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Junya Yimprasert Writer
Thai Labour Campaign
Mr. Ong, Cartoonist
Enough : Time to fight back
æÕ°—π∑’
æÕ°—π∑’
Writer: Junya Yimprasert
Thai Labour Campaign
Cartoonist: Mr. Ong
Design: Wattanasin Suwatrattannon
Published by: Organizing Labour Union Committee
President: Piyachet Klewklad
Secretary: Wanpen Premkaew
Cordinator: Buddhi Netiprawat
Tel: +66 1 908 9686
Thai Labour Campaign
P.O. Box 219
Ladprao Post Office
Bangkok 10310
Tel: 0+ 66 2 933 0585
Printing: October Printing House
Time to Fight Back
ENOUGH
Enough: Time to fight back
“Enough!”
“What’re we are going to do next?”
Since the government plays the role as the representative of capitalism
under globalization period by using strategies and methods to seize the power of
state authorities, and then trying to control, monitor, intervene in and manage
both directly and indirectly to oppress the labor movement to benefit the inter-
ests of employers, workers with no bargaining power live with fear that they will
be unemployed one day. They have to surrender to tyranny in unexpected ways
and cannot plan for their own future.
The current laws are also obsolete. The more they have been amended,
the more problems they have caused for workers. The procedures to bring jus-
tice to workers are so slow. So, it’s time for us to say “Enough!”
“Enough” is the book written to reveal the unfair facts repeatedly hap-
pening to workers by using the characters whose names come from the core
elements of labor organization administration.
“Enough!” is worth reading as it discloses all facts about a labor situa-
tion where workers show great effort to fight against employers’ attempt to break
trade unions every way and sometimes the employers use the methods that are
out of the ordinary. Readers will understand why unions which are worldwide
accepted and allowed by the Constitution are undermined and weakened. Some-
times, workers have to sacrifice even their blood and tears in exchange for unions.
The book contains the information for you to further thinking and
seeking solutions for all parties in the Thai labor movement and the relevant
state agencies in order to create peace and morality which will help resist capital-
ism.
Piyachet Klaewklad
Chairman of OLUC
Introduction
æÕ°—π∑’
Enough: Time to fight back
Over the past four years since the setup of the Thai Labor Campaign,
we have witnessed the difficulties thatThai workers have been facing and suffer-
ing in order to organize trade unions. Often, we have seen how workers who are
trade union members are terminated, locked out, and sued for compensation of
millions Baht by employers. This looks contrary to the simple criteria of form-
ing a trade union which requires only at least ten workers to register a union in
labor office in their province or at the Ministry of Labor. Besides, when receiv-
ing the names of the workers who desire to organize a union, often labor govern-
ment officials inform the workers’ employers of the name list, claiming that
their intention is just “to verify the workers’ status”. This causes many workers
get fired, during the process of organizing and registering a union. Employers
who know the workers’ movement then try every way to prevent the union to
successfully setup, and there are many cases workers have to wait for years to
receive the union license.
During the economic crisis, employers took advantage and tried to
bust trade unions. Many long-established unions with high bargaining power
closed down since 1996, especially the ones in textile sector such asThai Blanket
Industry Union, Thai Melon Textile Union, Iryo Garment Union, and Par Gar-
ment Union.
It is time for Thai workers to joinour strength together in demanding
trade union rights. In the free trade era where money is ruling the world, legal
proceedings and measures are loose while labor rights, social security and pen-
sion funds are trimmed down. This lessens the occupational security of employ-
ees in state enterprises, private companies, or even in the government sector. It is
easy for them to be terminated, and finally they are indirectly obliged to accept
the employment with no security, no protection, and no bargaining power.
Introductionby the Author
æÕ°—π∑’
The labor union is, therefore, the only mechanism that allows workers
to collectively bargaining with employers, Labor Ministry, or government in
order to protect their own rights and to call for the rights they deserve.
It is time for us, Thai workers, to say “Enough!” to all measures which
capitalists and executives utilize to prevent new unions or to bust unions.
Junya Yimprasert
Enough: Time to fight back
Those machines had kept going as long as we could remember, when we
finally pulled the switch and there was some quiet, I finally remembered
something: that I was a human being, that I could stop those machines, that
I was better than those machines anytime.
Sit-down striker (1936) Image of labour
The union is the organization of workers and administered by workers
to call for rights, justice, and wellbeing of workers. Section 45 of the Constitu-
tion stipulates that the individual has the freedom to establish a union while the
Labor Relations Law specifies that up to ten workers have the right to register a
union.
The concept of unions has started on the basis of the inequality of
employers and employees. Since an individual worker cannot bargain with his
employer alone, both national and international labor laws allow the establish-
ment of unions so that workers have enough strength to negotiate with employ-
ers. Thus, union membership is the legal right of workers and employers
should also accept this and should not have any measures to obstruct such
a workers’ right.
The basic principle of the workers’ union is that every worker (mem-
ber) should consider the benefits of “all workers” or “all members”, not of any
“single worker” or “individual”. It is normal that no employer wants to see a
union get stronger. They try to split up the worker unity by attacking the indi-
vidual worker, and they know that it is easier to negotiate with a single worker
than a group of workers.
The ideology of employers is how to make workers be under the con-
trol of management, to have no power to negotiate, and to believe that they are
powerless and have no support. Apart from splitting up the group of workers,
employers utilize management strategies, money, strict regulations, and legal
processes as tools to get rid of union leaders or demanding workers.
Preface
æÕ°—π∑’
According to the study of the American Labor Studies Center, workers
in unions receive 28% higher wages than those who are not. It is normal that no
employer wants to pay another 28% more. Even the minimum wage, if they can
avoid it, they will. This is because wage and welfare to employees means fewer
profits for them and their slower business expansion. Labor unions can help
workers negotiate with their employers on better wages, welfare which covers
workers and their families, and a bonus at year end. Therefore, it is necessary for
workers to understand the structure of capitalism, to utilize unions to gain col-
lective power to bargain with employers and to pressure employers to accept
workers’ demands.
The author was informed that some Phuket labor officials told Phuket
union leaders that acceptable and good unions are the unions which do not
bargain with their employers. I would like to ask what unions are set up for if
they cannot bargain for their benefits with their employers.
The tools of unions are the combined bargaining power gained
from union members and their alliances, and the last tool they will utilize is
the “strike”, which is legally allowed. Employers also have the right to “lock
out”.
The strength of union comes from all workers - chairman, committee,
shop stewards and members. It is essential for a union to provide training and
knowledge to its members so that they have the right understanding “what the
union is” and “what benefits the union can provide to their members”.
Workers do not have money and are not able to efficiently use their
legal rights due to their limitation in terms of economic situation, time, and
legal knowledge. The only thing they have is the number of people.
The more members a union has, the more difficulty an employer will
have in getting rid of it. There are many slogans with strong meanings that
emphasize the awareness of Liberty of union members.
“An injury to one is an injury to all.”
“If one is unfairly treated by management, it means all of us are.”
Enough: Time to fight back
“Injustice anywhere is a threat to justice everywhere.” (Martin Luther
King)
One of the best known slogans is that of Frontier Hotel’s union in Las
Vegas. “One Day Longer” is what 500 hotel workers kept in mind during a long
running strike of 6 years 4 months and 21 days from September 21, 1991 to
January 31, 1998. Finally, 350 workers who fought until the last day received
compensation and resumed their work.
All situations that union leaders face in this book are real situation that
happen with all unions that were set up to call for the benefits of the members
and their families (not the unions set up for the benefits of some leaders or
employers.)
To be a strong union, it should base core elements of labor unions as
following:
-A trade union does not belong to chairman, committee members
or advisors, but to every worker. It is administrated by workers for workers.
-Democracy in administration structure and decision making processes:
all members (not just the members who meet to constitute a quorum) have a
chance to join in the decision making processes directly (by voting in general
meeting) and indirectly via their committee members.
-Ownership and unity of all union members and committee mem-
bers can be created when every union member and committee member realize
that “they are all the owners of union and equally have the duty to strengthen
the union”. They can persuade other workers to become union members.
-Solidarity of members and local and foreign workers in the
borderless period where a big firm has factories in many countries. It is, there-
fore, crucial that the workers in such kind of firms cooperate with one another
to have stronger bargaining power and to assure that such firms will respect the
labor rights regardless of where they are located.
-Freedom and being free from influence which pressures workers to
side with employers for the needs and advantages of employers themselves, con-
sultants, religious people, government officials, politicians, etc.
æÕ°—π∑’
-Participation of union committee and members is required to reach
the achievement in negotiations with employers. It is not the sole duty of com-
mittee but of every member.Therefore, all members should follow up the opera-
tion of their unions, participate in union activities, join in making resolutions,
and take responsibility for union operations.
-Being self-supporting: the union should be independent and have
finance to support the education of its committee and members so that they
understand more and catch on to the political, economical, and social situation
including the circumstances in their own company. It is necessary for a union to
collect membership fee from its members on the percentage of their wage. Mostly
it is 2%, 1% of which for providing to the union for administrative and educa-
tion to members and the rest to the labor confederation for preparing training
and collecting necessary information to member unions.
Unions inThailand used to pay just a small amount of membership fee
like 20-30 Baht per month (USD .50 - .80), which is not enough even for
organizing a general meeting. The fee is not sufficient to employ a full time
officer to continually run the union activities and the committee members who
have their own full time work do not have enough time to prepare training to all
members.
If we believe that collective bargaining in the name of “union” will
better the livelihood of workers and their families, all workers have to pay the
membership fee for the efficiency of their unions.
Unity Freedom Solidarity Self-reliance Democracy
Enough: Time to fight back
Time to Fight Back
ENOUGH
Junya Yimprasert Writer
Thai Labour Campaign
Mr. Ong, Cartoonist
Enough : Time to fight back
æÕ°—π∑’
æÕ°—π∑’
Writer: Junya Yimprasert
Thai Labour Campaign
Cartoonist: Mr. Ong
Design: Wattanasin Suwatrattannon
Published by: Organizing Labour Union Committee
President: Piyachet Klewklad
Secretary: Wanpen Premkaew
Cordinator: Buddhi Netiprawat
Tel: +66 1 908 9686
Thai Labour Campaign
P.O. Box 219
Ladprao Post Office
Bangkok 10310
Tel: 0+ 66 2 933 0585
Printing: October Printing House
Time to Fight Back
ENOUGH
Enough: Time to fight back
“Enough!”
“What’re we are going to do next?”
Since the government plays the role as the representative of capitalism
under globalization period by using strategies and methods to seize the power of
state authorities, and then trying to control, monitor, intervene in and manage
both directly and indirectly to oppress the labor movement to benefit the inter-
ests of employers, workers with no bargaining power live with fear that they will
be unemployed one day. They have to surrender to tyranny in unexpected ways
and cannot plan for their own future.
The current laws are also obsolete. The more they have been amended,
the more problems they have caused for workers. The procedures to bring jus-
tice to workers are so slow. So, it’s time for us to say “Enough!”
“Enough” is the book written to reveal the unfair facts repeatedly hap-
pening to workers by using the characters whose names come from the core
elements of labor organization administration.
“Enough!” is worth reading as it discloses all facts about a labor situa-
tion where workers show great effort to fight against employers’ attempt to break
trade unions every way and sometimes the employers use the methods that are
out of the ordinary. Readers will understand why unions which are worldwide
accepted and allowed by the Constitution are undermined and weakened. Some-
times, workers have to sacrifice even their blood and tears in exchange for unions.
The book contains the information for you to further thinking and
seeking solutions for all parties in the Thai labor movement and the relevant
state agencies in order to create peace and morality which will help resist capital-
ism.
Piyachet Klaewklad
Chairman of OLUC
Introduction
æÕ°—π∑’
Enough: Time to fight back
Over the past four years since the setup of the Thai Labor Campaign,
we have witnessed the difficulties thatThai workers have been facing and suffer-
ing in order to organize trade unions. Often, we have seen how workers who are
trade union members are terminated, locked out, and sued for compensation of
millions Baht by employers. This looks contrary to the simple criteria of form-
ing a trade union which requires only at least ten workers to register a union in
labor office in their province or at the Ministry of Labor. Besides, when receiv-
ing the names of the workers who desire to organize a union, often labor govern-
ment officials inform the workers’ employers of the name list, claiming that
their intention is just “to verify the workers’ status”. This causes many workers
get fired, during the process of organizing and registering a union. Employers
who know the workers’ movement then try every way to prevent the union to
successfully setup, and there are many cases workers have to wait for years to
receive the union license.
During the economic crisis, employers took advantage and tried to
bust trade unions. Many long-established unions with high bargaining power
closed down since 1996, especially the ones in textile sector such asThai Blanket
Industry Union, Thai Melon Textile Union, Iryo Garment Union, and Par Gar-
ment Union.
It is time for Thai workers to joinour strength together in demanding
trade union rights. In the free trade era where money is ruling the world, legal
proceedings and measures are loose while labor rights, social security and pen-
sion funds are trimmed down. This lessens the occupational security of employ-
ees in state enterprises, private companies, or even in the government sector. It is
easy for them to be terminated, and finally they are indirectly obliged to accept
the employment with no security, no protection, and no bargaining power.
Introductionby the Author
æÕ°—π∑’
The labor union is, therefore, the only mechanism that allows workers
to collectively bargaining with employers, Labor Ministry, or government in
order to protect their own rights and to call for the rights they deserve.
It is time for us, Thai workers, to say “Enough!” to all measures which
capitalists and executives utilize to prevent new unions or to bust unions.
Junya Yimprasert
Enough: Time to fight back
Those machines had kept going as long as we could remember, when we
finally pulled the switch and there was some quiet, I finally remembered
something: that I was a human being, that I could stop those machines, that
I was better than those machines anytime.
Sit-down striker (1936) Image of labour
The union is the organization of workers and administered by workers
to call for rights, justice, and wellbeing of workers. Section 45 of the Constitu-
tion stipulates that the individual has the freedom to establish a union while the
Labor Relations Law specifies that up to ten workers have the right to register a
union.
The concept of unions has started on the basis of the inequality of
employers and employees. Since an individual worker cannot bargain with his
employer alone, both national and international labor laws allow the establish-
ment of unions so that workers have enough strength to negotiate with employ-
ers. Thus, union membership is the legal right of workers and employers
should also accept this and should not have any measures to obstruct such
a workers’ right.
The basic principle of the workers’ union is that every worker (mem-
ber) should consider the benefits of “all workers” or “all members”, not of any
“single worker” or “individual”. It is normal that no employer wants to see a
union get stronger. They try to split up the worker unity by attacking the indi-
vidual worker, and they know that it is easier to negotiate with a single worker
than a group of workers.
The ideology of employers is how to make workers be under the con-
trol of management, to have no power to negotiate, and to believe that they are
powerless and have no support. Apart from splitting up the group of workers,
employers utilize management strategies, money, strict regulations, and legal
processes as tools to get rid of union leaders or demanding workers.
Preface
æÕ°—π∑’
According to the study of the American Labor Studies Center, workers
in unions receive 28% higher wages than those who are not. It is normal that no
employer wants to pay another 28% more. Even the minimum wage, if they can
avoid it, they will. This is because wage and welfare to employees means fewer
profits for them and their slower business expansion. Labor unions can help
workers negotiate with their employers on better wages, welfare which covers
workers and their families, and a bonus at year end. Therefore, it is necessary for
workers to understand the structure of capitalism, to utilize unions to gain col-
lective power to bargain with employers and to pressure employers to accept
workers’ demands.
The author was informed that some Phuket labor officials told Phuket
union leaders that acceptable and good unions are the unions which do not
bargain with their employers. I would like to ask what unions are set up for if
they cannot bargain for their benefits with their employers.
The tools of unions are the combined bargaining power gained
from union members and their alliances, and the last tool they will utilize is
the “strike”, which is legally allowed. Employers also have the right to “lock
out”.
The strength of union comes from all workers - chairman, committee,
shop stewards and members. It is essential for a union to provide training and
knowledge to its members so that they have the right understanding “what the
union is” and “what benefits the union can provide to their members”.
Workers do not have money and are not able to efficiently use their
legal rights due to their limitation in terms of economic situation, time, and
legal knowledge. The only thing they have is the number of people.
The more members a union has, the more difficulty an employer will
have in getting rid of it. There are many slogans with strong meanings that
emphasize the awareness of Liberty of union members.
“An injury to one is an injury to all.”
“If one is unfairly treated by management, it means all of us are.”
Enough: Time to fight back
“Injustice anywhere is a threat to justice everywhere.” (Martin Luther
King)
One of the best known slogans is that of Frontier Hotel’s union in Las
Vegas. “One Day Longer” is what 500 hotel workers kept in mind during a long
running strike of 6 years 4 months and 21 days from September 21, 1991 to
January 31, 1998. Finally, 350 workers who fought until the last day received
compensation and resumed their work.
All situations that union leaders face in this book are real situation that
happen with all unions that were set up to call for the benefits of the members
and their families (not the unions set up for the benefits of some leaders or
employers.)
To be a strong union, it should base core elements of labor unions as
following:
-A trade union does not belong to chairman, committee members
or advisors, but to every worker. It is administrated by workers for workers.
-Democracy in administration structure and decision making processes:
all members (not just the members who meet to constitute a quorum) have a
chance to join in the decision making processes directly (by voting in general
meeting) and indirectly via their committee members.
-Ownership and unity of all union members and committee mem-
bers can be created when every union member and committee member realize
that “they are all the owners of union and equally have the duty to strengthen
the union”. They can persuade other workers to become union members.
-Solidarity of members and local and foreign workers in the
borderless period where a big firm has factories in many countries. It is, there-
fore, crucial that the workers in such kind of firms cooperate with one another
to have stronger bargaining power and to assure that such firms will respect the
labor rights regardless of where they are located.
-Freedom and being free from influence which pressures workers to
side with employers for the needs and advantages of employers themselves, con-
sultants, religious people, government officials, politicians, etc.
æÕ°—π∑’
-Participation of union committee and members is required to reach
the achievement in negotiations with employers. It is not the sole duty of com-
mittee but of every member.Therefore, all members should follow up the opera-
tion of their unions, participate in union activities, join in making resolutions,
and take responsibility for union operations.
-Being self-supporting: the union should be independent and have
finance to support the education of its committee and members so that they
understand more and catch on to the political, economical, and social situation
including the circumstances in their own company. It is necessary for a union to
collect membership fee from its members on the percentage of their wage. Mostly
it is 2%, 1% of which for providing to the union for administrative and educa-
tion to members and the rest to the labor confederation for preparing training
and collecting necessary information to member unions.
Unions inThailand used to pay just a small amount of membership fee
like 20-30 Baht per month (USD .50 - .80), which is not enough even for
organizing a general meeting. The fee is not sufficient to employ a full time
officer to continually run the union activities and the committee members who
have their own full time work do not have enough time to prepare training to all
members.
If we believe that collective bargaining in the name of “union” will
better the livelihood of workers and their families, all workers have to pay the
membership fee for the efficiency of their unions.
Unity Freedom Solidarity Self-reliance Democracy
Enough: Time to fight back
Time to Fight Back
ENOUGH
1Enough: Time to fight back
(f) Democracy (f) Equality
(f) Unity (m) Bargaining
(m) Negotiation (m) Independence
(m) Freedom (m) Solidarity
(f) Liberty
çThai Labor Solidarityé
Union Committee Members
* f = female * m = male
2 Enough: Time to fight back
October 17, 2003
Thai Labor Solidarity Unionûs monthly meeting
Democracy Everybody is here today?
Solidarity Two are absent, Bargain and Freedom.
Democracy Our union has been just set up. I donût ant anybody
absent in the meeting. We have got a lot to do and we
are still new.
Equality Iûm worried also. Thereûs threatening news that we, the
union, should be more careful as management is very
angry that we form a union.
3Enough: Time to fight back
4 Enough: Time to fight back
Liberty Why do we have to be scared of them? Our union is
legally registered and the Section 45 of Constitution
said that we have the right to set up a union.
Negotiation Perhaps, itûs because they used to oppress us and
they are afraid that they wonût be able anymore.
Unity I wonût let them treat me like in the past. Iûve still got
hurt that I was deducted 2,000 Baht for eating a
lemon. I did that because I was extremely sleepy after
working for 2 days and 2 nights without break.
Solidarity A security guard snatched at my collar, shouting çYou
want a piece of me?é
Equality They prohibit woman workers from being pregnant if
they work for less than 1-2 years. I think that violates
our rights. Who can stop birth?
Liberty Thatûs because they donût wanna pay for maternity
leaves.
Democracy When workers donût know what rights they have,
employers think they can do anything with workers.
5Enough: Time to fight back
6 Enough: Time to fight back
Telephone in the union room is ringing.
Democracy Hello!
Freedom Hello, Democracy! I was hit on my head. They rode a
motorcycle following me on the way to the meeting.
Democracy Oh dear! Where are you? Are you badly injured?
Freedom I donût know what to do next. Iûm hiding myself.
Democracy You go to hospital now and we will see you there and
take you to police station.
7Enough: Time to fight back
Democracy (telling the meeting) Hey! We have to hold up our
meeting. Freedom was hit on the head. I told him to go
to hospital. Letûs go to see him. We will get him to
inform the police of the attack.
Everybody Is he ok?
Equality So the threat is true? If so, they did too much!
8 Enough: Time to fight back
Dog Plan
It includes violent and threatening measures to discourage
workers, especially union leaders, from organizing a union or
threatening workers from being union members. The following
methods are used:
ë Threats via telephone, or telephone interception
ë Not allow leaders to do overtime work (putting economic
pressure)
ë Personal talk to threaten or to force workers to resign from
a union
ë Physical attack by gangsters or security guards
ë Accusations of theft, gambling, or having amphetamines
and involve police to arrest them Assassination of union leaders
(in some countries)
9Enough: Time to fight back
Freedom was hit on his head and the wound
was stitched with 4 needles.
Freedom There were two men riding a motorcycle after me since
I left the factory. I didnût see their faces because they
wore helmets.
Independence Itûs obvious that the policeman we informed of the
incident didnût pay attention as he claimed that
Freedom was not able to give identity of the attackers.
10 Enough: Time to fight back
Liberty Anybody knows that Management and the police
inspector often have drink together.
Democracy We have to be more careful. We donût know what theyûre
gonna do next.
As expected, the policeman just put the incident in the record and
there is no further investigation although the union and Freedom
have tried to follow up the case. They end up stopping their at-
tempts due to the policeûs lack of attention.
11Enough: Time to fight back
(5 days later)...Announcement...
çEvery staff are required to keep tucking in
for the order in factory. Those who are against this regulation will be
given verbal warning and disciplinary punishment respectively...é
Workers are crowding around the announcement board.
12 Enough: Time to fight back
Freedom They announced a new regulation without asking for an
opinion from the union. Is it against employment
conditions?
A member Tucking in causes us inconvenience in working. Weûve
been working with our shirts outside pants for a
decade and thereûs been no accident.
Freedom I will take this issue to talk with the union committee.
13Enough: Time to fight back
Liberty This announcement is intended to intimidate the union.
What should we do?
Freedom I think we should write to the Labor Ministry to protest
against the regulation and ask for an investigation.
Independence We should also do something to show that we disagree
with their new regulation.
Equality We wonût follow the regulation to show that we donût
agree.
14 Enough: Time to fight back
Democracy All of us shouldnût do it at the same time. The Person-
nel Manager will take disciplinary punishment with all
of us. A half of us should start first so that thereûll be
people left in the union if there is punishment.
Everybody Ok, weûll do that.
Personnel You donût follow the factory regulation. You think the
Manager union can help you? You think following the western
way will create a peaceful order in this factory?
Freedom Democracy is the Westûs political system and we
changed to be democratic country since 1932.
Personnel But the idea of union is against the Thai culture of
Manager paying respect to senior people. You should be aware
that youûre under my supervision and should act in a
modest way. Stop the union and letûs work as a family.
You follow the regulations of management and we all
help make the company thrive and I will propose MD to
give a big bonus to all of you.
Democracy Forming a union is our right authorized by the Consti-
tution. Being union members doesnût mean that weûll
be rebellious with the company. The union gives us
strength in showing our ideas and proposals to the
company. If we are alone, we donût dare propose any
thing.
Equality Thisûll benefit the company if staff can give their ideas
to the company and join in cross checking the companyûs
operations. Instead, itûll prevent corruption, biased
management, and oppressive regulations. The union can
be the intermediary between factory and workers.
15Enough: Time to fight back
Unity We also want the company to get a lot of profit and we
want to get a fair sharing of the profits. If the company
doesnût have us, the company wonût make that profit.
Personnel The union was just set up for only six months and you
Manager all have started arguing with me and donût follow my
policy. Anyway, I keep insisting the regulation of tuck-
16 Enough: Time to fight back
One month later...
After the unionûs firm confirmation of its right
in taking part in any new regulations, Person-
nel Department agrees that the regulations will
be issued under the mutual consent of Person-
nel Department and union representatives.
Personnel How are you doing, Democracy? Would you mind dining
Manager out with me this evening?
Democracy Thank you but sorry. Iûve got an appointment already.
(In fact, she doesnût have any date but she knows that
union members will question her behavior if she goes
with him.)
ing in and you have to follow no matter whether you
agree or not.
Everybody After trying to explain, you still donût listen to us.
Weûve to fight to the very end.
Personnel Youûll see who is the regulator in this factory. Youûve
Manager to follow my instructions.
No doubt, four union committee members receive a written warning and
are suspended from work with no payment for violation against superiorûs
instructions. Every member files the case to the Ministry of Labor to
consider whether the action of the Personnel Department is against
employment conditions, and whether the Department should consult with
the union before announcing the regulation.
17Enough: Time to fight back
18 Enough: Time to fight back
Stick Plan
It uses regulations to pressure workers to break company rules
and punish them by fine, warning letter, or dismissal without sever-
ance pay.
Disciplinary Punishment
ë Many inhumane regulations: if workers violate any regula-
tions, they will be hugely fined, or receive a warning letter, or be
dismissed.
ë Subcontracting out work to reduce workers’ bargaining power
(and to support their production in case of strikes)
ë Suspension from duties without pay in case of breach of any
regulations
ë Transfer of union leaders or committee to work alone or far
away from members
ë To put pressures on workers till they resign by moving them
to work in worse places, to collect garbage and clean toilets, or to
work in the department they are not good at.
ë Stricter regulations about the shirts, pants, shoes, and in-out
clocking of workers, especially union committee and members
Other Pressures
ë Try to make union leaders feel uncomfortable and frightened
by using camera, guards, and supervisors to monitor their perfor-
mance.
ë Force the workers who are afraid of being terminated to pres-
surize the workers who are union committee and members.
ë Force the wife/husband to pressure her/his spouse (in case
they work in the same place.)
ë Do not allow even one day of sick leave with no doctor
certificate.[by law it is three days]
ë Do not allow meeting’s leave if there is no invitation letter
from a government agency.
ë Check at home if the person is really sick.
ë Hire advisors ( for as much as 10 million Baht) to break the
union.
ë Set up a union that the company can control.
19Enough: Time to fight back
Personnel Please... I want to dine with you. If youûre not available
Manager today, it can be any day. You can tell me all the time.
Democracy If youûd like to pay for a meal, you should pay for
everybody. If not, they will say youûre biased.
Personnel I appreciate your ideals. You love your members so
Manager much!
20 Enough: Time to fight back
Organizing during lunch break between union
committee0 and union members
Negotiation The trade union belongs to all of us, not to me, nor to
the chairman. Itûs ours.
A member The chairman and the committee members are respon-
sible for taking care of members because we elected
them, arenût they?
Negotiation Of course, every committee member and I feel very
honored that every member trusts us. By the way, we
canût work alone. We need your help. Letûs see what a
union is, how it benefits us, our families and our soci-
ety. We should run a campaign to promote all workers
to be union members. If all workers are union members,
the union will get stronger and have more bargaining
power when dealing with employers. The heart of the
union is the strength from all members, not only me,
nor the chairman.
21Enough: Time to fight back
22 Enough: Time to fight back
Cat Plan
It includes the measures to separate and break a trade union
by offering compensation to union leaders to withdraw themselves
from union, or by creating division between union committee
and members.
ë Buy the leaders by offering them money in exchange for
their resignation from company or for something else.
ë Promote the leaders to be supervisors with or without con-
ditions to resign from union.
ë Entertain the leaders with food, overseas trips, expensive
gifts, car, gold, etc.
ë Try to convince workers they are “the same family and it
is not necessary to tell other people about the problems in the
family.”
ë Give the workers who are not union members’ higher
wages, bonuses, allowances and costs of living than those who are.
ë Ask for sympathy from union committee and members
by claiming that the company makes a loss.
ë Do not follow what is promised to union.
ë Ask government officials to take part in order to stop
negotiations, strikes, and requests.
23Enough: Time to fight back
A member May I talk off the point? I heard that our union chairman
was trying to have dinner with Personnel Manager, and
asking him to transfer her to another department.
Negotiation Where did you hear the news? I think itûs not true.
Democracy told me that Personnel Manager was trying
to dine with her many times and she kept refusing.
24 Enough: Time to fight back
A member I heard from my colleagues and donût know where they
get it from. They are very angry that Democracy is
two-faced. She looks helpful to us but she tries to
please Personnel Manager behind us.
Negotiation Cool down. I think our chairman is able to explain this
to us.
25Enough: Time to fight back
With anger, the chairman rushes to meet
Personnel Manager.
Democracy Why did you tell workers that I tried to dine with you
because I wanted to move to other department? You
know what the truth is. How come you treat to me like
this?
Personnel Isnût it true? Isnût it you who told me that your line is
Manager hot and uncomfortable? I just wanna help by moving
you to the store.
26 Enough: Time to fight back
Democracy I didnût tell you to move me and Iûm happy with my
present work.
Personnel Anyway, I will move you to Store Department. Itûs good
Manager for you. Youûll work alone there.
Democracy Are you crazy? I know you wanna keep me in Store
Dept. and I wonût meet union members.
Personnel When you see members, you urge them to be aggres-
Manager sive to me. If you are away from them, itûll be easier
for me to control them.
Democracy If you insist to move me to the new department, youûll
receive the court writ. I keep this as the change of
employment conditions without my consent.
Personnel Weûll see who is big here between you and me. If Iûm
Manager not good enough, I wonût be hired a Personnel Manager
and get 50,000-60,000 Baht a month.
27Enough: Time to fight back
28 Enough: Time to fight back
After work meeting in the evening in union room...
Democracy There are so many things for us to solve. We donût
have time to provide training to members. It seems
things getting messed up. Iûve just argued with
Personnel Manager because he told that he would
transfer me to Store Department.
Liberty Itûs his way to separate you from other members
because he knows that every member loves you.
Independence It may be the Managementûs technique to make us
have no time to train members.
29Enough: Time to fight back
Negotiation It might be more than that. We were harmed, annoyed,
and disciplinarily punished. And there is a bad news
that deliberately makes members lose trust and confi-
dence in us.
Unity You see the guy who often comes to Personnel Dept?
Aon (Chairman of alliance union) warned that we have
to beware that guy. He is hired to undermine the union.
I heard that heûs got 25,000 Baht a day from giving
advice to our management.
If our employer can pay him that much, it means we
are gonna face a big fight.
30 Enough: Time to fight back
Libra Plan
It includes the measures that involve court and legal pro-
ceedings. Since it requires time and money, workers are at a disad-
vantage. Most employers use this plan to dismiss workers without
giving them severance pay. Workers have to submit their petitions
to courts for severance pay which will take ages to reach the deci-
sion. Besides, employers may sue workers with any charges in or-
der to receive approval from the court to dismiss employees’ com-
mittee members (union leaders).
ë File lawsuits against union leaders (by mailing the court
writs to their hometown in provinces so that their families are
frightened and call them home.)
ë Bring lawsuits to Supreme Court
ë Bring lawsuits to Labor Court
ë Bring lawsuits to Civil Court
ë Bring lawsuits to Criminal Court
ë Call the police to put workers in jail, giving them any
charges they can think about.
ë Ask government officials or judges reconcile with workers
in the way employers want.
Threat to relocate the factory in border provinces, foreign
countries (eg China, Vietnam, etc.), or the places where workers
are cheap and are not aware of their rights.
31Enough: Time to fight back
Following month.....
There is a court writ mailed to the union chairmanûs
house in Karasin Province. The Personnel Depart-
ment has accused her of being aggressive to a supe-
rior. Because of her position as an employee commit-
tee member, the employment termination requires a
court approval.
Mother (Crying)
Older Sister Democracy! What did you do? Why they sue you?
32 Enough: Time to fight back
Mother Oh! Will she get imprisoned? No! No! I wonût let her
stay on in Bangkok. You call her back.
Older Sister Iûll see her and ask her back home.
33Enough: Time to fight back
At the apartment of Democracy...
Democracy Itûs not a big deal and actually not necessary for you to
come here. Donût worry about it.
Older Sister You still said it doesnût matter? No one in our family
was sued. We donût have money to fight with them and
people will gossip.
Democracy Donût be frightened! Itûs not an embarrassment. I didnût
kill anybody. Personnel Manager has done this with me
because Iûm the union leader.
34 Enough: Time to fight back
Older Sister Union! You shouldnût get involved with it. Itûd be better
to work only. You asked for trouble! We are concerned
about you.
Democracy Because most people think like you, so many employers
keep us down. Whenever they are not happy with us,
they deduct our wages, or sometimes donût pay. When
we have a union, they canût do that anymore.
Older Sister But itûs dangerous. Mom and Iûre worried about your
safety.
Democracy Tell Mom donût worry about me. Iûm not fighting alone.
There are many who take my side.
35Enough: Time to fight back
36 Enough: Time to fight back
At the monthly union meeting in a union room...
Democracy Did you see the invitation to join the seminar about
çEqual Rights of Thai and Foreign Workersé? It will be
next Sunday.
Negotiation Sounds interesting! We should go. Personnel Manager
said if we cause so many troubles, they will hire Bur-
mese workers to replace us.
Liberty Yes, Burmese workers are taking our jobs. They are
cheaper and work harder and they donût negotiate for
higher wage.
Democracy There is another point. Itûs said in the invitation letter
çif we allow the nationalist concept to prevent us from
learning the problems Burmese workers are facing and
do not join in fighting for their right protection, that will
be weakening the legal procedures for Thai workers
also. Besides, employers will use Burmese workers as
the excuse of forcing Thai workersû wage down.é
Freedom Obviously! I know that Burmese worker receives only
50-80 Baht a day. They work harder than slaves, and
the accommodation and food given by their employers
are veryterrible.
Bargain If we let a lot of border workers come in, weûll lose
jobs.
Democracy Many kinds of work that Burmese workers are doing
are the work that Thai workers donût wanna do
because itûs çdirty, dangerous, and difficulté. Such
work has low pay and no welfare.
Equality I wanna join this meeting. How many people they invite?
37Enough: Time to fight back
Democracy Three for our union. Who else wanna go. One is
Equality.
Unity I wanna go.
Liberty Me too.
Democracy Ok, Iûll give them the names of our union representa-
tives; Equality, Unity and Liberty. Three of you have to
pay full attention to the meeting and report the result
to us.
38 Enough: Time to fight back
While the union chairman is sued to be terminated, union committee
members and leaders do not just sit by. They keep organizing and try to
talk with their members during lunch and after work so that all members
are not afraid too much that they will be terminated.
Freedom Toom, youûve not to worry about Democracy. We
consulted with the lawyer. He said the employers donût
have sufficient grounds to terminate her. Personnel
Manager wanna frighten us. They think we are afraid
of government officials and courts.
Toom At first, we were scared. Because behind your present,
(a member) Personnel Manager tries to tell us to resign from the
union if we donût wanna have trouble and wanna get
bonus and iligence allowance.
Freedom Do you and your friends believe what they said?
Toom We donût believe them. For just over six months that
we have the union, we notice that management and
Personnel Manager are more careful about the way
they treat us. They donût curse us anymore as if we
were fools like buffaloes. No more money deduction:
30 Baht for late coming, 50 Baht for not putting the
name tag on the shirt, and 50 Baht for wearing wrong
color jeans. We know now that trade union can reduce
the Managementûs pressure on us.
Freedom Absolutely! Itûs because we recognize our rights. We
dare to fight more for rightness and justice because
we know we are not alone, donût we?
Toom Please tell Democracy that although we are low
educated, it doesnût mean weûre such fools that the
39Enough: Time to fight back
Personnel Manager can do anything with us. Many
workers still hesitate to be union members because
theyûre frightened of being fired. Iûll help talk with them.
Freedom Having a member like you, our unionûll get stronger for
sure.
40 Enough: Time to fight back
At the Union meeting (2 month later)...
Negotiation Iûve got papers about how to bust a trade union. Itûs
relevant to what weûve been facing. I bring to you all.
(Everybody sees the papers).
Liberty Hey! Itûs exactly what weûve encountered. They are
called Dog Plan, Cat Plan, Stick Plan, Libra Plan or
Nation Unity Plan.
41Enough: Time to fight back
Solidarity After considering the plans, what weûve experienced
are whatûs said in these plans.
Bargain Yes, look at the back part. Whatûs called çStrategies of
Advisor 1é is similar to whatûs used in our factory, or
itûs the same person?
Independence No doubt, it should be the same person. There are not
a lot of advisors famous for busting trade unions.
Bargain Itûs sad that there are some union leaders who are
upposed to give advice to workers but instead they
betray the workers.
Democracy I heard that as well. So, I think itûs necessary for us to
learn from history and try to understand who is who in
labor movements, including their action and attitude.
Anyway, we can notice who is sincere to help us. For
those who live in luxurious places and drive expensive
cars and we have to crawl down on our knee to meet
them, if they receive minimum wage and donût get
bribes, they canût have such luxurious things.
Freedom Certainly, itûs not hard to check if we wanna do.
Equality Itûs not only the employersû advisors that can get rid of
us, but also our own weakness and union membersû
lack of understanding. If we donût explain to members
about what we understand, the management will step
in and break the union.
Bargain Thatûs right! Weûve got to be giving education to our
members so that they see through what the manage-
ment is doing. We have to live in liberty and unity, like
your name Unity.
42 Enough: Time to fight back
Solidarity Thatûs not enough. We need to have the decision
making process thatûs based on a democratic concept.
We should allow our members to take part in or examine
our operations.
Negotiation After facing the pressure from the management, I think
we need to have a shadow committee that works along
with us. If anything happens to us or if weûre prevented
from meeting members, the shadow committee will be
able to replace us right away.
Democracy All ideas from you are the core elements of a trade
union: participation of members, unity, democracy,
shadow committee, and training. One thing I want to
add is independence. Weûve to be independent of the
influence of any political or interest groups that will
use us a tool. Weûve to join in proposing political policy
and labor laws that protect workers and have better
welfare. If we donût push forward legal improvement,
we will live in difficulties.
Independence How thoughtful! Weûre proud to have a union leader like
you. You understand and donût seek benefits from the
power you have. Weûll patiently and strongly help you
fight against any form of attempt to break the union.
Solidarity If we discuss about problems and brainstorm to seek
solutions like this, I believe the Personnel Manager
canût do anything to us though they hire a good advisor
for as high as 25,000 Baht a day.
Freedom Yes, but we need to understand laws and company
regulations well.
43Enough: Time to fight back
44 Enough: Time to fight back
Liberty We have to use our brain and fight with peaceful means.
Anyway, we wonût be compromising too much.
Democracy Weûre still new. The union has been set up for a few
months and weûve to face the big fight like this. By
learning from the lessons of other unions, weûll see if
we get stronger, the pressure by employers will be
weaker. We wonût stop train-ing and strengthening
membersû relationship. The management likes to hit
behind our backs. If weûre strong, they donût dare do
anything with us. If we donût have any action, they will
attack us again. So, we have to be alert and ready all
the time.
Negotiation Some strong unions have a strike fund of 10 million
Baht to support themselves in case of strikes or
lockouts. This is important. If we start collecting the
fund now, it will help members when there are
problems.
Everybody Extremely agree!
Democracy Comrades!
Everybody Yes!
Democracy Fight or not fight?
Everybody Fight!
45Enough: Time to fight back
46 Enough: Time to fight back
Appendix 1
Suggestions
1. Do not make decisions on your own. Before making any deci-
sion in the name of the union, committee members should
meet to agree on a position. If it is necessary, the meeting of
union members should be called.
2. Do not talk alone with the management. In case of negotia-
tions, a group of members or the whole union committee
should meet the management.
3. Absolutely do not sign your name on blank papers or on the
papers with texts in the languages (eg. English, Chinese, etc.)
union members do not understand.
4. Do not panic if receiving court writs.
5. In case of being bodily hurt, go to hospital and ask for a doctor’
s examination result as a medical certificate before reporting
the incident to the police. (It is essential to see a doctor (while
the wounds are still fresh) before going to police station.)
6. Being accused of theft (and forced by policemen), do not ac-
cept if it is not true. The accused has the right to consult with
a lawyer.
7. Emergency telephone numbers (eg. The Law Society of Thai-
land, union advisors or committee members) should be kept
with oneself all the time.
8. Study Labor Protection Law (B.E. 2541 version), Labor Rela-
tions Act, and the Constitution of the Kingdom of Thailand
B.E. 2540, and have the manuals of the laws.
9. What worries the management are not only capable union
chairman, strong committee or team of advisors, but also the
strength and unity of all members who understand the situa-
tion of their union.
47Enough: Time to fight back
10. To make members stronger, the following should be performed:
ë Providing members the continual training about the trade
union operations, labor laws, labor situation, and as much
as possible information about structure of factory (manu-
facturing procedure, customers, and the company’s connec-
tion with politicians)
ë Regularly communicating to members about what’s hap-
pening via announcement board, newsletter, meeting, vis-
iting, personal talk, etc.
ë Promoting members to take part in all levels of decision
making
ë Encourage transparency, democracy, and cross-check by
members in the operations of union
48 Enough: Time to fight back
Strategies and tactics to break trade unions and to re-
spond to workers’ strikes of two well-known advisors
to employers
Strategies of Advisor 1
1. Analyze each strike.
2. Seek the strike leaders and analyze them.
3. Try to cause as many difficulties as possible to strikes.
4. Monitor the situation of the strikes by means of VDO, camera, and
men.
5. Open the entrance-exit ways for workers who do not join strikes.
6. Immediately hire new workers.
7. Outsource work.
8. Call all security guards to be in charge, and prepare food, communi-
cation equipment, water, and fire extinguishers.
9. Try to contact those who support workers’ strikes.
10. Keep communicating with policemen about the situation but do
not let them be obviously involved with the incident.
11. If possible, announce a lockout.
12. The Management has to consider who is reliable to be used in case of
emergency.
13. Give insignificant work or less work to workers who are difficult to
control. Ensure that reliable workers are working close to the factory
so that they can quickly receive orders in case of emergency.
Appendix 2
49Enough: Time to fight back
Strategies of Advisor 2
1. The purpose of recording the situation on VDO
2. What to do if the entrances and exits are closed
3. How to monitor workers’ mobs
4. Change of staff bus-taking point
5. What to do if being threatened at home or dormitory
6. Are workers’ requests legal?
7. When does the agreement expire?
8. How to record the negotiations
9. Assignment of what to do after negotiations
10. When the counter request is expired?
11. The reasons of counter request and when to submit counter request
12. After strike, cancel work shifts
13. How to make workers resume work
14. What does the letter to cancel requests look like?
15. What are the advantages of the court’s urgent interrogation?
16. Who protects expensive machinery?
17. Should finished goods be moved?
18. After negotiations, ensure all or groups of workers resume work.
19. Mental rehabilitation
20. Change the responsibilities of the union leaders who start movements.
21. Try to play for time.
22. Protect electric generators
23. The purposes of the coordination center
24. Season of political mobs
25. Select the welfare that saves money.
26. Try to make use of the employees-related statistics.
27. How to know each strike in advance
50 Enough: Time to fight back
28. The benefits of the team that drafts the agreement
29. Prevent the press
30. What to do the first second workers are on strike
31. What to do the first second the requests are submitted
32. The reason why there must be the posters looking for workers with a
daily wage of 200 Baht
33. What to give to those who are not on strike
34. Worker benefits should be given one after another, not at the same
time.
35. In case the atmosphere is too tense, there should be separated nego-
tiations.
36. Preparation of amnesty
37. Beware of Mr. Chili
38. Do not have workers to work on days off to compensate the days
they are on strike.
39. Beware that the assigned persons will not be able to control mobs.
40. In critical case, intercept police radio signal.
41. When workers are on strike, do not stop machinery.

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Enough;time to fight back

  • 1.
  • 2. Junya Yimprasert Writer Thai Labour Campaign Mr. Ong, Cartoonist Enough : Time to fight back æÕ°—π∑’
  • 3. æÕ°—π∑’ Writer: Junya Yimprasert Thai Labour Campaign Cartoonist: Mr. Ong Design: Wattanasin Suwatrattannon Published by: Organizing Labour Union Committee President: Piyachet Klewklad Secretary: Wanpen Premkaew Cordinator: Buddhi Netiprawat Tel: +66 1 908 9686 Thai Labour Campaign P.O. Box 219 Ladprao Post Office Bangkok 10310 Tel: 0+ 66 2 933 0585 Printing: October Printing House Time to Fight Back ENOUGH
  • 4. Enough: Time to fight back “Enough!” “What’re we are going to do next?” Since the government plays the role as the representative of capitalism under globalization period by using strategies and methods to seize the power of state authorities, and then trying to control, monitor, intervene in and manage both directly and indirectly to oppress the labor movement to benefit the inter- ests of employers, workers with no bargaining power live with fear that they will be unemployed one day. They have to surrender to tyranny in unexpected ways and cannot plan for their own future. The current laws are also obsolete. The more they have been amended, the more problems they have caused for workers. The procedures to bring jus- tice to workers are so slow. So, it’s time for us to say “Enough!” “Enough” is the book written to reveal the unfair facts repeatedly hap- pening to workers by using the characters whose names come from the core elements of labor organization administration. “Enough!” is worth reading as it discloses all facts about a labor situa- tion where workers show great effort to fight against employers’ attempt to break trade unions every way and sometimes the employers use the methods that are out of the ordinary. Readers will understand why unions which are worldwide accepted and allowed by the Constitution are undermined and weakened. Some- times, workers have to sacrifice even their blood and tears in exchange for unions. The book contains the information for you to further thinking and seeking solutions for all parties in the Thai labor movement and the relevant state agencies in order to create peace and morality which will help resist capital- ism. Piyachet Klaewklad Chairman of OLUC Introduction
  • 6. Enough: Time to fight back Over the past four years since the setup of the Thai Labor Campaign, we have witnessed the difficulties thatThai workers have been facing and suffer- ing in order to organize trade unions. Often, we have seen how workers who are trade union members are terminated, locked out, and sued for compensation of millions Baht by employers. This looks contrary to the simple criteria of form- ing a trade union which requires only at least ten workers to register a union in labor office in their province or at the Ministry of Labor. Besides, when receiv- ing the names of the workers who desire to organize a union, often labor govern- ment officials inform the workers’ employers of the name list, claiming that their intention is just “to verify the workers’ status”. This causes many workers get fired, during the process of organizing and registering a union. Employers who know the workers’ movement then try every way to prevent the union to successfully setup, and there are many cases workers have to wait for years to receive the union license. During the economic crisis, employers took advantage and tried to bust trade unions. Many long-established unions with high bargaining power closed down since 1996, especially the ones in textile sector such asThai Blanket Industry Union, Thai Melon Textile Union, Iryo Garment Union, and Par Gar- ment Union. It is time for Thai workers to joinour strength together in demanding trade union rights. In the free trade era where money is ruling the world, legal proceedings and measures are loose while labor rights, social security and pen- sion funds are trimmed down. This lessens the occupational security of employ- ees in state enterprises, private companies, or even in the government sector. It is easy for them to be terminated, and finally they are indirectly obliged to accept the employment with no security, no protection, and no bargaining power. Introductionby the Author
  • 7. æÕ°—π∑’ The labor union is, therefore, the only mechanism that allows workers to collectively bargaining with employers, Labor Ministry, or government in order to protect their own rights and to call for the rights they deserve. It is time for us, Thai workers, to say “Enough!” to all measures which capitalists and executives utilize to prevent new unions or to bust unions. Junya Yimprasert
  • 8. Enough: Time to fight back Those machines had kept going as long as we could remember, when we finally pulled the switch and there was some quiet, I finally remembered something: that I was a human being, that I could stop those machines, that I was better than those machines anytime. Sit-down striker (1936) Image of labour The union is the organization of workers and administered by workers to call for rights, justice, and wellbeing of workers. Section 45 of the Constitu- tion stipulates that the individual has the freedom to establish a union while the Labor Relations Law specifies that up to ten workers have the right to register a union. The concept of unions has started on the basis of the inequality of employers and employees. Since an individual worker cannot bargain with his employer alone, both national and international labor laws allow the establish- ment of unions so that workers have enough strength to negotiate with employ- ers. Thus, union membership is the legal right of workers and employers should also accept this and should not have any measures to obstruct such a workers’ right. The basic principle of the workers’ union is that every worker (mem- ber) should consider the benefits of “all workers” or “all members”, not of any “single worker” or “individual”. It is normal that no employer wants to see a union get stronger. They try to split up the worker unity by attacking the indi- vidual worker, and they know that it is easier to negotiate with a single worker than a group of workers. The ideology of employers is how to make workers be under the con- trol of management, to have no power to negotiate, and to believe that they are powerless and have no support. Apart from splitting up the group of workers, employers utilize management strategies, money, strict regulations, and legal processes as tools to get rid of union leaders or demanding workers. Preface
  • 9. æÕ°—π∑’ According to the study of the American Labor Studies Center, workers in unions receive 28% higher wages than those who are not. It is normal that no employer wants to pay another 28% more. Even the minimum wage, if they can avoid it, they will. This is because wage and welfare to employees means fewer profits for them and their slower business expansion. Labor unions can help workers negotiate with their employers on better wages, welfare which covers workers and their families, and a bonus at year end. Therefore, it is necessary for workers to understand the structure of capitalism, to utilize unions to gain col- lective power to bargain with employers and to pressure employers to accept workers’ demands. The author was informed that some Phuket labor officials told Phuket union leaders that acceptable and good unions are the unions which do not bargain with their employers. I would like to ask what unions are set up for if they cannot bargain for their benefits with their employers. The tools of unions are the combined bargaining power gained from union members and their alliances, and the last tool they will utilize is the “strike”, which is legally allowed. Employers also have the right to “lock out”. The strength of union comes from all workers - chairman, committee, shop stewards and members. It is essential for a union to provide training and knowledge to its members so that they have the right understanding “what the union is” and “what benefits the union can provide to their members”. Workers do not have money and are not able to efficiently use their legal rights due to their limitation in terms of economic situation, time, and legal knowledge. The only thing they have is the number of people. The more members a union has, the more difficulty an employer will have in getting rid of it. There are many slogans with strong meanings that emphasize the awareness of Liberty of union members. “An injury to one is an injury to all.” “If one is unfairly treated by management, it means all of us are.”
  • 10. Enough: Time to fight back “Injustice anywhere is a threat to justice everywhere.” (Martin Luther King) One of the best known slogans is that of Frontier Hotel’s union in Las Vegas. “One Day Longer” is what 500 hotel workers kept in mind during a long running strike of 6 years 4 months and 21 days from September 21, 1991 to January 31, 1998. Finally, 350 workers who fought until the last day received compensation and resumed their work. All situations that union leaders face in this book are real situation that happen with all unions that were set up to call for the benefits of the members and their families (not the unions set up for the benefits of some leaders or employers.) To be a strong union, it should base core elements of labor unions as following: -A trade union does not belong to chairman, committee members or advisors, but to every worker. It is administrated by workers for workers. -Democracy in administration structure and decision making processes: all members (not just the members who meet to constitute a quorum) have a chance to join in the decision making processes directly (by voting in general meeting) and indirectly via their committee members. -Ownership and unity of all union members and committee mem- bers can be created when every union member and committee member realize that “they are all the owners of union and equally have the duty to strengthen the union”. They can persuade other workers to become union members. -Solidarity of members and local and foreign workers in the borderless period where a big firm has factories in many countries. It is, there- fore, crucial that the workers in such kind of firms cooperate with one another to have stronger bargaining power and to assure that such firms will respect the labor rights regardless of where they are located. -Freedom and being free from influence which pressures workers to side with employers for the needs and advantages of employers themselves, con- sultants, religious people, government officials, politicians, etc.
  • 11. æÕ°—π∑’ -Participation of union committee and members is required to reach the achievement in negotiations with employers. It is not the sole duty of com- mittee but of every member.Therefore, all members should follow up the opera- tion of their unions, participate in union activities, join in making resolutions, and take responsibility for union operations. -Being self-supporting: the union should be independent and have finance to support the education of its committee and members so that they understand more and catch on to the political, economical, and social situation including the circumstances in their own company. It is necessary for a union to collect membership fee from its members on the percentage of their wage. Mostly it is 2%, 1% of which for providing to the union for administrative and educa- tion to members and the rest to the labor confederation for preparing training and collecting necessary information to member unions. Unions inThailand used to pay just a small amount of membership fee like 20-30 Baht per month (USD .50 - .80), which is not enough even for organizing a general meeting. The fee is not sufficient to employ a full time officer to continually run the union activities and the committee members who have their own full time work do not have enough time to prepare training to all members. If we believe that collective bargaining in the name of “union” will better the livelihood of workers and their families, all workers have to pay the membership fee for the efficiency of their unions. Unity Freedom Solidarity Self-reliance Democracy
  • 12. Enough: Time to fight back Time to Fight Back ENOUGH
  • 13. Junya Yimprasert Writer Thai Labour Campaign Mr. Ong, Cartoonist Enough : Time to fight back æÕ°—π∑’
  • 14. æÕ°—π∑’ Writer: Junya Yimprasert Thai Labour Campaign Cartoonist: Mr. Ong Design: Wattanasin Suwatrattannon Published by: Organizing Labour Union Committee President: Piyachet Klewklad Secretary: Wanpen Premkaew Cordinator: Buddhi Netiprawat Tel: +66 1 908 9686 Thai Labour Campaign P.O. Box 219 Ladprao Post Office Bangkok 10310 Tel: 0+ 66 2 933 0585 Printing: October Printing House Time to Fight Back ENOUGH
  • 15. Enough: Time to fight back “Enough!” “What’re we are going to do next?” Since the government plays the role as the representative of capitalism under globalization period by using strategies and methods to seize the power of state authorities, and then trying to control, monitor, intervene in and manage both directly and indirectly to oppress the labor movement to benefit the inter- ests of employers, workers with no bargaining power live with fear that they will be unemployed one day. They have to surrender to tyranny in unexpected ways and cannot plan for their own future. The current laws are also obsolete. The more they have been amended, the more problems they have caused for workers. The procedures to bring jus- tice to workers are so slow. So, it’s time for us to say “Enough!” “Enough” is the book written to reveal the unfair facts repeatedly hap- pening to workers by using the characters whose names come from the core elements of labor organization administration. “Enough!” is worth reading as it discloses all facts about a labor situa- tion where workers show great effort to fight against employers’ attempt to break trade unions every way and sometimes the employers use the methods that are out of the ordinary. Readers will understand why unions which are worldwide accepted and allowed by the Constitution are undermined and weakened. Some- times, workers have to sacrifice even their blood and tears in exchange for unions. The book contains the information for you to further thinking and seeking solutions for all parties in the Thai labor movement and the relevant state agencies in order to create peace and morality which will help resist capital- ism. Piyachet Klaewklad Chairman of OLUC Introduction
  • 17. Enough: Time to fight back Over the past four years since the setup of the Thai Labor Campaign, we have witnessed the difficulties thatThai workers have been facing and suffer- ing in order to organize trade unions. Often, we have seen how workers who are trade union members are terminated, locked out, and sued for compensation of millions Baht by employers. This looks contrary to the simple criteria of form- ing a trade union which requires only at least ten workers to register a union in labor office in their province or at the Ministry of Labor. Besides, when receiv- ing the names of the workers who desire to organize a union, often labor govern- ment officials inform the workers’ employers of the name list, claiming that their intention is just “to verify the workers’ status”. This causes many workers get fired, during the process of organizing and registering a union. Employers who know the workers’ movement then try every way to prevent the union to successfully setup, and there are many cases workers have to wait for years to receive the union license. During the economic crisis, employers took advantage and tried to bust trade unions. Many long-established unions with high bargaining power closed down since 1996, especially the ones in textile sector such asThai Blanket Industry Union, Thai Melon Textile Union, Iryo Garment Union, and Par Gar- ment Union. It is time for Thai workers to joinour strength together in demanding trade union rights. In the free trade era where money is ruling the world, legal proceedings and measures are loose while labor rights, social security and pen- sion funds are trimmed down. This lessens the occupational security of employ- ees in state enterprises, private companies, or even in the government sector. It is easy for them to be terminated, and finally they are indirectly obliged to accept the employment with no security, no protection, and no bargaining power. Introductionby the Author
  • 18. æÕ°—π∑’ The labor union is, therefore, the only mechanism that allows workers to collectively bargaining with employers, Labor Ministry, or government in order to protect their own rights and to call for the rights they deserve. It is time for us, Thai workers, to say “Enough!” to all measures which capitalists and executives utilize to prevent new unions or to bust unions. Junya Yimprasert
  • 19. Enough: Time to fight back Those machines had kept going as long as we could remember, when we finally pulled the switch and there was some quiet, I finally remembered something: that I was a human being, that I could stop those machines, that I was better than those machines anytime. Sit-down striker (1936) Image of labour The union is the organization of workers and administered by workers to call for rights, justice, and wellbeing of workers. Section 45 of the Constitu- tion stipulates that the individual has the freedom to establish a union while the Labor Relations Law specifies that up to ten workers have the right to register a union. The concept of unions has started on the basis of the inequality of employers and employees. Since an individual worker cannot bargain with his employer alone, both national and international labor laws allow the establish- ment of unions so that workers have enough strength to negotiate with employ- ers. Thus, union membership is the legal right of workers and employers should also accept this and should not have any measures to obstruct such a workers’ right. The basic principle of the workers’ union is that every worker (mem- ber) should consider the benefits of “all workers” or “all members”, not of any “single worker” or “individual”. It is normal that no employer wants to see a union get stronger. They try to split up the worker unity by attacking the indi- vidual worker, and they know that it is easier to negotiate with a single worker than a group of workers. The ideology of employers is how to make workers be under the con- trol of management, to have no power to negotiate, and to believe that they are powerless and have no support. Apart from splitting up the group of workers, employers utilize management strategies, money, strict regulations, and legal processes as tools to get rid of union leaders or demanding workers. Preface
  • 20. æÕ°—π∑’ According to the study of the American Labor Studies Center, workers in unions receive 28% higher wages than those who are not. It is normal that no employer wants to pay another 28% more. Even the minimum wage, if they can avoid it, they will. This is because wage and welfare to employees means fewer profits for them and their slower business expansion. Labor unions can help workers negotiate with their employers on better wages, welfare which covers workers and their families, and a bonus at year end. Therefore, it is necessary for workers to understand the structure of capitalism, to utilize unions to gain col- lective power to bargain with employers and to pressure employers to accept workers’ demands. The author was informed that some Phuket labor officials told Phuket union leaders that acceptable and good unions are the unions which do not bargain with their employers. I would like to ask what unions are set up for if they cannot bargain for their benefits with their employers. The tools of unions are the combined bargaining power gained from union members and their alliances, and the last tool they will utilize is the “strike”, which is legally allowed. Employers also have the right to “lock out”. The strength of union comes from all workers - chairman, committee, shop stewards and members. It is essential for a union to provide training and knowledge to its members so that they have the right understanding “what the union is” and “what benefits the union can provide to their members”. Workers do not have money and are not able to efficiently use their legal rights due to their limitation in terms of economic situation, time, and legal knowledge. The only thing they have is the number of people. The more members a union has, the more difficulty an employer will have in getting rid of it. There are many slogans with strong meanings that emphasize the awareness of Liberty of union members. “An injury to one is an injury to all.” “If one is unfairly treated by management, it means all of us are.”
  • 21. Enough: Time to fight back “Injustice anywhere is a threat to justice everywhere.” (Martin Luther King) One of the best known slogans is that of Frontier Hotel’s union in Las Vegas. “One Day Longer” is what 500 hotel workers kept in mind during a long running strike of 6 years 4 months and 21 days from September 21, 1991 to January 31, 1998. Finally, 350 workers who fought until the last day received compensation and resumed their work. All situations that union leaders face in this book are real situation that happen with all unions that were set up to call for the benefits of the members and their families (not the unions set up for the benefits of some leaders or employers.) To be a strong union, it should base core elements of labor unions as following: -A trade union does not belong to chairman, committee members or advisors, but to every worker. It is administrated by workers for workers. -Democracy in administration structure and decision making processes: all members (not just the members who meet to constitute a quorum) have a chance to join in the decision making processes directly (by voting in general meeting) and indirectly via their committee members. -Ownership and unity of all union members and committee mem- bers can be created when every union member and committee member realize that “they are all the owners of union and equally have the duty to strengthen the union”. They can persuade other workers to become union members. -Solidarity of members and local and foreign workers in the borderless period where a big firm has factories in many countries. It is, there- fore, crucial that the workers in such kind of firms cooperate with one another to have stronger bargaining power and to assure that such firms will respect the labor rights regardless of where they are located. -Freedom and being free from influence which pressures workers to side with employers for the needs and advantages of employers themselves, con- sultants, religious people, government officials, politicians, etc.
  • 22. æÕ°—π∑’ -Participation of union committee and members is required to reach the achievement in negotiations with employers. It is not the sole duty of com- mittee but of every member.Therefore, all members should follow up the opera- tion of their unions, participate in union activities, join in making resolutions, and take responsibility for union operations. -Being self-supporting: the union should be independent and have finance to support the education of its committee and members so that they understand more and catch on to the political, economical, and social situation including the circumstances in their own company. It is necessary for a union to collect membership fee from its members on the percentage of their wage. Mostly it is 2%, 1% of which for providing to the union for administrative and educa- tion to members and the rest to the labor confederation for preparing training and collecting necessary information to member unions. Unions inThailand used to pay just a small amount of membership fee like 20-30 Baht per month (USD .50 - .80), which is not enough even for organizing a general meeting. The fee is not sufficient to employ a full time officer to continually run the union activities and the committee members who have their own full time work do not have enough time to prepare training to all members. If we believe that collective bargaining in the name of “union” will better the livelihood of workers and their families, all workers have to pay the membership fee for the efficiency of their unions. Unity Freedom Solidarity Self-reliance Democracy
  • 23. Enough: Time to fight back Time to Fight Back ENOUGH
  • 24. 1Enough: Time to fight back (f) Democracy (f) Equality (f) Unity (m) Bargaining (m) Negotiation (m) Independence (m) Freedom (m) Solidarity (f) Liberty çThai Labor Solidarityé Union Committee Members * f = female * m = male
  • 25. 2 Enough: Time to fight back October 17, 2003 Thai Labor Solidarity Unionûs monthly meeting Democracy Everybody is here today? Solidarity Two are absent, Bargain and Freedom. Democracy Our union has been just set up. I donût ant anybody absent in the meeting. We have got a lot to do and we are still new. Equality Iûm worried also. Thereûs threatening news that we, the union, should be more careful as management is very angry that we form a union.
  • 26. 3Enough: Time to fight back
  • 27. 4 Enough: Time to fight back Liberty Why do we have to be scared of them? Our union is legally registered and the Section 45 of Constitution said that we have the right to set up a union. Negotiation Perhaps, itûs because they used to oppress us and they are afraid that they wonût be able anymore. Unity I wonût let them treat me like in the past. Iûve still got hurt that I was deducted 2,000 Baht for eating a lemon. I did that because I was extremely sleepy after working for 2 days and 2 nights without break. Solidarity A security guard snatched at my collar, shouting çYou want a piece of me?é Equality They prohibit woman workers from being pregnant if they work for less than 1-2 years. I think that violates our rights. Who can stop birth? Liberty Thatûs because they donût wanna pay for maternity leaves. Democracy When workers donût know what rights they have, employers think they can do anything with workers.
  • 28. 5Enough: Time to fight back
  • 29. 6 Enough: Time to fight back Telephone in the union room is ringing. Democracy Hello! Freedom Hello, Democracy! I was hit on my head. They rode a motorcycle following me on the way to the meeting. Democracy Oh dear! Where are you? Are you badly injured? Freedom I donût know what to do next. Iûm hiding myself. Democracy You go to hospital now and we will see you there and take you to police station.
  • 30. 7Enough: Time to fight back Democracy (telling the meeting) Hey! We have to hold up our meeting. Freedom was hit on the head. I told him to go to hospital. Letûs go to see him. We will get him to inform the police of the attack. Everybody Is he ok? Equality So the threat is true? If so, they did too much!
  • 31. 8 Enough: Time to fight back Dog Plan It includes violent and threatening measures to discourage workers, especially union leaders, from organizing a union or threatening workers from being union members. The following methods are used: ë Threats via telephone, or telephone interception ë Not allow leaders to do overtime work (putting economic pressure) ë Personal talk to threaten or to force workers to resign from a union ë Physical attack by gangsters or security guards ë Accusations of theft, gambling, or having amphetamines and involve police to arrest them Assassination of union leaders (in some countries)
  • 32. 9Enough: Time to fight back Freedom was hit on his head and the wound was stitched with 4 needles. Freedom There were two men riding a motorcycle after me since I left the factory. I didnût see their faces because they wore helmets. Independence Itûs obvious that the policeman we informed of the incident didnût pay attention as he claimed that Freedom was not able to give identity of the attackers.
  • 33. 10 Enough: Time to fight back Liberty Anybody knows that Management and the police inspector often have drink together. Democracy We have to be more careful. We donût know what theyûre gonna do next. As expected, the policeman just put the incident in the record and there is no further investigation although the union and Freedom have tried to follow up the case. They end up stopping their at- tempts due to the policeûs lack of attention.
  • 34. 11Enough: Time to fight back (5 days later)...Announcement... çEvery staff are required to keep tucking in for the order in factory. Those who are against this regulation will be given verbal warning and disciplinary punishment respectively...é Workers are crowding around the announcement board.
  • 35. 12 Enough: Time to fight back Freedom They announced a new regulation without asking for an opinion from the union. Is it against employment conditions? A member Tucking in causes us inconvenience in working. Weûve been working with our shirts outside pants for a decade and thereûs been no accident. Freedom I will take this issue to talk with the union committee.
  • 36. 13Enough: Time to fight back Liberty This announcement is intended to intimidate the union. What should we do? Freedom I think we should write to the Labor Ministry to protest against the regulation and ask for an investigation. Independence We should also do something to show that we disagree with their new regulation. Equality We wonût follow the regulation to show that we donût agree.
  • 37. 14 Enough: Time to fight back Democracy All of us shouldnût do it at the same time. The Person- nel Manager will take disciplinary punishment with all of us. A half of us should start first so that thereûll be people left in the union if there is punishment. Everybody Ok, weûll do that. Personnel You donût follow the factory regulation. You think the Manager union can help you? You think following the western way will create a peaceful order in this factory? Freedom Democracy is the Westûs political system and we changed to be democratic country since 1932. Personnel But the idea of union is against the Thai culture of Manager paying respect to senior people. You should be aware that youûre under my supervision and should act in a modest way. Stop the union and letûs work as a family. You follow the regulations of management and we all help make the company thrive and I will propose MD to give a big bonus to all of you. Democracy Forming a union is our right authorized by the Consti- tution. Being union members doesnût mean that weûll be rebellious with the company. The union gives us strength in showing our ideas and proposals to the company. If we are alone, we donût dare propose any thing. Equality Thisûll benefit the company if staff can give their ideas to the company and join in cross checking the companyûs operations. Instead, itûll prevent corruption, biased management, and oppressive regulations. The union can be the intermediary between factory and workers.
  • 38. 15Enough: Time to fight back Unity We also want the company to get a lot of profit and we want to get a fair sharing of the profits. If the company doesnût have us, the company wonût make that profit. Personnel The union was just set up for only six months and you Manager all have started arguing with me and donût follow my policy. Anyway, I keep insisting the regulation of tuck-
  • 39. 16 Enough: Time to fight back One month later... After the unionûs firm confirmation of its right in taking part in any new regulations, Person- nel Department agrees that the regulations will be issued under the mutual consent of Person- nel Department and union representatives. Personnel How are you doing, Democracy? Would you mind dining Manager out with me this evening? Democracy Thank you but sorry. Iûve got an appointment already. (In fact, she doesnût have any date but she knows that union members will question her behavior if she goes with him.) ing in and you have to follow no matter whether you agree or not. Everybody After trying to explain, you still donût listen to us. Weûve to fight to the very end. Personnel Youûll see who is the regulator in this factory. Youûve Manager to follow my instructions. No doubt, four union committee members receive a written warning and are suspended from work with no payment for violation against superiorûs instructions. Every member files the case to the Ministry of Labor to consider whether the action of the Personnel Department is against employment conditions, and whether the Department should consult with the union before announcing the regulation.
  • 40. 17Enough: Time to fight back
  • 41. 18 Enough: Time to fight back Stick Plan It uses regulations to pressure workers to break company rules and punish them by fine, warning letter, or dismissal without sever- ance pay. Disciplinary Punishment ë Many inhumane regulations: if workers violate any regula- tions, they will be hugely fined, or receive a warning letter, or be dismissed. ë Subcontracting out work to reduce workers’ bargaining power (and to support their production in case of strikes) ë Suspension from duties without pay in case of breach of any regulations ë Transfer of union leaders or committee to work alone or far away from members ë To put pressures on workers till they resign by moving them to work in worse places, to collect garbage and clean toilets, or to work in the department they are not good at. ë Stricter regulations about the shirts, pants, shoes, and in-out clocking of workers, especially union committee and members Other Pressures ë Try to make union leaders feel uncomfortable and frightened by using camera, guards, and supervisors to monitor their perfor- mance. ë Force the workers who are afraid of being terminated to pres- surize the workers who are union committee and members. ë Force the wife/husband to pressure her/his spouse (in case they work in the same place.) ë Do not allow even one day of sick leave with no doctor certificate.[by law it is three days] ë Do not allow meeting’s leave if there is no invitation letter from a government agency. ë Check at home if the person is really sick. ë Hire advisors ( for as much as 10 million Baht) to break the union. ë Set up a union that the company can control.
  • 42. 19Enough: Time to fight back Personnel Please... I want to dine with you. If youûre not available Manager today, it can be any day. You can tell me all the time. Democracy If youûd like to pay for a meal, you should pay for everybody. If not, they will say youûre biased. Personnel I appreciate your ideals. You love your members so Manager much!
  • 43. 20 Enough: Time to fight back Organizing during lunch break between union committee0 and union members Negotiation The trade union belongs to all of us, not to me, nor to the chairman. Itûs ours. A member The chairman and the committee members are respon- sible for taking care of members because we elected them, arenût they? Negotiation Of course, every committee member and I feel very honored that every member trusts us. By the way, we canût work alone. We need your help. Letûs see what a union is, how it benefits us, our families and our soci- ety. We should run a campaign to promote all workers to be union members. If all workers are union members, the union will get stronger and have more bargaining power when dealing with employers. The heart of the union is the strength from all members, not only me, nor the chairman.
  • 44. 21Enough: Time to fight back
  • 45. 22 Enough: Time to fight back Cat Plan It includes the measures to separate and break a trade union by offering compensation to union leaders to withdraw themselves from union, or by creating division between union committee and members. ë Buy the leaders by offering them money in exchange for their resignation from company or for something else. ë Promote the leaders to be supervisors with or without con- ditions to resign from union. ë Entertain the leaders with food, overseas trips, expensive gifts, car, gold, etc. ë Try to convince workers they are “the same family and it is not necessary to tell other people about the problems in the family.” ë Give the workers who are not union members’ higher wages, bonuses, allowances and costs of living than those who are. ë Ask for sympathy from union committee and members by claiming that the company makes a loss. ë Do not follow what is promised to union. ë Ask government officials to take part in order to stop negotiations, strikes, and requests.
  • 46. 23Enough: Time to fight back A member May I talk off the point? I heard that our union chairman was trying to have dinner with Personnel Manager, and asking him to transfer her to another department. Negotiation Where did you hear the news? I think itûs not true. Democracy told me that Personnel Manager was trying to dine with her many times and she kept refusing.
  • 47. 24 Enough: Time to fight back A member I heard from my colleagues and donût know where they get it from. They are very angry that Democracy is two-faced. She looks helpful to us but she tries to please Personnel Manager behind us. Negotiation Cool down. I think our chairman is able to explain this to us.
  • 48. 25Enough: Time to fight back With anger, the chairman rushes to meet Personnel Manager. Democracy Why did you tell workers that I tried to dine with you because I wanted to move to other department? You know what the truth is. How come you treat to me like this? Personnel Isnût it true? Isnût it you who told me that your line is Manager hot and uncomfortable? I just wanna help by moving you to the store.
  • 49. 26 Enough: Time to fight back Democracy I didnût tell you to move me and Iûm happy with my present work. Personnel Anyway, I will move you to Store Department. Itûs good Manager for you. Youûll work alone there. Democracy Are you crazy? I know you wanna keep me in Store Dept. and I wonût meet union members. Personnel When you see members, you urge them to be aggres- Manager sive to me. If you are away from them, itûll be easier for me to control them. Democracy If you insist to move me to the new department, youûll receive the court writ. I keep this as the change of employment conditions without my consent. Personnel Weûll see who is big here between you and me. If Iûm Manager not good enough, I wonût be hired a Personnel Manager and get 50,000-60,000 Baht a month.
  • 50. 27Enough: Time to fight back
  • 51. 28 Enough: Time to fight back After work meeting in the evening in union room... Democracy There are so many things for us to solve. We donût have time to provide training to members. It seems things getting messed up. Iûve just argued with Personnel Manager because he told that he would transfer me to Store Department. Liberty Itûs his way to separate you from other members because he knows that every member loves you. Independence It may be the Managementûs technique to make us have no time to train members.
  • 52. 29Enough: Time to fight back Negotiation It might be more than that. We were harmed, annoyed, and disciplinarily punished. And there is a bad news that deliberately makes members lose trust and confi- dence in us. Unity You see the guy who often comes to Personnel Dept? Aon (Chairman of alliance union) warned that we have to beware that guy. He is hired to undermine the union. I heard that heûs got 25,000 Baht a day from giving advice to our management. If our employer can pay him that much, it means we are gonna face a big fight.
  • 53. 30 Enough: Time to fight back Libra Plan It includes the measures that involve court and legal pro- ceedings. Since it requires time and money, workers are at a disad- vantage. Most employers use this plan to dismiss workers without giving them severance pay. Workers have to submit their petitions to courts for severance pay which will take ages to reach the deci- sion. Besides, employers may sue workers with any charges in or- der to receive approval from the court to dismiss employees’ com- mittee members (union leaders). ë File lawsuits against union leaders (by mailing the court writs to their hometown in provinces so that their families are frightened and call them home.) ë Bring lawsuits to Supreme Court ë Bring lawsuits to Labor Court ë Bring lawsuits to Civil Court ë Bring lawsuits to Criminal Court ë Call the police to put workers in jail, giving them any charges they can think about. ë Ask government officials or judges reconcile with workers in the way employers want. Threat to relocate the factory in border provinces, foreign countries (eg China, Vietnam, etc.), or the places where workers are cheap and are not aware of their rights.
  • 54. 31Enough: Time to fight back Following month..... There is a court writ mailed to the union chairmanûs house in Karasin Province. The Personnel Depart- ment has accused her of being aggressive to a supe- rior. Because of her position as an employee commit- tee member, the employment termination requires a court approval. Mother (Crying) Older Sister Democracy! What did you do? Why they sue you?
  • 55. 32 Enough: Time to fight back Mother Oh! Will she get imprisoned? No! No! I wonût let her stay on in Bangkok. You call her back. Older Sister Iûll see her and ask her back home.
  • 56. 33Enough: Time to fight back At the apartment of Democracy... Democracy Itûs not a big deal and actually not necessary for you to come here. Donût worry about it. Older Sister You still said it doesnût matter? No one in our family was sued. We donût have money to fight with them and people will gossip. Democracy Donût be frightened! Itûs not an embarrassment. I didnût kill anybody. Personnel Manager has done this with me because Iûm the union leader.
  • 57. 34 Enough: Time to fight back Older Sister Union! You shouldnût get involved with it. Itûd be better to work only. You asked for trouble! We are concerned about you. Democracy Because most people think like you, so many employers keep us down. Whenever they are not happy with us, they deduct our wages, or sometimes donût pay. When we have a union, they canût do that anymore. Older Sister But itûs dangerous. Mom and Iûre worried about your safety. Democracy Tell Mom donût worry about me. Iûm not fighting alone. There are many who take my side.
  • 58. 35Enough: Time to fight back
  • 59. 36 Enough: Time to fight back At the monthly union meeting in a union room... Democracy Did you see the invitation to join the seminar about çEqual Rights of Thai and Foreign Workersé? It will be next Sunday. Negotiation Sounds interesting! We should go. Personnel Manager said if we cause so many troubles, they will hire Bur- mese workers to replace us. Liberty Yes, Burmese workers are taking our jobs. They are cheaper and work harder and they donût negotiate for higher wage. Democracy There is another point. Itûs said in the invitation letter çif we allow the nationalist concept to prevent us from learning the problems Burmese workers are facing and do not join in fighting for their right protection, that will be weakening the legal procedures for Thai workers also. Besides, employers will use Burmese workers as the excuse of forcing Thai workersû wage down.é Freedom Obviously! I know that Burmese worker receives only 50-80 Baht a day. They work harder than slaves, and the accommodation and food given by their employers are veryterrible. Bargain If we let a lot of border workers come in, weûll lose jobs. Democracy Many kinds of work that Burmese workers are doing are the work that Thai workers donût wanna do because itûs çdirty, dangerous, and difficulté. Such work has low pay and no welfare. Equality I wanna join this meeting. How many people they invite?
  • 60. 37Enough: Time to fight back Democracy Three for our union. Who else wanna go. One is Equality. Unity I wanna go. Liberty Me too. Democracy Ok, Iûll give them the names of our union representa- tives; Equality, Unity and Liberty. Three of you have to pay full attention to the meeting and report the result to us.
  • 61. 38 Enough: Time to fight back While the union chairman is sued to be terminated, union committee members and leaders do not just sit by. They keep organizing and try to talk with their members during lunch and after work so that all members are not afraid too much that they will be terminated. Freedom Toom, youûve not to worry about Democracy. We consulted with the lawyer. He said the employers donût have sufficient grounds to terminate her. Personnel Manager wanna frighten us. They think we are afraid of government officials and courts. Toom At first, we were scared. Because behind your present, (a member) Personnel Manager tries to tell us to resign from the union if we donût wanna have trouble and wanna get bonus and iligence allowance. Freedom Do you and your friends believe what they said? Toom We donût believe them. For just over six months that we have the union, we notice that management and Personnel Manager are more careful about the way they treat us. They donût curse us anymore as if we were fools like buffaloes. No more money deduction: 30 Baht for late coming, 50 Baht for not putting the name tag on the shirt, and 50 Baht for wearing wrong color jeans. We know now that trade union can reduce the Managementûs pressure on us. Freedom Absolutely! Itûs because we recognize our rights. We dare to fight more for rightness and justice because we know we are not alone, donût we? Toom Please tell Democracy that although we are low educated, it doesnût mean weûre such fools that the
  • 62. 39Enough: Time to fight back Personnel Manager can do anything with us. Many workers still hesitate to be union members because theyûre frightened of being fired. Iûll help talk with them. Freedom Having a member like you, our unionûll get stronger for sure.
  • 63. 40 Enough: Time to fight back At the Union meeting (2 month later)... Negotiation Iûve got papers about how to bust a trade union. Itûs relevant to what weûve been facing. I bring to you all. (Everybody sees the papers). Liberty Hey! Itûs exactly what weûve encountered. They are called Dog Plan, Cat Plan, Stick Plan, Libra Plan or Nation Unity Plan.
  • 64. 41Enough: Time to fight back Solidarity After considering the plans, what weûve experienced are whatûs said in these plans. Bargain Yes, look at the back part. Whatûs called çStrategies of Advisor 1é is similar to whatûs used in our factory, or itûs the same person? Independence No doubt, it should be the same person. There are not a lot of advisors famous for busting trade unions. Bargain Itûs sad that there are some union leaders who are upposed to give advice to workers but instead they betray the workers. Democracy I heard that as well. So, I think itûs necessary for us to learn from history and try to understand who is who in labor movements, including their action and attitude. Anyway, we can notice who is sincere to help us. For those who live in luxurious places and drive expensive cars and we have to crawl down on our knee to meet them, if they receive minimum wage and donût get bribes, they canût have such luxurious things. Freedom Certainly, itûs not hard to check if we wanna do. Equality Itûs not only the employersû advisors that can get rid of us, but also our own weakness and union membersû lack of understanding. If we donût explain to members about what we understand, the management will step in and break the union. Bargain Thatûs right! Weûve got to be giving education to our members so that they see through what the manage- ment is doing. We have to live in liberty and unity, like your name Unity.
  • 65. 42 Enough: Time to fight back Solidarity Thatûs not enough. We need to have the decision making process thatûs based on a democratic concept. We should allow our members to take part in or examine our operations. Negotiation After facing the pressure from the management, I think we need to have a shadow committee that works along with us. If anything happens to us or if weûre prevented from meeting members, the shadow committee will be able to replace us right away. Democracy All ideas from you are the core elements of a trade union: participation of members, unity, democracy, shadow committee, and training. One thing I want to add is independence. Weûve to be independent of the influence of any political or interest groups that will use us a tool. Weûve to join in proposing political policy and labor laws that protect workers and have better welfare. If we donût push forward legal improvement, we will live in difficulties. Independence How thoughtful! Weûre proud to have a union leader like you. You understand and donût seek benefits from the power you have. Weûll patiently and strongly help you fight against any form of attempt to break the union. Solidarity If we discuss about problems and brainstorm to seek solutions like this, I believe the Personnel Manager canût do anything to us though they hire a good advisor for as high as 25,000 Baht a day. Freedom Yes, but we need to understand laws and company regulations well.
  • 66. 43Enough: Time to fight back
  • 67. 44 Enough: Time to fight back Liberty We have to use our brain and fight with peaceful means. Anyway, we wonût be compromising too much. Democracy Weûre still new. The union has been set up for a few months and weûve to face the big fight like this. By learning from the lessons of other unions, weûll see if we get stronger, the pressure by employers will be weaker. We wonût stop train-ing and strengthening membersû relationship. The management likes to hit behind our backs. If weûre strong, they donût dare do anything with us. If we donût have any action, they will attack us again. So, we have to be alert and ready all the time. Negotiation Some strong unions have a strike fund of 10 million Baht to support themselves in case of strikes or lockouts. This is important. If we start collecting the fund now, it will help members when there are problems. Everybody Extremely agree! Democracy Comrades! Everybody Yes! Democracy Fight or not fight? Everybody Fight!
  • 68. 45Enough: Time to fight back
  • 69. 46 Enough: Time to fight back Appendix 1 Suggestions 1. Do not make decisions on your own. Before making any deci- sion in the name of the union, committee members should meet to agree on a position. If it is necessary, the meeting of union members should be called. 2. Do not talk alone with the management. In case of negotia- tions, a group of members or the whole union committee should meet the management. 3. Absolutely do not sign your name on blank papers or on the papers with texts in the languages (eg. English, Chinese, etc.) union members do not understand. 4. Do not panic if receiving court writs. 5. In case of being bodily hurt, go to hospital and ask for a doctor’ s examination result as a medical certificate before reporting the incident to the police. (It is essential to see a doctor (while the wounds are still fresh) before going to police station.) 6. Being accused of theft (and forced by policemen), do not ac- cept if it is not true. The accused has the right to consult with a lawyer. 7. Emergency telephone numbers (eg. The Law Society of Thai- land, union advisors or committee members) should be kept with oneself all the time. 8. Study Labor Protection Law (B.E. 2541 version), Labor Rela- tions Act, and the Constitution of the Kingdom of Thailand B.E. 2540, and have the manuals of the laws. 9. What worries the management are not only capable union chairman, strong committee or team of advisors, but also the strength and unity of all members who understand the situa- tion of their union.
  • 70. 47Enough: Time to fight back 10. To make members stronger, the following should be performed: ë Providing members the continual training about the trade union operations, labor laws, labor situation, and as much as possible information about structure of factory (manu- facturing procedure, customers, and the company’s connec- tion with politicians) ë Regularly communicating to members about what’s hap- pening via announcement board, newsletter, meeting, vis- iting, personal talk, etc. ë Promoting members to take part in all levels of decision making ë Encourage transparency, democracy, and cross-check by members in the operations of union
  • 71. 48 Enough: Time to fight back Strategies and tactics to break trade unions and to re- spond to workers’ strikes of two well-known advisors to employers Strategies of Advisor 1 1. Analyze each strike. 2. Seek the strike leaders and analyze them. 3. Try to cause as many difficulties as possible to strikes. 4. Monitor the situation of the strikes by means of VDO, camera, and men. 5. Open the entrance-exit ways for workers who do not join strikes. 6. Immediately hire new workers. 7. Outsource work. 8. Call all security guards to be in charge, and prepare food, communi- cation equipment, water, and fire extinguishers. 9. Try to contact those who support workers’ strikes. 10. Keep communicating with policemen about the situation but do not let them be obviously involved with the incident. 11. If possible, announce a lockout. 12. The Management has to consider who is reliable to be used in case of emergency. 13. Give insignificant work or less work to workers who are difficult to control. Ensure that reliable workers are working close to the factory so that they can quickly receive orders in case of emergency. Appendix 2
  • 72. 49Enough: Time to fight back Strategies of Advisor 2 1. The purpose of recording the situation on VDO 2. What to do if the entrances and exits are closed 3. How to monitor workers’ mobs 4. Change of staff bus-taking point 5. What to do if being threatened at home or dormitory 6. Are workers’ requests legal? 7. When does the agreement expire? 8. How to record the negotiations 9. Assignment of what to do after negotiations 10. When the counter request is expired? 11. The reasons of counter request and when to submit counter request 12. After strike, cancel work shifts 13. How to make workers resume work 14. What does the letter to cancel requests look like? 15. What are the advantages of the court’s urgent interrogation? 16. Who protects expensive machinery? 17. Should finished goods be moved? 18. After negotiations, ensure all or groups of workers resume work. 19. Mental rehabilitation 20. Change the responsibilities of the union leaders who start movements. 21. Try to play for time. 22. Protect electric generators 23. The purposes of the coordination center 24. Season of political mobs 25. Select the welfare that saves money. 26. Try to make use of the employees-related statistics. 27. How to know each strike in advance
  • 73. 50 Enough: Time to fight back 28. The benefits of the team that drafts the agreement 29. Prevent the press 30. What to do the first second workers are on strike 31. What to do the first second the requests are submitted 32. The reason why there must be the posters looking for workers with a daily wage of 200 Baht 33. What to give to those who are not on strike 34. Worker benefits should be given one after another, not at the same time. 35. In case the atmosphere is too tense, there should be separated nego- tiations. 36. Preparation of amnesty 37. Beware of Mr. Chili 38. Do not have workers to work on days off to compensate the days they are on strike. 39. Beware that the assigned persons will not be able to control mobs. 40. In critical case, intercept police radio signal. 41. When workers are on strike, do not stop machinery.