ISTANBUL – Earthquake survivors in Malatya, Türkiye, who were dismissed in the aftermath of the deadly disaster that destroyed their homes, successfully challenged their clothing factory to pay them the compensation owed to them by law.
Baykan Denim, a leading denim manufacturer in Malatya, dismissed all workers who had to relocate after the earthquake without providing compensation. While an employer in Türkiye is entitled to unilaterally dismiss a worker who is unable to report to work, Turkish law stipulates that in cases of force majeure, such as an earthquake, the worker should receive severance pay. The company refused to comply, despite the circumstances of most workers, who had to move to other cities or to family members elsewhere after the disaster rendered their homes uninhabitable.
The earthquake on 6 February 2023 in South Eastern Türkiye and Syria resulted in the deaths of over 50,000 people and displaced millions. In response, the government declared a three-month state of emergency, during which layoffs were prohibited. However, workers could still be placed on unpaid leave while receiving a small state subsidy for living costs. Although intended to protect workers’ rights, many employers found ways to circumvent the regulation, among them Baykan Denim.
A group of 28 affected Baykan workers, along with the United Textile, Weaving and Leather Workers’ Union (BİRTEK-SEN) and the Clean Clothes Campaign, reached out to international garment brands sourcing from the company. These brands included the Spanish Inditex Group (Zara, Bershka, etc.), German brand s.Oliver, UK brands Next, Marks & Spencer, and Asda, Scandinavian companies Bestseller (Jack & Jones, Vero Moda, etc.), Gina Tricot, and Varner, as well as the US brand Urban Outfitters.
While most of these brands initially acknowledged that Baykan Denim’s failure to compensate the workers constituted a violation of their corporate standards, many urged the workers to pursue legal action against the manufacturer themselves.
Clean Clothes Campaign claims that the multi-stakeholder initiatives that many of these brands rely on for their corporate social responsibility obligations, such as the Ethical Trading Initiative and the Fair Wear Foundation, also failed to take appropriate action to ensure the workers received compensation.
Eventually, only one company, Inditex, heeded the appeals of the workers and campaigners, taking responsibility to address a human rights violation at a time of extreme vulnerability for workers in its supply chain. In December 2024, Baykan Denim compensated all affected workers who were united under BİRTEK-SEN and had not taken legal action against the company. This month, the company also compensated those who had filed lawsuits, covering both their severance payments and the legal costs incurred in their efforts to claim what was rightfully theirs. In total, the affected workers received 1,136,435.92 TL (close to 32,000 USD). However, 10 remaining workers opted to continue their legal battle against the company.
Although this resolution directly impacted the 28 workers who organised themselves through BİRTEK-SEN, the total number of uncompensated workers from the factory stands at 270.
Bego Demir, coordinator at Clean Clothes Campaign Türkiye, stated: “Eight major brands and two multi-stakeholder initiatives were content to let workers who had just lost their homes and livelihoods fend for themselves, hiding behind national legal processes instead of proactively advocating for these workers. However, this case also demonstrates that a brand willing to uphold its responsibilities can exert significant influence over its supply chain and take meaningful action to protect workers’ rights and address violations.”