Brief encounter, but no triumph in court

Laid-off factory workers have lost a court case to demand additional severance pay from the swimwear and lingerie giant, Triumph International.

Samut Prakan Labour Court yesterday dismissed the case filed by 274 employees of Triumph International and Body Fashion, Triumph's manufacturing arm, reasoning the workers had already received severance money in accordance with the Labour Protection Act.

Most of the plaintiffs were senior employees among 1,954 workers laid off by the company in August.

The plaintiffs wanted the company to pay additional severance money according to an agreement between Triumph and its labour union made in 1999.

The agreement calls for Triumph International to pay severance packages above that required by the Labour Protection Act if the company decided to lay off workers due to operational restructuring.

Workers that have been with the company for more than six years are also to receive additional severance money equivalent to 20 days at their last rate of pay times the number of years they have worked with the company.

The maximum additional severance money was capped at 360 days' pay.

Samut Prakan Labour Court ruled that Triumph International had laid off all 1,954 workers because it had suffered financial loss. For this reason, the agreement on additional severance money did not apply.

Sorasat Namuangrak, the workers' lawyer, said they would appeal the case to the Supreme Labour Court, arguing that the 1999 severance agreement did cover other lay-off situations.

Boonrawd Saiwong, secretary-general of the Triumph Labour Union, said workers would continue to fight for their rights by submitting a petition to the company's headquarters, demanding it hold talks with the union's representative.

The laid-off workers will also produce and sell underwear products under the "Try Arm" brand, with the prices much cheaper than Triumph products in a bid to promote the workers' struggle.