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Sourcing Journal

50 Companies Sign AAFA, FLA Letter on Responsible Migrant Recruitment in Taiwan

Meghan Hall
3 min read
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A new letter from the American Apparel and Footwear Association (AAFA) and the Fair Labor Association (FLA) called on Taiwan‘s minister of economic affairs, Kuo Jyh-huei, to take measures to protect the rights of migrant laborers coming into the country.

Companies like Adidas, Nike, Lacoste, Gap, Target, Under Armour and J. Crew signed the letter, as did dozens of other brands.

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According to the AAFA and the FLA, reporting from the U.S. Department of State, the International Labor Organization (ILO) and others shows that migrant workers in Taiwan may be subject to high expenses and fees in order to secure a role in the apparel supply chain. The organizations also cite research that alleges that migrant workers may be struggling against unfit or unfair labor conditions.

“These reports…allege that some migrant workers can face abusive working and living conditions, including restricted freedom of movement, retention of identity documents, excessive overtime and threats of repatriation if they report grievances, complain about poor labor conditions, engage in workplace organizing or collective bargaining, become pregnant or attempt to change employers,” the letter states.

The letter goes on to state that if those alleged conditions are what workers face, they create a high risk of forced labor. As regulations against forced labor continue to pop up in nations like the U.S., the EU, Mexico and Canada, brands have become increasingly cautious about the likelihood of forced labor occurring anywhere in their supply chains.

The companies and organizations argue that in addition to the reality of regulation, companies expect to be able to trust suppliers to mitigate forced labor at every possible touchpoint.

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“Many companies expect or require their suppliers to reduce and eliminate these risks to prevent trade enforcement actions that may lead to significant business costs, civil and criminal penalties and reputational damage,” they wrote.

The signatories did note that Taiwan’s government has already taken some steps to alleviate the potential of forced labor in facilities across the country by developing a telephone hotline for migrant workers, establishing a direct-hiring service and calling on migrants’ home countries to cap the fees owed to them for recruitment to one month’s worth of pay. The country has also said it would prohibit recruitment fees for migrant workers in trade agreement negotiations with the U.S.

Despite the progress the signatories acknowledge Taiwan has made, they are calling on Kuo to take further action against the mistreatment of migrant workers. They recommend Taiwan create and enforce a law against monthly fees or recruitment costs for migrant workers, that it allow full freedom of association, including unions, and that it create agreements with common migrant home countries, which “should include input from worker-focused organizations so that the interests of workers are represented,” among other actions.

The brands and advocates also called on the country to make it easier for migrant workers to apply to change employers and stated that law enforcement should be required to adequately investigate and enforce any laws related to labor abuse. In the same vein, the signatories said workers needed fair arbitration channels for any grievances that arise in the workplace.

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The brands that signed the letter, which also include L.L. Bean, Patagonia, New Balance and Reformation, said that if Kuo and others inside the Taiwanese government heed their recommendation, it will likely foster a safer work environment for migrants.

“Implementing these changes will be a good start in providing confidence to migrant workers, and to companies sourcing from Taiwan, that migrant workers in Taiwan are protected by a strong safety net and will not experience unethical recruitment or poor working conditions,” they said in the letter. “We believe that collaboration between governments, civil society, and the private sector is essential to promoting and expanding ethical and sustainable business practices in Taiwan.”

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