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View Full Version : Taiwan: Reinstate illegally dismissed workers at YFO



Crux
24th April 2010, 09:32
我将发布的中文翻译时,谈到了在网站上。

Friday, 23 April 2010.
Request for solidarity for YFOTU’s struggle for basic labour rights – No to sweatshop mobile phones!

chinaworker.info has received this appeal for solidarity and support from Taiwanese workers organised in the trade union YFOTU and the independent trade union federation NAFITU. We urge all readers to do what they can to support this struggle against blatant union-busting methods and the dismissal by the company YFO of more than ten trade members. The letter contains addresses and links to facilitate immediate protests by you and your organisation.

Dear Fellow Workers, Officers and Organizers in Trade Unions and other Civil Organizations:

Workers at Young Fast Optoelectronics (YFO) in Taiwan urgently request your solidarity actions for their struggle to defend their union and basic labor rights against the company’s union-busting actions and the Taiwanese government’s negligence of the law. Please help us disseminate the information to those who you think fit, and join us in this struggle.

YFO is a Taiwan-based producer of touch-sensor used on high-end mobile phones such as iPhone. It is a major supplier to brand names such as Samsung, LG, HTC, Qualcomm and so on. Google is to become the major buyer of YFO products through subcontracting the manufacturing of Google Phone to HTC and Qualcomm. YFO has three plants in Guangdong, China, one in Hanoi, Vietnam, and one in Tao-Yuan, Taiwan, and a combined workforce of more than 10 thousand.

Working condition for the 1,300 workers at YFO Taoyuan Plant is worse than most people expected. Aside from low wages, high work intensity, forced overtime without pay, and poor health and safety conditions that is becoming rampant in the so-called high-tech industries today, YFO also hired 200 migrant workers and 400 high school “interns” (some of them are below the age of 16, which is the legal criteria of child labor in Taiwan) and pay them less than the legal minimum wage. And this happened despite the fact that YFO has posted a record-high profit last year.
http://www.chinaworker.info/get_img?NrArticle=1042&NrImage=7
Workers duly organized a trade union, Young Fast Optoelectronics Trade Union, or YFOTU, in December 2009 to address their problems. The management promptly dismissed five union officers and more than ten active union members in March 2010, under the pretense that their production line will be moved to China. Trade unionists in Taiwan believe that this is a deliberate union-busting action and gross violation of the Labor Union Law.

YFOTU and National Federation of Independent Trade Unions (NAFITU), which YFOTU is affiliated with, have waged a campaign since the illegal dismissal. Aside from the negligence of government in enforcing labor laws in Taiwan, YFOTU and NAFITU especially stress the negligence of the brand name companies in enforcing their Corporate Social Responsibility (CSR) standards. HTC, the fast expanding Taiwan brand name, is especially under fierce protest.

HTC itself, on the other hand, has commercial cooperation with many well-known telecom corporations which sell its mobile phones: Vodafone, Verizon, Chunghwa Telecom, and Taiwan Mobile are just among the top of them. These telecom brand names are responsible for the exploitive working conditions and union-busting management in YFO, too.

We hope that you can help us in this campaign by pressuring the Taiwanese government and all the buyers of YFO such as HTC, Samsung, LG, Google, Qualcomm, Vodafone, Verizone, Chunghwa Telecom and Taiwan Mobile. We need you to tell them that violation of basic labor rights is not an acceptable business practice, and that we believe “injury to one is an injury to all.”

Also, there is a danger that YFO would transfer the workloads from the plant in Taiwan to those in China, we urge your attention to the working conditions and labor rights in YFO’s plants in China to protect the workers there, too.

The demands of YFOTU and NAFITU are:


Reinstate the illegally-dismissed union officers and members;
Resolve labor dispute through dialogue with YFOTU and NAFITU;
The government shall form a joint-committee from different ministries and take thorough investigation about the working conditions and labor rights abuses, and prevent repetition of labor rights abuse in YFO.

What you can do to help:


Sign our petition and send back to us.
Sign the on-line campaign on LabourStart (http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=675)
Write to the management of Samsung, LG, HTC, Google, Qualcomm, Vodafone, Chunghwa Telecom and Taiwan Mobile to pressure, telling them to set up code of conducts for their suppliers (if they don’t have it at all) according to the International Core Labor Standards advocated by ILO, and to monitor and demand YFO to reinstate the union officers and members, to obey the suppliers’ code of conducts (if they have it) and the local laws;
Write to the Taiwan government to protest and demand a thorough investigation on YFO and enforce the law[1];
Distribute this mail to your affiliates, members and friends, encourage them to write to pressure;
Cooperate with us in our future actions that might need your solidarity and assistance;
Any other ways that could help us for this campaign.

On behalf of all the YFOTU members and workers in YFO, we thank for your support.

Yours in solidarity,

Guang-Yu Du,
Secretary, Young Fast Optoelectronic Trade Union (YFOTU)

Wei-Li Chu,
General Secretary, National Federation of Independent Trade Unions (NAFITU)
International Coordinators:

Lennon Ying-Dah Wong, Consultant and International Coordinator of YFOTU
Mobile: +886-933908994, +886-968049125
Fax: +886-3-2174942
E-Mail: [email protected]

Wei-Li Chu, General Secretary, NAFITU
Mobile: +886-981238732
E-Mail: [email protected]
Model protest letter for individuals/organisations

To whom it may concern,

We are deeply concerned about the working conditions at Young Fast Optoelectronics (YFO), which is a supplier to Samsung, LG, HTC, Google, Qualcomm, Vodafone, Verizon, Chunhwa Telecom and Taiwan Mobile, and we are writing to request your corporation to look into the case and establish a code of conduct which upholds labor rights at your supplier.

We were informed by Young Fast Optoelectronics Trade Union (YFOTU) and National Federation of Independent Trade Unions (NAFITU) that severe labor rights violations occurred at YFO, including:


Student workers are employed as de facto workers in name of internship; some of them are younger than 16 years old. In other words, child labor is employed YFO. Not only that, the child labors were demanded to work for as long as the adult workers, which is already proved to be a violation of the Taiwan law and has been penalized by Taiwan Government;
Deduction of overtime pay is found in the factory. According to local law, overtime pay should be calculated on the basis of the salary of each month. Instead, YFO pays the overtime pay on the basis of the basic wage, which has made tremendous loss on workers’ salaries every month;
Overtime work is excessive. Working hour is up to 100 hours per month, and sometimes workers are denied a holiday in a week. Refusal for working overtime would often result as the deductions on salaries and threats to be fired. It is not only highly suspected an abuse of child labors, it is even suspected to be a violation of forced labor.

The workers in YFO established YFOTU in December 2009. Since then, YFOTU has been demanding the factory to rectify the labor rights violations. Outrageously, five officers and more than ten members of YFOTU were retaliated and dismissed illegally due to their legal campaign. It is evidently a violation to the freedom of association to the Taiwan law and the International Core Labor Standards.

As advocated by the Code of Conduct of Electronic Industry Citizenship Coalition (EICC) and the standards of the Corporate Social Responsibility (CSR), it is obligatory for your corporation to ensure your suppliers to implement the standards stipulated in EICC Code of Conduct. Regrettably, the standards like working hours, wages, freedom of association and prohibition of child labor are not implemented.

It is thus obligatory for your corporation to adopt a Suppliers’ Code of Conduct and monitor your suppliers to follow the Code to ensure the working conditions at your suppliers.

Even though your corporation is one of the leading corporate in terms of technology development, it lags behind other brands in terms of corporate social responsibility as the working conditions in YFO was exposed to the public. We urge your corporation to create a Suppliers’ Code of Conduct in line with EICC Code and Core Labor Standards advocated by the International Labor Organization (ILO), International Trade Union Confederation (ITUC) and Global Union Federations (GUFs) and to monitor your suppliers to follow the Code to ensure the working conditions at your suppliers.

In support of YFOTU and NAFITU, we further demand your corporation to communicate with YFO with the aim to:


Reinstate the dismissed union officers and members;
Resolve labor dispute through dialogue with YFOTU and NAFITU;
Monitor the labor rights and working conditions, prevent repetition of labor rights abuse in YFO.

Furthermore, we are deeply concerned about the negligence of the Taiwan Government on protecting the workers in YFO and enforcing the labor laws. We strongly urge the Taiwan Government to:


Make a thorough investigation on the total working conditions in YFO;
Take concrete actions against the illegalities and to protect the workers in YFO and all parts of Taiwan for their labor rights and working conditions in an effective way.

Looking forward to hear favorable response from your corporation soon.

Sincerely,
Relevant target e-mail addresses:

1. President of Taiwan: [email protected]

2. Premier of Taiwan: [email protected], [email protected]
3. LG: [email protected]
4. Samsung: [email protected]
5. HTC: [email protected]
6. Google: [email protected] (CEO Eric Schmidt); [email protected] (media contact);
7. Qualcomm: [email protected]
8. Vodafone: [email protected]
9. Verizon: [email protected] ; [email protected]
10. Chunghwa Telecom: [email protected]
11. Taiwan Mobile: [email protected]



Fact Sheets Regarding the Struggle of Young Fast Optoelectronics Trade Union (YFOTU)

For more details of the working conditions in Young Fast Optoelectronics (YFO) and about our campaign, here is some background information [This an abridged version of the campaign factsheet, the full version can be obtained from YFOTU]:

The earnings of YFO:

YFO is earning tremendously. In the year 2009, the revenue of Young Fast is $4.02 billion, and the margin is 35.5%; its stock price has once rushed to over NT$500 (approximately $15.68) per share, operating margins NT$4.925 billion (approximately $154.48 million) and NT$22.53 (approximately $0.7) as full-year earnings per share in the year of 2009; it has been called the “king among the touch panels” in Taiwan. Because of the tremendous earnings, the board of YFO agree for NT10 ($0.31) per share cash dividend which amounting to NT1.33 billion ($41.718 million) in the same year.

The exploitive working conditions in YFO:


Overtime work is excessive: overtime working hour is up to 100 hours a month, and sometimes workers are denied a holiday in a week.
Child labourers are hired and abused: student workers are employed as de facto workers in name of internship, some of them are under 16, and they have to work for as long as the adult workers. In other words, child labor is employed in the factory, and the violation has been proved and penalized by the local labor administration, and has been investigated by the public prosecutor in mid-April.
Deduction of overtime wages: according to Labor Standard Law, overtime wages should be calculated on the basis of the salary of each month. Instead, YFO pays the overtime wages on the basis of the basic wage, which makes a large deficiency on the salaries for all workers every month.
Forced labor is also suspected: refusal for working overtime would result as the deductions on salaries and threats to be fired. Afraid of losing the job, most workers are almost always forced to accept the overtime demand by the management.

The union-busting actions by YFO:


Transfer the union officers: from the establishment of the Young Fast Optoelectronics Trade Union (YFOTU) on December 2009, YFO had once transferred three officers to the cleaning unit from the production line. It was stopped only when the local labor administration intervened.
Dismiss the union officers and members illegally: On March 12, 2010, the management of YFO dismissed 5 of the union officers and more than 10 members illegally altogether in the fabricated excuse of "the business suffers an operating loss or contraction; a change in business nature requires a reduction of workers and the particular workers cannot be assigned to another suitable position; and a particular worker is clearly not able to perform the duties required of the position held", which is just a duplication of part of Article 11 from the Labor Standard Law which permits the employer to dismiss the employees legally; apparently, they are only pretense and are totally groundless. It is clear that YFO tries to eliminate the newly-born union by dismissing its officers and members illegally. It is clear that YFO tries to eliminate the newly-born union by dismissing its officers and members illegally.

YFO’s commercial relations:

We sum up three types of commercial relations for YFO; in a word, YFO is a supplier for all of the brand names mentioned below:


Manufacturing: brand names of mobile phones: YFO got the bills from Samsung, LG and HTC; among them, Samsung is a member of the Electronic Industry Citizenship Coalition (or EICC), and HTC doesn’t even have a code of conduct at all;
Joint-brands and technology: HTC has cooperative projects with Google for manufacturing mobile phones and with Qualcomm for its technologies;
Selling distributing: HTC has cooperated with telecom corporations such as Vodafone in Britain, Verizone in the United States, Chunghwa Telecom and Taiwan Mobile in Taiwan.

Other possible developments:

As the quota for applying for more migrant workers has been temporarily frozen, and most of the interns have been called back to their schools in YFO, there might be a shortage of labor force, which would probably force YFO to transfer the workload from the plant in Taiwan to those in China. It would likely increase the labor intensity for the workers in China.

References of articles and reports:


YFOTU’s blog: http://yfotu.blogspot.com/ (Most of its contents are in Chinese while some in English).
An English report by YFOTU regarding the protest to HTC on April 2: Shocked by YFO Workers Twice A Day, HTC Still Doesn't Mind the Labor Condition of Its Supplier. (http://yfotu.blogspot.com/2010/04/shocked-by-yfo-workers-twice-day-htc.html )
An English report from a website of technological news regarding the protest to HTC on April 2: HTC launch gate crashed by supplier union (http://www.semiaccurate.com/2010/04/06/htc-launch-gate-crashed-supplier-union/ ).
English version of the open letter to Ms. Cher Wang, Chairperson of HTC: Be the Salt and Light for Workers: An Open letter to Cher Wang, HTC Chairperson (http://yfotu.blogspot.com/2010/04/be-salt-and-light-for-workers-open.html )
Two English reports regarding the proved child labor abuse in YFO:

Young Fast Optical hired underaged workers: CLA (http://www.taipeitimes.com/News/taiwan/archives/2010/04/13/2003470473)
Young Fast accepts fines for labor violation (http://www.chinapost.com.tw/business/company-focus/2010/04/13/252289/Young-Fast.htm)

Crux
2nd May 2010, 22:08
台湾:要求立即恢复洋华光电(YFO)被解职的工会干部和会员的职务

星期天, 2 五月 2010.
为争取基本劳工权利与洋华光电工会(YFOTU)团结斗争

(简体版本)

中国劳工论坛(chinaworker.info)收到以下来自台湾洋华光电工会(YFOTU )和自主工联 (NAFITU)要求团结捍卫台湾工人基本权利的诉求书。为此,我们呼吁本网站所有读者支持洋华广电工会( YFOTU),支持台湾工人阶级;反对资方洋华 广电(YFO)解雇15名工会干部和会员的藐视劳动法令和打压工会的行为。
洋华光电工会(YFOTU)和自主工联(NAFITU)诉求书

致各位劳工同仁、工会骨干和民权组织:
由于台湾洋华光电的资方采取的反工会行动,以及台湾政府疏于严格执法,工会迫切需要您的支持。洋华光电是全 世界最大的触控面版制造商之一,它的主要 客户包括三星(Samsung)、LG、宏达电(HTC)和Google。虽然有高额获利,洋华桃园厂的劳 动条件却差得超乎一般人的想象。这些令人难以接 受的劳动条件包括:雇用童工、超长且强迫的加班、加班费给付不足、安全卫生条件堪虑。自从洋华光电产业工会 在2009年12月成立以来,资方就不断打压工 会。在2010年3月,资方以整条生产线要移往中国大陆为由,解雇了5名工会干部和超过10名会员。台湾工 运界认为这是资方针对工会刻意打压且公然藐视劳 动法令的行为。从资方违法解雇干部及会员时开始,洋华光电工会和自主工联就展开积极的抗争行动 。

洋华广电(股)产业工会(YFOTU)
全国自主劳工联盟(NAFITU)

抗议信模板如下:


本人严正关切三星(Samsung)、LG、宏达电(HTC)、Google、高通(Qualcomm)、 沃达丰(Vodafone)、 Verizone、中华电信及台湾大哥大的供货商洋华光电厂内的劳动条件及打压工会的各项措施。本人在此要 求您关注此事件,并且纠正洋华光电侵害劳动权益 的各项措施。本人支持洋华光电工会以及自主工联的行动,要求以上各家企业与洋华光电联系,务必让被资遣的工 会干部与会员复职;与洋华光电工会与自主工联以 协商对话的方式处理劳资争议;监督洋华光电的劳动人权与劳动条件,并防止侵害劳动人权与劳动条件的情事再度 发生。本人同时强烈要求台湾政府对洋华光电的劳 动条件采取彻底的调查,并且对处理违法情况及保护洋华光电劳工等事项提出具体措施。
抗议信请发至以下EMAIL地址

台北总统府:[email protected],
台北行政院:[email protected]
韩国LG电子:[email protected]
韩国三星电子:[email protected]
HTC: [email protected]
谷歌总部:[email protected]
高通公司(QUALCOMM): [email protected]
沃达丰(VODAFONE): [email protected]
美国VERIZON通讯[email protected][email protected],
台北中华电信:[email protected]
台湾移动:[email protected]
网络联署简体中文版本:
http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=685

访问洋华光电工会(YOFTU)的博客:http://yfotu.blogspot.com/

联络人
洋华广电(股)产业工会(YFOTU)顾问:
E-Mail: [email protected]
手机: +886-933908994
传真: +886-3-2174942
自主工联执行长:朱维立
E-Mail: [email protected]
手机: +886-981238732
洋华光电公司疑似违法的事项繁多,工会简单整理如下表:

违法事实

违反法条

政府应有作为



违法资遣工会干部及工会会员



工会法第35条



其行为已触犯刑法依刑法处断外,并得依法处以罚锾。



就业服务法第5条



处新台币30万元以上150万元以下罚锾,连续处罚至改善为止!



劳动基准法第11条



正式行文认定违法解雇无效!



违法资遣本劳持续雇用及引进外劳



就业服务法第42、47条



依同法第54条中止引进外劳,取消配额并将现有外劳转换雇主



违法短发加班费



劳动基准法第24条



连续处罚2万元至改善为止



违法低报劳保



劳保条例第14条等相关规定



1. 自事实发生之日起按其短报保费金额,处以2倍罚锾。

2. 协助劳工向雇主追偿所受损失。

3.
涉嫌诈欺罪及伪造文书罪,政府主动移送地检署侦办



劳退新制提拨短少



劳工退休金条例第14条



1. 移请法院强制执行提拨足额

2. 加征滞纳金

3. 依雇主应负担金额连续处罚至改善为止



员工每月超时加班上百小时



劳动基准法第32条



连续处罚2万元至改善为止!



劳动基准法第5条



处5年以下有期徒刑、拘役或科或并科5万元以下罚金。



建教合作生超时加班



高级职业学校建教合作实施办法第5条



依同法第12条令其停办



职工福利金委员会届期不改选



职工福利金条例第5条



政府行文命令其改选



雇用未满16岁之童工超时加班



依刑事罪论处



政府主动移送地检署侦办

(繁體版本)

中國勞工論壇(chinaworker.info)收到以下來自臺灣洋華光電工會(YFOTU))和自主工 聯 (NAFITU)要求團結支持捍衛臺灣工人基本權利的訴求書。為此,我們呼籲本網站所有讀者支持洋華廣電工 會(YFOTU),支持臺灣工人階級;反對資方 洋華廣電(YFO)解雇15名工會幹部和會員的藐視勞動法令和打壓工會的行為。

洋華光電工會(YFOTU))和自主工聯(NAFITU)訴求書

致各位勞工同仁、工會骨幹和民權組織:

由於臺灣洋華光電的資方採取的反工會行動,以及臺灣政 府疏於嚴格執法,工會迫切需要您的支援。洋華光電是全世界最大的觸控面版製造商之一,它的主要客戶包括三星 (Samsung)、LG、宏達電(HTC)和 Google。雖然有高額獲利,洋華桃園廠的勞動條件卻差得超乎一般人的想像。這些令人難以接受的勞動條件 包括:雇用童工、超長且強迫的加班、加班費給付 不足、安全衛生條件堪慮。自從洋華光電產業工會在2009年12月成立以來,資方就不斷打壓工會。在201 0年3月,資方以整條生產線要移往中國大陸為 由,解雇了5名工會幹部和超過10名會員。臺灣工運界認為這是資方針對工會刻意打壓且公然藐視勞動法令的行 為。從資方違法解雇幹部及會員時開始,洋華光電 工會和自主工聯就展開積極的抗爭行動。

洋華廣電(股)產業工會(YFOTU)
全國自主勞工聯盟(NAFITU)
抗議信範本如下:

本人嚴正關切三星(Samsung)、LG、宏達電(HTC)、Google、高通(Qualcomm)、 沃達豐(Vodafone)、 Verizone、中華電信及臺灣大哥大的供應商洋華光電廠內的勞動條件及打壓工會的各項措施。本人在此要 求您關注此事件,並且糾正洋華光電侵害勞動權益 的各項措施。本人支援洋華光電工會以及自主工聯的行動,要求以上各家企業與洋華光電聯繫,務必讓被資遣的工 會幹部與會員複職;與洋華光電工會與自主工聯以 協商對話的方式處理勞資爭議;監督洋華光電的勞動人權與勞動條件,並防止侵害勞動人權與勞動條件的情事再度 發生。本人同時強烈要求臺灣政府對洋華光電的勞 動條件採取徹底的調查,並且對處理違法情況及保護洋華光電勞工等事項提出具體措施。

抗議信請發至以下EMAIL地址

臺北總統府:[email protected]
臺北行政院:[email protected]
韓國LG電子:[email protected]
韓國三星電子:[email protected]
HTC: [email protected]
穀歌總部:[email protected]
高通公司(QUALCOMM): [email protected]
沃達豐(VODAFONE): [email protected]
美國VERIZON通訊: [email protected][email protected],
臺北中華電信:[email protected]
臺灣移動:[email protected],
繁體中文版連署抗議網頁:
http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=683

訪問洋華光電工會(YOFTU)的博客http://yfotu.blogspot.com/ (http://yfotu.blogspot.com/)

或聯絡:

洋華廣電(股)產業工會(YFOTU)顧問:
E-Mail: [email protected]
手機: +886-933908994 ,
傳真: +886-3-2174942
自主工聯執行長:朱維立
E-Mail: [email protected]
手機: +886-981238732

違法事實

違反法條

政府應有作為



違法資遣工會幹部及工會會員



工會法第35條



其行為已觸犯刑法依刑法處斷外,並得依法處以罰鍰。



就業服務法第5條



處新臺幣30萬元以上150萬元以下罰鍰,連續處罰至改善為止!



勞動基準法第11條



正式行文認定違法解雇無效!



違法資遣本勞持續雇用及引進外勞



就業服務法第42、47條



依同法第54條中止引進外勞,取消配額並將現有外勞轉換雇主



違法短髮加班費



勞動基準法第24條



連續處罰2萬元至改善為止



違法低報勞保



勞保條例第14條等相關規定



1. 自事實發生之日起按其短報保費金額,處以2倍罰鍰。

2. 協助勞工向雇主追償所受損失。

3.
涉嫌詐欺罪及偽造文書罪,政府主動移送地檢署偵辦



勞退新制提撥短少



勞工退休金條例第14條



1. 移請法院強制執行提撥足額

2. 加征滯納金

3. 依雇主應負擔金額連續處罰至改善為止



員工每月超時加班上百小時



勞動基準法第32條



連續處罰2萬元至改善為止!



勞動基準法第5條



處5年以下有期徒刑、拘役或科或併科5萬元以下罰金。



建教合作生超時加班



高級職業學校建教合作實施辦法第5條



依同法第12條令其停辦



職工福利金委員會屆期不改選



職工福利金條例第5條



政府行文命令其改選



雇用未滿16歲之童工超時加班



依刑事罪論處



政府主動移送地檢署偵辦