What should the brands do?

Any company that says it takes working conditions seriously should welcome the formation of a trade union in one of its suppliers, and indeed should set out to encourage it.  The existence of management systems at factory level including trade union recognition agreements, procedures for the avoidance of disputes and regular collective bargaining ought to be a sign to buyers that a framework is in place for achieving compliance with the labour standards contained in their codes of conduct.

Given the atmosphere of fear and the 'divide and rule' tactics of suppliers towards their workforces, workers need to have the confidence to exercise their rights without fear of persecution.  That requires moral support from people they trust, and it needs a strong, positive message from buyers.
It means inviting in local organisations with the confidence of workers, to train both them and managers in their rights and how to exercise them.  It means breaking the atmosphere of fear that prevents workers from organising, and sending a clear message to managers that a collective bargaining agreement is a positive step, even if a newly vocal workforce might resist the unreasonable demands placed on wages and working hours by buyers' expectations.

When the response from a brand on trade union rights is lukewarm, one has to wonder whether this is not because it knows that the prices and lead times it demands from suppliers would not be sustainable if workers were really in a position to object.

There are several things that buyers should consider doing to ensure workers can properly access their trade union rights:

• Make it clear to suppliers that they must not prevent workers from organising.
• Through local labour rights organisations and trade unions, ensure that workers and management are educated about freedom of association and workers' rights.
• Ensure that local trade unions, who are better placed to judge what conditions are like, are involved in supplier audits.
• Make it clear to suppliers that a functioning, effective collective bargaining agreement will count in their favour, not against it.Where applicable, lobby governments to permit and protect freedom of association by law, and in the meantime take steps to FIND alternative means by which workers can organise.

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