Almost all Gap merchandise is made under contract for the company by some 3,000 suppliers' factories that are owned and operated by foreigners in 50 developing countries. One of the toughest issues the company had faced was the lawsuit the company had settled in September 2002.
Almost all Gap merchandise is made under contract for the company by some 3,000 suppliers' factories that are owned and operated by foreigners in 50 developing countries. One of the toughest issues the company had faced was the lawsuit the company had settled in September 2002.
Almost all Gap merchandise is made under contract for the company by some 3,000 suppliers' factories that are owned and operated by foreigners in 50 developing countries. One of the toughest issues the company had faced was the lawsuit the company had settled in September 2002.
Gaps Labor Problem: A Case Analysis In Partial Fulfillment of the Requirements for BUS560M
Submitted by
Ronnell Dy (11484349) Aubrey Famatigan (11483695) Carmi Magno (11485868)
GAPS LABOR PROBLEMS
I. Background of the Case Gap, Inc. is a chain of retail stores that sells casual apparel and shoes and is quartered in San Francisco. Almost all Gap merchandise is made under contract for the company by some 3,000 suppliers factories that are owned and operated by foreigners in 50 developing countries. March 2004 Paul Pressler, president and chief executive officer of Gap over looked a Social Responsibility Report 2004 which described labor problems of the company since 1995 in the factories that supplied its clothes. One of the toughest issues the company had faced was the lawsuit the company had settled in September 2002. The class action law suit that was filed on behalf of the workers on January 1999 when Gap Inc., and 25 other retailers were accused of contracting with sweatshops on the island of Saipan, a U.S protectorate in Southeast Asia. According to the lawsuit, Gap, Inc. violated the human rights of their workers and deceived consumers by stating Made in the U.S.A falsely implying they were made according to U.S labour standards. There is a set of sourcing principles and guidelines as a code of conduct for the Company includes its suppliers had to:
1) Avoid discrimination, 2) Use no forced or prison labour, 3) Employ no children under 14 years of age, 4) Provide a safe working environment for employees, 5) Pay the legal minimum wage or the local industry standard, 6) Meet all applicable local environmental regulations, 7) Allow the employees for their efforts to organize or bargain collectively, 8) Uphold all local laws. Before it signed a contract with a new factory, Gap sent an employee to inspect the factorys conditions and to know had the factory owner sign its code of conduct.
II. Statement of the Problem Is a company like Gap morally responsible for the way its suppliers treat their workers?
III. Objectives of the Case This case aims to: Understand the Rights of the Employees And the Moral Obligations of the Employers
IV. Areas of Consideration a) THE FIRMS DUTIES TO ITS EMPLOYEES WAGES From the employees point of view, wages are the principal means for satisfying the basic economic needs of the worker and the workers family. From the employers point of view, wages are the cost of production that must be kept down lest the product be priced out in the market.
Since every employer faces dilemma on fair wages, there are factors that can be taken into account in determining wages and salaries in most countries: a.1 The going wage in the industry and the area.- The cost of living in the area should be considered. a.2 The firms capabilities. The higher the firms profit the higher it can afford to pay its workers. a.3 The nature of the job Jobs that involves greater health risks, offer less security, require more training of experience, compose heavier physical or emotional burdens, or take greater effort should carry higher levels of compensations. a.4 Minimum wage laws. Minimum wage laws should be respected even if government does not enforce those minimums. a.5 Relation to other Salaries. If the salary structure within an organization is to be fair, workers who do roughly similar works should receive roughly similar salaries. a.6 Fairness of Wage Negotiation. Salaries and wages that result from un-free negotiations in which one sides uses fraud, power, ignorance, deceit, or passion to get its way will rarely be fair. a.7 Local costs of living. The goods and services that a family needs to meet their basic needs differ from one geographical region to another. b) WORKING CONDITIONS: Health and Safety Employers should offer wages that reflect the risk-premiums prevalent in other similar but competitive labor markets, so that workers are adequately compensated for the risk their jobs involve. The employer has the obligation to clearly and explicitly inform workers of the risks, particularly those involve ding health and life, and an obligation to compensate workers for any injuries they sustain. Suitable Insurance Programs both for Health Risks and Disability should take in place for the protection of the workers against unknown hazards.
c) JOB SATISFACTION Three determinants of Job Satisfaction should be considered: Experienced Meaningfulness. The individual must perceive his work as worthwhile or important by some system of values he accepts. Experienced Responsibility. He must believe that he is personally accountable for the outcome of his efforts. Knowledge of results. He must be able to determine, on some regular basis, whether the outcome of his work is satisfactory. The Companys Labour Cases a) El Salvador, Central America b) Honduras c) Philippines d) Saipan, Commonwealth of The Northern Mariana Island (CNMI) e) Lesotho, Africa f) Thailand and Indonesia g) Cambodia
V. Alternative Courses of Action
ANALYSIS OF ALTERNATIVE COURSES OF ACTION ALTERNATIVE COURSE OF ACTIONS (ACA) ADVANTAGE DISADVANTAGE UTILITARIANISM RIGHTS JUSTICE & FAIRNESS ETHICS OF CARE VIRTUE ETHICS 1.Engage an independent investigator on the case and enter into Collective Bargaining Agreement (CBA) with Union Representatives 1. Key stakeholders will be able to get to the bottom of the matter through an independent investigator. Gap could gain back the confidence of the consumers and better approval from the National Labor Relations Committee. 1. Might affect their financial stability that may result to cost cut some of the unnecessary transactions and officers in the organizations. 1 1 5 1 1 2. Gap should EVALUATE their Business Partners ' Salary Standardization considering the seven (7) factors in determining wages and salaries. 1. Will boost morale and enthusiasm to all their workers across developing countries. 1. Will increase the overhead cost. 3 5 2 1 1 2. May promote good image of the company and can strengthen the values and harmony of the workers in all their factories.
3. Workers will be happy and will produce and work efficiently. 3. Provide Suitable Health Insurance and Disability Insurance Programs. 1. All employees will be protected and their families will be ensured of their safety. 1. Will increase their operational cost. 1 5 2 1 1 4. Dis engage the services of Mandarin International and refrain from outsourcing labor- intensive jobs in Third-World countries. 1. Concerns related to unfair labor practices is farfetched since wages and working conditions in the US is regulated. Gap can also lessen the cost 1. Savings in importation will be offset by higher labor cost in the US. Workers in various countries outsourced by Gap will lose jobs and would need to cut ties with their 3 2 1 1 1 of importation. business partners off shores. Families of the lay off employees will be affected.
5. Strengthening Controls and Procedure on Selection of Business Partners to ensure that Gap's Code of Conduct is fully implemented and strictly observed by all its business partners. 1. Will eliminate claims on unhealthy working environment. 1. Might slow down the business engagements since thorough reviews and standards should be observed and evaluated first before contract signing. 2 3 4
5 1 6. Consider to offer a staff house that is conducive and safe for all their foreign workers to uphold safety, respect and mutual care between the owner of the company and the workers. 1. Will response to the Firms duties to the employees to provide and uphold proper treatment of their employees and will be morally responsible and sensitive to their basic needs. 1. Will increase operational cost.
2 3 4 3 2 Total 12 19 18 12 7
VI. Recommendation
We have ranked our alternatives based on Ethical Framework with Five (5) as the highest and one (1) the lowest:
Alternatives Scorecard Alternative 1: 9 Alternative 2: 12 Alternative 3: 10 Alternative 4: 8 Alternative 5: 15 Alternative 6: 14
We therefore recommend to Strengthen Gaps control on selection of their business partners so as to maintain their integrity, their moral obligations to their workers and employees.
Gap should support and push all the owners of factories to pay attention to their workers rights and keep the factories to follow the Gaps code of conduct since; they are morally responsible to their workers. References: Business Ethics Manuel G. Velasquez (Sixth Edition)