HOLIDAYS BY HASBRO: TRANSFORMERS FROM HELL Transformers toy production at Jet Fair factory in China
December 2011 Author Charles Kernaghan Research Charles Kernaghan, Barbara Briggs Cassie Rusnak, Elana Szymkowiak, and Victoria Lopez
Institute for Global Labour and Human Rights (Formerly National Labor Committee) 5 Gateway Center, 6F, Pittsburgh, PA 15222 , U.S.A. +1-412-562-2406 | inbox@glhr.org | www.globallabourrights.org
Table of Contents Executive Summary: Jet Fair sweatshop in China produces Hasbro’s Transformers.................................... i Preface by Charles Kernaghan: Hasbro, Putting Lipstick on a Pig............................................................... ii Company Profiles.......................................................................................................................................... 1 Hasbro’s Christmas Workshop: How would you like your daughter or son to work here?.......................... 3 Filthy, Rat-infested Dorms; Workers Tortured by Bed Bugs ............................................................. 10 Factory Cafeteria ................................................................................................................................. 12 Hours: 70-plus Hours a Week ..................................................................................................................... 14 Hasbro Supplier in Blatant Violation of Even China’s Weak Labor Laws................................................. 15 Words Are One Thing. Reality Is Another. ................................................................................................ 16 Wages: $1.18 an hour and $204.34 a month ............................................................................................... 20
Executive Summary
Jet Fair sweatshop in China produces Hasbro’s Transformers
Workers housed in filthy, over-crowded dorms, infested with rats and bed bugs. Workers report they cannot sleep at night from the bed bug bites.
Workers describe factory food as “Pretty much like swine food.”
Workers allowed less than 9 minutes to assemble each Hasbro Transformer, for which they are paid 17 cents.
“We are drenched in sweat,” workers say. Factory temperatures soar to 104 degrees F in summer.
During peak season, workers toil 12-hour shifts, seven days a week, while earning a take-home wage of just 92 cents an hour.
Workers undergo three body-searches each day, are not permitted to talk or lift their heads to look around, and need permission to use the bathroom.
Hasbro is open to the hiring of 14 and 15-year-olds on a “case-by-case basis.”
Workers in the spray paint department fear they are being exposed to dangerous solvents.
There are no fire drills and some emergency exits are locked.
During the slow season, hundreds of workers are fired under false charges so management does not have to pay their legal severance.
Workers are cheated of paid sick leave and maternity leave.
Workers describe their work as mindless, miserable, constantly monotonous, yet furious and exhausting.
Preface by Charles Kernaghan
Hasbro Putting Lipstick on a Pig That is exactly what Hasbro executives are doing—putting lipstick on a pig—when they claim to have voluntary corporate codes of conduct to guarantee the rights of the workers in China who make their Transformers, board games and tricycles. On the other hand, when it comes to its toys, Hasbro’s executives demand enforceable laws—intellectual property and copyright laws—backed up by sanctions to protect their plastic Transformers. Anyone caught making a knock-off of a Hasbro toy will be prosecuted and do real jail time. What accounts for this schizophrenic split personality? Hasbro would never even dream of allowing its toys made in China or elsewhere to be protected by voluntary codes of conduct. If it is not good enough for a Transformer robot to be protected by Hasbro’s voluntary code of conduct, then why is it good enough for the human beings who make the company’s toys, often under gross and abusive sweatshop conditions while being paid pennies an hour? Corporate codes of conduct were never really meant to enforce or protect workers’ internationally recognized labor rights. This is one of the great scams that Hasbro and the other toy companies have pulled on the American people. It is this simple: Hasbro knows that in the global economy, there must be enforceable laws, backed up by sanctions, to protect their trademark toys. Protecting the legal rights of workers, who are real, living human beings, is of much less concern to Hasbro. In fact, Hasbro and the others much prefer that workers are not afforded enforceable rights. The so-called corporate codes of conduct are really the equivalent of counterfeit knock-offs themselves, undermining the inalienable rights of human beings. We want to ask Hasbro: Why is it that you demand enforceable laws to protect your toys, while refusing to grant the human beings who make them the same legal protections? If Hasbro executives can answer this question, I will profusely apologize to Hasbro and tear our report up into a thousand pieces. On the other hand, if Hasbro’s executives remain stone silent, hiding behind their purposefully ineffective voluntary codes of conduct, we will know they are deep into their scam.
Nothing will change in the global sweatshop economy until workers are guaranteed access to the enforceable labor rights protections that are afforded under internationally recognized labor rights standards窶馬o child labor, no forced labor, freedom of association, the right to organize and form independent unions, the right to bargain collectively and access to decent working conditions. The American people have the right to hold corporations accountable and demand that human beings have at least the same enforceable legal protections as a Hasbro toy. Our economy belongs at least as much to the American people as it does to the corporations. Together, we have the right to remake our economy with a human face.
Company Profiles Jet Fair Industrial Ltd He-Jing Industrial Area He-ping Village, Fu-yong Town Bao-an District, Shenzhen City Guangdong, CHINA Phone: 0755-33806688 Fax: 0755-33670988 Hong Kong funded factory, established in 1993. There are approximately 3,000 workers at Jet Fair, the vast majority of whom are migrant workers from the Guangxi region and Henan Province. The factory hires men and women, between the ages of 16 and 40, with women accounting for over 60 percent of the total workforce. Jet Fair has nine factory buildings with four floors each along with five dormitories. Most of the production at Jet Fair is for well-known toy companies like Hasbro, Wal-Mart and others. It also exports to Japan. Along with toys, the factory also exports electronic products such as electric toothbrushes. Common toys produced at Jet Fair include toy cars, small remote-control airplanes, and robots. The majority of the production for the last several months has been Transformers models for Hasbro.
Hasbro 1027 Newport Avenue Pawtucket, RI 02862 Phone: (401) 431-8697 Fax: (401) 727-5544 Source: Hasbro 2010 Annual Report
Hasbro reported $4 billion in revenue in 2010, with an operating profit of $587 million.
In 2010, Mr. Brian Golden, Hasbro’s president, paid himself $23.15 million. The vast majority of Hasbro’s toys are manufactured in 46 factories in China. In 2011, we tracked at least 39 shipments from the Jet Fair Industrial factory in Shenzhen, China to Hasbro. The popular Transformers toys are a profit source for Hasbro. Transformer sales boosted Hasbro’s profits by 23 percent.
In the second quarter of 2011,
A photo of Hasbro Transformers Prime First Edition Series Bumblebee figure smuggled out of Jet Fair factory in late 2011.
Hasbro’s Christmas Workshop How would you like your daughter or son to work here?
The second floor of Building A is for the Assembly Department. There are approximately 70 workers in each assembly line. In late November 2011, Lines #2 and #4 were producing Transformers Bumblebee Series for Hasbro.
Photos of Hasbro Transformers Bumblebee figure taken on assembly line in late 2011.
Management sets a mandatory production goal of completing 480 Transformers per hour per line. The workers sit at small work benches—which are old, dirty and dusty— with their hands flying to reach their goals. There is very little space, since the work benches are crammed together. The workers cannot even stretch their backs without banging into the desk behind them.
The workers are strictly prohibited from raising their heads to look around. The work pace is very intense and no one is allowed to talk. In many positions, workers do not even have the time to go to the bathroom. When it is busy, which is most of the time, workers are yelled at if they try to go to the toilet. The lucky ones who can use the bathroom have to get permission from the lineman, and surrender their ID badges. Only two people at a time can use the bathroom, and toilet breaks are limited to three or four minutes. Workers describe the work as terribly monotonous, flying through the same motions over and over again, all day long, non-stop. There is not a single break during working hours.
The workers cannot talk, listen to music or use their cell phones. Managers are never satisfied and constantly harass the workers. In effect, each worker must complete 6.86 Hasbro Transformers per hour, or one every 8.75 minutes, for which they are paid just 17.4 cents. In the summer months, the workshop is extremely hot. There is no air conditioning, and the 13 fans per assembly line only manage to push around the steaming hot air. Hasbro has managed to turn the assembly of toys into a mindless, miserable and constantly monotonous yet furious series of hand motions, while being paid below-subsistence wages. Hasbro’s Corporate Code of Conduct reads well. For example, the toy workers at the Jet Fair factory are guaranteed: “Freedom of Association—Hasbro recognizes all employees’ right to choose (or not) to affiliate with a legally sanctioned organization or association without unlawful interference.” The only glitch is that there are no independent unions in China. The Chinese government does not allow it. So Hasbro can whistle away regarding Freedom of Association, but the workers in China have no right to organize a genuine independent union.
Nineteen Years Old and Going Nowhere “I work at the Assembly Department on the second floor of Building A. “It’s really frantic to work on the assembly line. The items keep coming fast. We need to work nonstop, with both hands flying. My back hurts from working too long without getting a break. “Once in a while I lift up my head and I find myself looking into the fierce and swift eyes of those who have nothing to do [i.e. managers]. When they are in a bad mood, they scold us with really filthy language, which I don’t even want to repeat. Lately the manager has been giving me trouble. A defective product was not mine, but the manager blamed me. I’m only 19 years old. I feel like crap when I’m scolded all the time. “I pay for food and living expenses and don’t have any money left at the end of the month. I don’t have money to send back to my parents, and I can’t ask them for money. I hope I can find a better factory.”
Photos of Hasbro Transformers Prime First Edition Series Bumblebee figure taken on assembly lines at Jet Fair in late 2011.
Body Searches Three Times a Day One would not necessarily associate toy making with body searches three times a day. But the Jet Fair workers are body searched when they leave the work shop for lunch, again when they leave the workshop after their shift is over, and again when they leave the factory compound. Factory security guards carry out the searches.
The Pot Calls the Kettle...Spotless Wal-Mart Applauds Hasbro’s Commitment to Corporate Social Responsibility! “Wal-Mart applauds Hasbro’s long-term commitment and accomplishments in corporate social responsibility,” said Laura Phillips, Wal-Mart’s senior vice president of Toys and Seasonal Merchandising. “As Hasbro builds upon its industry leadership position in environmental sustainability and product safety, we are hopeful that industry players will adopt similar ambitious goals.” Dec. 8, 2011
Pawtucket, R.I. Hasbro Press Release
Tell This to Chinese Sweatshop Workers at Jet Fair “Transformers characters like Optimus Prime inspire us to be adaptable in the face of new challenges... and diligent in our quest to conquer the evil Decepticons!” ─Hasbro
“We are Drenched in Sweat.” ─104 degrees─ “I’ve worked at this department [pressing] since I started. It’s been two years.” When asked by an interviewer, “Is it hot in the summer?” she responded: “What do you think? There are so many machines, melting plastic, all throwing off such high temperatures all in one workshop. It is very hot in summer. It often gets to over 40 degrees Celsius [over 104 F]. We are drenched in sweat. Our clothes get wet. There are fans, but the temperature is just too high. The fans don’t help. There is also lots of noise, but there is no protective gear to cover our ears.” ─Hasbro worker
Source: Hasbro Corporate Social Responsibility
This Customs information for a shipment to Hasbro from Jet Fair factory of December 1, 2011 indicates that Jet Fair was producing Hasbro Ultimate Optimus Prime figures for Hasbro, sold by Wal-Mart and other retailers.
Shipper Jet Fair Industrial Ltd. He Jing Industrial Estate Block 21, Qiao He Road Shenzhen, 44 518103 People’s Republic of China Shipment Detail Country of Origin: China Port of Departure: Yantian Port of Arrival: Savannah U.S. Destination: Savannah Arrival Date: 12/01/2011 Commodity Description Container: TCNU7212774
Consignee Hasbro Inc. 1020 SH Morgan Parkway Pooler, GA 31322 U.S.A. ATTN: Warehouse Manager Estimated value: Weight: TEUs: Quantity: Carrier:
$67,324.14 12,408.00 KG 3.96 4,182.00 CTN MITSUI OSK LINE
Quantity:
2652
4182 CTN SHIPPING UNITS 1 - 45 96 DRY CONTAINER(S) SAID TO CONTAIN CONTAINER TEMU8013400 SEAL 055291A 3060.0 PC 1530 CTN HTS 95030000 PLASTIC TOYS ITEM NO. 287487220 US HTS CODE 9503.00.0073 P.O. NO. 451044358 TRA MV3 ULTIMATE OPTIMUS PRIME HUB SHIP TO CODE 990921 QTY 3060PCS / 1-1530CTNS SHIPPING UNITS 1 - 40 96 DRY CONTAINER(S) SAID TO CONTAIN CONTAINER TCNU7212774 SEAL 055292A 18512.0 PC 2314 CTN 676.0 PC 338 CTN HTS 95030000 PLASTIC TOYS P.O. NO. 451037303 ITEM NO. 98452942F TRA DELUXE GENERATION ASST US HTS CODE 9503.00.0073 SHIP TO CODE 990921 QTY 18512PCS / 1-2314CTNS PLASTIC TOYS P.O. NO. 451044358 ITEM NO. 287487220 TRA MV3 ULTIMATE OPTIMUS PRIME HUB US HTS CODE 9503.00.0073 SHIP TO CODE 990921 QTY 676PCS / 1-338CTNS VENDOR CODE ZC-1063TM SHIP TO CODE 990921 ACCORDING TO SHIPPER, "THIS SHIPMENT CONTAINS NO WOOD PACKAGING MATERIAL" CARRIER HAS NOT VERIFIED THIS INFORMATION.PLEASE REFER TO THE APPROPRIATE CERTIFICATION FOR DETAILS. SC NO.8023898A11 Container:
TEMU8013400
Quantity:
1530
4182 CTN SHIPPING UNITS 1 - 45 96 DRY CONTAINER(S) SAID TO CONTAIN CONTAINER TEMU8013400 SEAL 055291A 3060.0 PC 1530 CTN HTS 95030000 PLASTIC TOYS ITEM NO. 287487220 US HTS CODE 9503.00.0073 P.O. NO. 451044358 TRA MV3 ULTIMATE OPTIMUS PRIME HUB SHIP TO CODE 990921 QTY 3060PCS / 1-1530CTNS SHIPPING UNITS 1 - 40 96 DRY CONTAINER(S) SAID TO CONTAIN CONTAINER TCNU7212774 SEAL 055292A 18512.0 PC 2314 CTN 676.0 PC 338 CTN HTS 95030000 PLASTIC TOYS P.O. NO. 451037303 ITEM NO. 98452942F TRA DELUXE GENERATION ASST US HTS CODE 9503.00.0073 SHIP TO CODE 990921 QTY 18512PCS / 1-2314CTNS PLASTIC TOYS P.O. NO. 451044358 ITEM NO. 287487220 TRA MV3 ULTIMATE OPTIMUS PRIME HUB US HTS CODE 9503.00.0073 SHIP TO CODE 990921 QTY 676PCS / 1-338CTNS VENDOR CODE ZC-1063TM SHIP TO CODE 990921 ACCORDING TO SHIPPER, "THIS SHIPMENT CONTAINS NO WOOD PACKAGING MATERIAL" CARRIER HAS NOT VERIFIED THIS INFORMATION.PLEASE REFER TO THE APPROPRIATE CERTIFICATION FOR DETAILS. SC NO.8023898A11
Filthy, Rat-infested Dorms; Workers Tortured by Bed Bugs
The company dorms are filthy, overcrowded and unhealthy. Twelve workers share each dorm room, sleeping on six narrow bunk beds. There are 31 rooms on each floor, housing 186 people. Trash is strewn everywhere in the hallways, which are infested with rats. The workers often bring food back from the cafeteria, but if it is too horrible to eat, they throw the leftovers in the trash bins in the hallways. The bottom halves of the bathroom doors are rotten, as are some of the dorm room doors. In the summer, the dorms are stiflingly hot. Each room has two fans, which provide little if any relief. The rooms are so damp and humid that when the workers wash their clothing and hang it up in the dorm, it takes at least two full days to dry. The dorms are infested with bedbugs, which torture the workers. But the company has done nothing to address and correct the infestation.
Interviewer:
“Why do you have so many bug bites?”
Young woman:
“Those are from bed bugs in the dorm while I try to sleep at night. They are like lice on a cow.”
Interviewer:
“Are there many?”
Young woman:
“At lot! The bed bug bites are still there, and I got more. They are very itchy. I can’t stand the itchiness. I can’t sleep at night and I’m tired at work the next day. I bought all sorts of medicine, but it didn’t work.
Theft is also common in the dorms. Many workers report having their personal belongings stolen, including money and even fruit, cups of noodles and detergent. Security guards at the dorms are no help and may even be the ones stealing the workers’ few possessions. Workers pay 85 RMB ($13.36) per month in dorm utility costs.
Workers Are Trapped in the Filthy Dorms
An interviewer asked a young woman worker, why didn’t she move out of the filthy and infested dorm? Young woman Hasbro worker: “I want to. That way there wouldn’t be any more bed bug bites. But living outside would cost at least 300-350 RMB ($47.16-$55.02) including utilities. I don’t care much about food, but it would still cost 400 RMB in total ($62.87). Fifty ($7.86) for phone service, 50 RMB ($7.86) for internet, 100 RMB ($15.72) for snacks and fruit, and 200 RMB ($31.44) for clothes. That’s 1,200 RMB ($188.63) in total. I only make 1,300 RMB ($204.34) a month, and if I meet with some friends, then I won’t have any money left. I can’t afford the rent.”
Factory Cafeteria “The food is pretty much like swine feed.” -Hasbro worker
The workers’ cafeteria is located on the first and second floors in Building C. Workers cue up to receive their food on the first floor, then carry it up to the second floor to eat. The workers are unanimous in stating that the food is “horrible” and “appalling.” One worker summed up the quality of the food as follows: “The food is pretty much like swine feed.” For breakfast, the workers are served rice vermicelli in a thin, watery soup, without oil, from a huge caldron. The food is not only bad, but it is not filling. The workers have to wait at least five hours before they get a break for lunch. Lunch is almost always the same, two vegetables (one of which is always cabbage), served with thin egg soup. Again, the portions are very small and there is no oil. Dinner is as bad as lunch. It is only on Mondays and Fridays, twice a week, that the workers can eat fish. There is never any special food, even for national holidays. Workers told our interviewers that they can only dream of having a chicken drumstick to eat. The workers have to pay 195 RMB ($30.65) per month to eat in the company cafeteria.
100+ Degree Temperatures In the Pressing and Smelting Departments, temperatures can become unbearably high in the summer. On the first floor in Building E, there are 76 plastic injection molding machines which throw off a huge amount of heat. Temperatures in summer can reach 100-plus degrees Fahrenheit. Ceiling fans just blow around the stagnant hot air.
Spray Paint Department In the Spray Paint Department, workers believe they are exposed to large amounts of solvents which can cause harm. The company distributes cheap respiratory masks, but it is so extremely hot in the summer that the workers cannot stand to wear them.
Workers Concerned about Electronic Workshop in Building B The Electronics Department is located on the third floor of Building B. Most of the job positions require soldering tin. The workers are concerned that the solder may be contaminated with lead, which could be extremely harmful. To date, management has taken no preventive measures to guarantee the workers are not being exposed to dangerous metals.
Hours: 70-plus Hours a Week During the five-month peak season—July, August, September, October and part of November—the workers routinely put in 12-hour shifts from 7:50 a.m. to 8:00 p.m., seven days a week. The standard shift is from 7:50 a.m. to 8:00 p.m., with an hour break for lunch. (The workers are compelled to begin their shift ten minutes early, at 7:50 a.m., for which they are not paid.) The workers receive a one-hour lunch break from 1:15 to 2:15 p.m. Monday through Saturday, the workers toil 11 hours a day, and then put in at least five hours on Sunday. The peak season norm is to work at least 71 hours a week, and 308 hours a month. This includes 31 hours a week of overtime, which exceeds China’s legal limit on overtime by 273 percent! The slow season is December through June, when there is very little overtime, which also means the workers are earning just the bare-bones subsistence level wage. The only way workers can save money is to work overtime. The standard shift is 6.7 hours a day, six days a week, which comes to 40 hours a week and 173.16 hours a month. (The International Council of Toy Industries (ICTI) Care program has determined that a “6-day workweek model” is legal in China.) Workers who are single are unable to save money. Married couples who are both working can save an average of about 200 RMB ($31.44) a month if they are very economical and thrifty, squeezing every penny. In the course of a year, a couple can save around $377—or $188.63 each. In three years, with both of them working, they might be able to save $1,131. For years, all overtime was mandatory at the Jet Fair factory. It was only in 2011 that workers could request to be excused from overtime work. If the supervisor agreed, the worker could take off. If not, she had to work.
Could Newt Gingrich Be Lobbying Hasbro? .
Hasbro is also exploring the benefits of gainfully employing 14 and 15-year-olds to make their toys in developing countries. According to Hasbro’s “Global Business Ethics Principles”: “Workers under sixteen may be considered on a case-by-case basis when hired in accord with International Labor Organization (ILO) Convention 138.” It was only a short while ago that presidential candidate Gingrich suggested that high school janitors should be fired so young students could pick up mops and start learning the work ethic
Hasbro Supplier in Blatant Violation of Even China’s Weak Labor Laws Jet Fair factory management ignores China’s Labor Code.
Workers paid late: Workers sign a labor contract which stipulates that they will be paid on the seventh of every month. But the actual payday is always after the 17th. (By law, workers are to be paid once a month and must receive their wages within the first week of the following month.)
No fire drills, and some emergency exits are locked: The factory does not conduct fire drills in the workshops or in the dormitories. Some emergency exits are locked—for example, on the second floor of Building A, in the middle of the floor. Nor have the workers been trained in how to operate the fire hydrants or fire extinguishers.
Management refuses to pay the legal severance pay: Any worker who has been employed for at least one year at the factory is due one month’s severance pay if the worker is terminated by management. (A common practice is to terminate workers on false charges.)
By law, the workers have the right to: -Paid sick leave -Denied by management -Paid maternity leave -Denied by management -Paid marriage leave -Denied by management -Paid funeral leave -Denied by management
Cheated of vacation pay: Workers who have been at the factory for over one year are eligible by law to receive five paid vacation days. But no one ever receives them.
Shortchanged on Medical and Social Security Insurance: Jet Fair factory management purchases medical insurance only for some of its employees, and deducts 4 RMB (63 cents) every month from their pay.
Management ignores other legally required Social Security programs. Hasbro worker: “The contract says all workers shall join the social insurance programs. However, the company deducts 4 RMB (63 cents) for medical insurance while we do not get insurance cards. The company told us to apply for a card ourselves, but nobody knows where to apply for one. So many employees do not have an insurance card.”
Words Are One Thing. Reality Is Another. “We strive to conduct business throughout our supply chain in accordance with the highest ethical standards. As a values-based company with a strong family heritage, we value the safety, wellness and dignity of every worker. We work closely with our third party factories and licensee factories to ensure that all Hasbro products are manufactured in safe and healthy environments that respect workers’ rights. We require factories to be monitored to verify compliance in areas such as proper wage payments, health and safety, and the absence of child or forced labor. Hasbro teams in China, Hong Kong, the U.K., and the U.S. work directly on our global manufacturing ethics program, led by the Senior Vice President of Quality Assurance, a key member of our Corporate Social Responsibility (CSR) Committee.” (Source: Hasbro Corporate Social Responsibility)
How to Cheat Workers
Management relies on “Strategy 101” to trap and cheat the workers. When work orders slow down—for example when the Christmas rush is over—management has to find a way to fire hundreds of workers, while at the same time cheating them of any legal severance pay they are due. Under China’s labor laws, any worker who has worked at least one year is legally due a severance pay of one month for each year worked. Conveniently, the company has never distributed information regarding factory regulations for employees. Nothing is posted on factory bulletin boards regarding these rules. When management needs to fire hundreds of workers without paying any legal severance, they accuse the workers of not wearing their identification badges or their proper uniforms. Male workers can be fired for having long hair. Women may be terminated for wearing skirts. Workers who ride bikes into the factory compound can be canned. Each year, hundreds of workers are fired without compensation for violating factory rules no one has ever heard of. Workers who refuse to be duped and treated like fools, who demand to be paid at least their legal severance, can find themselves taken to a room where they are beaten by security guards. The offending workers are then fired without any of the benefits due them for the crime of fighting. Such beatings of workers by security guards were common for years. It has only been in this year, 2011, that physical assaults have diminished in frequency. But some beatings still take place. Another way to get rid of pesky workers is to transfer them to the Spray Paint Department which, according to the workers, is the most dangerous and difficult job—and when they refuse, management fires them without compensation. This violates China’s Labor Contract Law, Article 87, that employers must pay severance when workers are dismissed.
Phony Government Union Does Nothing Workers know nothing about the “union.” It does not function and means less than zero to the workers. The overwhelming majority of workers are naive and innocent, knowing nothing about the legal rights they supposedly have. There is no training or education at the factory regarding worker rights.
According to this chart of organizational structure at Jet Fair Industrial Ltd., the company has a “Union Committee” of five committee members and over 4,000 employees, an “Employee Committee” of seven committee members and over 2,500 female employees and a “Communist Youth League of China Local Committee”.
“China’s Labor Law Is “Merely a Formality. It is Just for Controlling Workers, While Companies Can Always Find Excuses to Avoid the Law.”
Interviewer:
“How did you get here?
Worker (young man):
“I wanted to intern at an electronics factory but didn’t find any. I saw a hiring banner at this company. Two thousand six hundred RMB ($408.69) per month and up is okay as a wage. New Year is coming. And I heard that toy factories are fun and less tiring. So I ended up here.”
Interviewer:
“What do you think after you started here? Is your pay that high? Are working and living conditions and wages better than those of the factory you interned at?”
Worker:
“So much worse! Here employees basically get around 1500 RMB ($236 a month). Accommodations and food are not covered, and the food is awful. There are just two vegetables for every meal, and no meat at all. We have cabbage for almost every single meal. Either cabbage or white radish, with no oil in the dishes and the portion is so small. We hardly feel full. And there are no recreational areas, no library or cultural or educational places. We can only go back to the dorm after work. And the dorms are unsanitary.
Interviewer:
“Do you think the implementation of the Labor Contract Law [in 2008] helps the workers?
Worker:
“I heard that the Labor Contract Law makes things better for workers, but factories do not enforce it.”
Interviewer:
“Does the company sign labor contracts with the workers?”
Worker:
“Yes. I applied on one day and the following day at 8:00 a.m. in the morning, they brought me to the training room to sign it. A recruiter told all the applicants that we should write whatever he said. After we filled out the contract, we started working at our new positions alongside senior workers. I feel like signing this contract doesn’t do much. The contract says payday is the 7th of every month, but the actual payday is after the 17th. The contract says all workers shall join the social insurance program. But the company deducts four RMB [63 cents] for medical insurance, while we do not get insurance cards. The company told us to apply for a card ourselves, but nobody knows where to go to apply for one. So many employees do not have an insurance card. “About the labor law, most of the people know nothing about it and don’t know how to defend our rights. The law is merely a formality. It’s just for controlling the workers, while companies can always find excuses to avoid the law.” One day off for every seven days. Complementary time for work hours on Sundays.
Recruitment referral fee is strictly prohibited in this factory. Employees who have paid referral fee can file a complaint to workshop directors or managers.
Overtime is all voluntary. Those who wish to opt out from overtime can fill out a notice form to their linemen.
11 days of national holidays in a year.
Photography is not allowed in workshops. Violations will be investigated.
According to Labor Law, employees who want to resign can get a resignation form from and apply to directors one month in advance.
Wages $1.18 an hour and $204.34 a month The base wage is 1,300 RMB a month, or $204.34. Base Wage (1,300 RMB per month) $ 1.18 per hour $ 47.16 a week (40 hours) $ 207.34 a month $ 2,452.14 a year Overtime is paid at 150 percent of the base wage, or $1.80 an hour. Overtime on Sunday is not paid as double time. When workers toil on Sunday, they are not paid, but can instead take comp time, which is not legal. It is unheard of in China, but workers at the Jet Fair factory are paid just the minimum wage. All other factories pay several bonuses, such as a full-attendance bonus, a stipend to work the night shift, a seniority award, or a position stipend for those who work in dangerous or unhealthy conditions, such as in a spray paint department or in smelting and soldering departments. The single benefit provided at Jet Fair is that employees who have worked over a year receive a 300 RMB ($47.16) stipend. After deductions for food (195 RMB, or $30.65); dorm utilities (85 RMB, or $13.36) and medical insurance (4 RMB, or $0.63), the workers have a take-home wage of 1,016 RMB ($159.70) per month, which amounts to $36.85 a week and 92 cents an hour. The Consumer Price Index (CPI) in China is averaging around six percent, which is definitely eating into any nominal wage gains. (In the U.S., the CPI for urban consumers is around 3.5 percent.) One worker told us: “Although the minimum wage increases every year, it definitely does not catch up with the increase in the cost of living. Factories in Guangdong seem to always pay workers according to the minimum wage. We can only maintain a minimum basic standard of living. I’m afraid I’ll never make a decent living in my life!”
A pay stub of November 2011 smuggled out of the Jet Fair factory.
The Longer You Work, the Worse It Gets! Ms. “X” is considered a senior employee at the Jet Fair factory. She started working at the factory in March 2006, and has now been at the factory for five-and-a-half years. In these five-and-a-half years of work, her life has only gotten worse. She started out working on the assembly line, but since she is nearing her forties, management knew they could switch her to the most hated job in the factory—the spray paint department. Everyone knows it is hazardous to constantly breathe in the paint fumes. Her husband works and lives on a primitive construction site. Ms. X visits him once a week on Saturday afternoon. They splurge and spend $1.73 to $1.88 to buy some inexpensive meat to make a soup. They have a small cooking pot. The other six days, Ms. X stays in the dorm. After work, she sits in the dorm and knits. She is very frugal, as she and her husband save whatever money they earn to send to their son.
Interviewer:
“Do you get seniority rights?”
Ms. X:
“No. I’ve worked here for so many years. I get nothing but 300 RMB [$47.16] bonus each year. Nothing else. I get paid the same as a new worker. Just 1,300 RMB [$204.34 a month]. There is nothing I can do. I’m old, so it’s hard to get a job. My son is still in school. I would like to stop working in a foreign city and suffering so much.”
In China, everyone knows that if you work in the export factories producing for the U.S. or Europe, you will be worn out by the time you are 40 years old.
What Hasbro Says May Not Be What Hasbro Does
“We have a deep-rooted commitment to treating our employees humanely and with dignity and respect. We promote the same virtues for factory personnel at our third party and licensee factories. The Hasbro Code of Conduct, Hasbro Global Business Ethics Principles and International Council of Toy Industries (ICTI) Code of Business Practices guide our ethical processes in both our owned and non-owned manufacturing facilities.” “We treat employees with dignity and respect, and we expect the same of our vendors.” “Hasbro’s deep commitment to corporate social responsibility (CSR) reflects our desire to play a part in building a safe and sustainable world for future generations.” “Health and Safety – Facilities shall ensure that all employees have a healthy and safe environment, including in dormitories, where provided.” “Abuse: Discrimination – Facility employees shall be treated with dignity and respect.” “Freedom of Association – Hasbro recognizes all employees’ right to choose (or not) to affiliate with legally sanctioned organizations or associations without unlawful interference.” “Monitoring – Hasbro shall have the right to conduct periodic on-site visits of working and living conditions, including audits of production records and practices? of wage, hour and payroll information maintained by facilities, to review and ensure compliance with these principles.”
A carton label instruction of an order for toy race cars.
#320960450/CPG series race car version (English version) carton label Material: K3A Measurement: 14*11 ¼ * 7 ¾ (L*W*H outside) This is production measurement. Printing: 3C (black GCMI 90 /PMS Black + purplish red GCMI 49 / PMS PURPLE+804Orange) Code: 00653569621652 Packing: (8pcs/CTN) 32144 / 33291 = 5:3 Date: 2011-3-22 Addition information for carton label (1) “This end up” and the arrow in the front and back carton label should be black. (2) Each side has white characters with purplish red background. TOYS (3) Each side has white characters with black background. ACTION FIGURES Name of the product “TRA MV3 DELUXE ASST” should be purplish red.
Photo of a cancelled order smuggled out of the Jet Fair factory in August 2011. The order was for “Newborn series three-inone deluxe�, to be shipped to Hasbro Inc. in the U.S. See next page for translation.
[Translation]
JET FAIR INDUSTRIAL, LTD. Shipping Order TO: FROM: CC:
[NAMES] PAKRICK NG JUTCHISON LOGISTICS
Shipping Notice Number: 111331 Client PO NO.: 0458058153 (0451034544)
1.
DATE: 8/5/2011
Please process commodity inspection ASAP.
Client: TOMY Commodity Report: Commodity inspection
Product Name and Number
Quantity
Quantity (PCS)
Quantity of Boxes
Each box (N.W)
Each box (G.W.)
Each box (CBM)
379720000 Newborn series three-in-one deluxe (English)
4
4260
1065
2
2.51
0.0389
Destination: U.S.A. “HASBRO brand”
Total
4,260
1,065
2,130
2,673
Total Measurement (CBM) 41.375
2. 3.
Carton label: **See the attached for carton label** To: Huang, Jian-Chang Upon client’s request, please hand over the attached COC certificate to the driver when loading shipments. (Please contact Patrick if you do not receive the attachment.)
1) Booking No.: LINE-CHO2) S.S.: A VESSEL CLSG: 15 AUG 2011 SHIPPING WINDOW: 15 AUG 2011 ****to NVO storage Ltd. [address]
A certificate issued by the client is required for item 379720000. Please contact me to confirm whether the certificated is included after loading and before closing the doors.
Shipping method: LCL [less than container load) Container count and measurement: Shipper: HUTCHISON LOGISTICS Shipping Date: 8/15/2011
TEL: (755) 2520-0658 / FAX: (755) 2520-1042
Arrival time: Departure port:
08:00 AM Yantian
41.38
Institute for Global Labour and Human Rights (formerly National Labor Committee) 5 Gateway Center, 6th Floor, Pittsburgh, PA 15222, U.S.A. Office +1 412.562.2406 | Fax +1 412.562.2411 inbox@glhr.org | www.globallabourrights.org