Organize Guarantee’.
Audit to ensure the policy has been adopted and communicated to workers.

Why?

The continued pattern of abuses at sportswear factories suggests that more proactive and positive measures are needed to ensure that these abuses do not happen in the first place and that chronic anti-union behaviour on the part of management is no longer permitted. The International Textile, Garment and Leather Workers' Federation (ITGLWF) is calling on brands and retailers to encourage or require their suppliers to sign a Right to Organize Guarantee.

The Guarantee is an agreement signed by the employer to respect the right of all employees to form or join a trade union of their free choice and to bargain collectively without employer interference.

The objective of a Right to Organize Guarantee is to create a positive climate for freedom of association and collective bargaining. The Guarantee offers workers a commitment that their employer will not retaliate in any way if they choose to exercise their right to freely association and bargain collectively. Copies of the signed Guarantee must be provided to all current and new employees.

View a sample Right to Unionize Guarantee

Responses

Nike

Nike is exploring a longer-term effort to work with suppliers to develop their own codes of conduct. As part of this, Nike would encourage suppliers to outline their commitment to non-interference in workers’ rights to organize and bargain collectively that could be communicated to workers in their own languages.

Full response

"Nike is exploring a longer-term effort to work with suppliers to develop their own codes of conduct. As part of this, Nike would encourage suppliers to outline their commitment to non-interference in workers’ rights to organize and bargain collectively that could be communicated to workers in their own languages."

adidas

Adidas endorses the right to organize in their own code and audits against that. They don’t, however, require suppliers to issue or communicate their own Right to Organize Guarantee to their workers. With 45% of their suppliers located in China and Vietnam, where freedom of association is restricted, they question the applicability of this provision.

Full response

"The adidas Group’s Workplace Standards are derived from ILO conventions. As such, FOA and the right to form and join a trade union of a worker’s own choosing is a right that we seek to promote and protect. It is also a key performance measure for our suppliers and is communicated to workers in open letters in their own language. Moreover, a positive climate of non-interference is encouraged through the encouragement and implementation of effective systems of worker-management communication.

"At the enterprise level FOA and other trade union rights are being closely monitored by our Social & Environmental Affairs (SEA) team. Where we see breaches of this right by our business partners, we do take direct action. However, before doing so, we first look to the relevant government authorities to take the necessary steps to enforce their own labour laws, and for workers and unions to find redress through mediation and labour arbitration processes.

"We would be interested to learn how the ‘Right to Organise Guarantee’, which was been referenced in the Clearing the Hurdles report, has been applied in practice by other brands. For example, has it been communicated to workers in the Peoples Republic of China and in Vietnam, where a single government-backed union is mandated by law? Some 45% of our suppliers are located in these two countries."

Lotto

No response given.

Mizuno

Mizuno expects its suppliers to recognize and respect the right of employees to join and organize association of their own choosing, however they currently have no requirement for suppliers to issue Right to Organize Guarantees to their workers.

Full response

"The Guiding Principles already provides on the Freedom of association that we expect our suppliers to recognize and respect the right of employees to join and organize association of their own choosing. In our opinion, a positive climate of non-interference is encouraged under an effective system of communication between workers and factories managements."

New Balance

New Balance requires suppliers to include freedom of association provisions in factory employee handbooks, a copy of which is to be given to each worker. Policies are also to be explained verbally to workers upon hire.

Full response

"New Balance has had a policy on freedom of association in our supplier factories for five years. Freedom of association is required to be included in all supplier factory employee handbooks, a copy of which is to be given to each worker. Policies are also to be explained verbally to workers upon hire."

Pentland

Pentland’s Group Code of Employment Standards for Suppliers includes freedom of association,and is available on their website in thirteen languages. However Pentland does not require suppliers to issue Right to Organize Guarantees to their workers.

Full response

"We work with our principal suppliers on codes of conduct, which includes Freedom of Association. Our Group Code of Employment Standards for Suppliers is based on the Ethical Trading Initiative Base Code; it is available on our website in thirteen languages.

"These discussions lead to significant improvements across the different code provisions. Where there is a generally positive climate for the development of unions, there is good and productive discussion. Where there is not, the discussion is limited by the lack of institutional support for unions to develop and a political environment which is not conducive to the development of free and independent trades unions.

"Our regular discussions with suppliers on ethical standards include meetings which bring together management, worker representatives and worker interviewers. Over many years we have built up a network of independent worker interviewers from a wide range of civil society organisations; these include people from universities, non-governmental organisations and other institutions."

Puma

Puma says that “setting the proper atmosphere for the responsible exercise of freedom of association is our main role, and as such we do not initiate the formation of unions in factories but we do ensure that the workers’ right to form association will not be hindered.” However they do not require suppliers to issue Right to Organize Guarantees and question the applicability of this provision in their “main sourcing countries” where freedom of association is restricted by law.”

Full response

"While some PUMA suppliers have strong worker representation systems in place and follow collective bargaining agreements, in the majority of our main sourcing countries, these enabling rights are restricted either by law or are impeded by strong cultural biases from both factory management and workers themselves. In our experience, legal frameworks that promote unionism do not result in a mature culture of workplace engagement in and of itself. Even where local regulations allow freedom of association and collective bargaining we recognize that the negative perceptions of factory management against any collective workers’ action are deeply embedded.

"In PUMA we have always maintained that setting the proper atmosphere for the responsible exercise of freedom of association is our main role, and as such we do not initiate the formation of unions in factories but we do ensure that the workers’ right to form association will not be hindered."

Response Key

The brand claims to implementing all components of this proposal or has agreed to implement them within Play Fair's proposed timeframe.

The brand is currently implementing or has agreed to implement some of the essential components of the proposal but has refused to implement, has overlooked, or has raised issues with one or more important components; or, the brand agrees to implement the proposal but not within Play Fair’s proposed timeframe.

The brand has refused to implement the essential components of the proposal.

The brand has misunderstood or failed to comment on the proposal; or the brand is considering the proposal, but has yet to make a decision.

Proposal A1: Require suppliers to issue 'Right to Organize' guarantees to workers.

Responses

Response Key

Proposal A1:
Require suppliers to issue 'Right to Organize' guarantees to workers.