Creating a Sweatfree World    Wal-Mart Campaign

The baggers of Wal-Mart

La Jornada (Mexico)

July 25, 2007

En Español

The baggers, necessary children for the support of thousands of families

By Jesus Ramirez Caves

In the city of Mexico there are about 9 thousand minors that work as baggers/packers in supermarket stores. Of them, two thirds do it in establishments like that of the Wal-Mart chain. The majority come from poor families and contribute to the income of the home. They lack wage, contract and benefits, and only receive gratuities/tips from clients. The majority study and the work affects their scholastic performance. Although authorities and companies ‘have nothing to do with’ the situation, the International Labor Organization considers it an example of child exploitation. An investigation tackles its labor and familiar conditions, as well as the illegal enterprise practices.

Javier is 14 years old, studies 9th grade in high school, but for 12 months he has been working as a bagger in the Wal-Mart store in Plaza Oriente, by Iztapalapa. His father does not live in his house and his mother lost her job, so like his older brother, he studies and works to maintain their home.

His it is not a very common case. Javier is granted a scholarship for his good qualifications and practices Tae Kwon Do, which is why he is occupied all day. In the morning he goes to school, leaves, returns to the house to change and to put on his work uniform. From two to five in the afternoon he strives in the store, and then goes to train karate. After having supper, he does his homework until well into the night.

In each bagger's youth there is a story and many similarities. The testimony of Javier forms part of an investigation titled "corporative ethics and practices in Mexico: an approach of the work of the baggers of Wal Mart ", by Ricardo Ramirez, Carmen Zambrano and Iván Zamora, students of Administration at the Independent University Metropolitan Iztapalapa, under the coordination of doctor Eduardo Strained Ibarra.

At twelve years old, Javier helped his mother sell ‘designer’ clothes, but the bad labor conditions made her resign, so both brothers had to enter work, the oldest as an employee in Mc Donald´s and who studies in vocational school.

The adversities have united the family a lot. "The three of us go out, eat together and talk. Sometimes play sports, training in Sport City and my mother runs", comments Javier.

The 600 monthly pesos of his scholarship, he gives to his mother. "I give her a little bit more than what I earn in the store for the expenses and keep some for passages (transportation), scholastic books, equipment or whatever is needed. For that reason I work five hours and when I can I work a double shift". In the store he earns an average of 80 pesos daily, but Saturdays and Sundays it can be up to 200 (on holidays, like his companions, he can obtain up to 300 pesos).

Like many other children, every day Javier changes his uniform from high school to one of black trousers, a white shirt with long sleeves, a necktie, an apron and a cap, which Wal-Mart demands.
The baggers of the supermarkets, better known as carillos, do not have a contract, salary base nor benefits. Some, however, are forced by the company to fulfill formal requirements as if they were employeeds; they cover schedules, they fulfill responsibilities and sometimes they are punished if they infringe on rules.

These children see themselves as "forced" to work at 14 or 15 years old due to the little income of their families, due to poverty. According to the profile which delineates the investigators from interviews with carillos, "they are children of unmarried mothers and when it is a traditional family, the father has an unstable job; in the case of large families there are several that contribute to the income ". These children contribute between 30 and 70% of the cost/expenses of their houses.

The effective legal framework is deficient to regulate the workings of these minors, "allowing the companies take advantage of the life circumstances of these children to use them to their benefit", affirms the investigation.

An agreement between the government of the Federal District (DF) and the National Association of Departmental Stores and Supermarkets (ANTAD), signed in 1999, which tries to protect them, but in action it has failed to fulfill. In the agreement it is mentioned that the work is a "support" so that the minors can continue their studies.

"In spite of this, the baggers/packers children continue to be very vulnerable", says the investigation of the UAM, but when comparing them with other sectors, they are of the few working minors who can count on some legal protection.

The work of the baggers of the supermarket stores is considered by Unicef as one of the activities classified as child exploitation on the part of the companies.

A report of the International Labor Organization calculates that in Mexico 3,5 million children work. "the infantile work is continually tolerated, it is accepted as if natural and to a large extent it is invisible because often it is surrounded by a wall of silence, indifference and apathy", emphasizes the ILO in a document given to the Mexican Senate. In fact, the international organism struggles for the total disappearance/extinction of any type of infantile work.

The International Work Code establishes that the minors will be able to work solely in a family industry, "as long as the work is not injurious for their age, development and education. The infantile work limits the development of the children, its permanence in the educative system and affects their psychological, physical and social growth ".

The International Convention on the Rights of the Child, approved by Unicef in 1989, guarantees the access of children to food, health, education and well-being in general, but by their precarious economic situation, thousands of Mexican families depend on the infantile work.
***
The General Direction of Work and Social Provisions (DGTPS) of the Federal District in the last 5-year period has granted an average of 12 thousand permissions annually to minors between 14 and 15 years, that look to work as baggers in departmental warehouses (about 70 permissions per day). More than half of the children come from poor families who live with a minimum wage, sustaining analysis of the same dependence.

At the present time, there are nine thousand minors as baggers registered in the Federal District data of the DGTPS, near 70% work in stores of the supermarket of the Group Wal-Mart (Sam's Club, Aurrerá Warehouses, Superama and Wal-Mart).

A revealing data is that the income the baggers perceive, 2 thousand one hundred pesos monthly in average (between 60 and 100 pesos daily, up to two minimum wages), are superior to those of many offices practiced by adults. Nevertheless, this is of temporary benefit, since the age limit of the baggers is 16 years old (except in Commercial Mexican and Gigante).

In opposition to the intentions enunciated by the authorities, the work of the baggers/packers moves them away from school and reduces their life opportunities. "the companies do not have any commitment with the children nor with their scholastic performance", indicates the investigation of the UAM.

In order to work like baggers, the DGTPS demands certain requirements: besides being between 14 and 16 years old, they need the permission of their parents and a certificate of studies. The dependency/store applies a very brief psychological and physical examination to the child, according to the actual baggers. In spite of it, the institution has detected five frequent sufferings in these children: cavities, defective dental implantation, visual sufferings, parasitism and escabiasis. In addition, 25% of the children registered low stature and weight, as well as nutritional deficiency.

"Illegal Practice" of Wal-Mart

As an emblem of the globalized economy, Wal-Mart is one of the largest transnational corporations in the world and with a larger number of employees (1,14 million). It is 19th economy of the planet, with an annual income of 300 billion dollars. In addition, it is the largest company of direct sales to consumers in the United States, Canada and Mexico.

In our country it has 694 establishments, of which 323 are in the metropolitan zone of the Valley of Mexico. To a dizzying rate, the chain inaugurates a store every week and has more than 109 thousand employees.

Wal-Mart controls 30% of the market of the supermarket stores in Mexico and almost 6% of the retail sales retail (Wal Mart, 2005).

The practices of the company contradict the enterprise ethics and any social responsibility, "it imposes conditions to the communities where it settles down, to the suppliers, the employees, the competition and even the governments", indicate the investigators of the UAM.

In the case of their workers, "partners" they are called, it is known their labor rights violations, the low wages (26% less than in other similar employment, indicates investigator Silvia Ribeiro). This includes the situation of the baggers.

Their policy of "low prices always", stays until the competitors disappear, once this happens, it elevates the prices "up to 30%", has denounced the ANTAD, of which Wal- Mart retired years ago.

The proliferation of great commercial centers, of supermarkets and department stores has displaced the traditional commerce/stores (in 2002 they closed five thousand small commerce/stores and lost 18 thousand workers).

Wal-Mart began to operate in our country in 1991. Actually, it controls diverse companies that commercialize merchandise (Sam's Club, Aurrerá Warehouses, Wal Mart, Superama, Suburbia) and three chains of restaurants (VIPS, the Inner door, Ragazzi).

Conditions of work

The investigation of the students of UAM was based on interviews to 27 bagger children, the observation of its work and conversations with supervisors of Wal-Mart.

The children who work as baggers must buy the uniform required by the company (when the law forces the companies to provide them without cost) and often work more than the six legally allowed hours (there are three turns of five hours each).

Although the store is forced to give the children half an hour of rest for every half an hour of work, in many cases (33%) work more than 5 continuous hours, depending on the affluence of clients. Almost half recognizes working a double shift will obtain more income.

This work of the UAM documents that "Wal-Mart abuses the infantile work by not giving suitable rests, not allowing them to eat, nor to paying them for extra hours, resorts to illegal practices". "the conditions in which the bagger works are ideal of the policies of Wal-Mart, with the obligation to fulfill a schedule, to use a uniform, but without enjoying a wage, rights nor some protection".

The supermarket stores do not want to recognize a labor relation with the baggers, "because it would elevate the costs", paradoxically one of the requirements that they demand of the children is to present/display a "request to work".

According to the investigation, before "contracting" the children, the companies prefer to ask the clients or the teller to bag products or contracts personnel of greater age than could do other functions. Wal-Mart even tries new technologies that will eliminate even the tellers.

The children do not have vacations and if they miss three days in the month, they terminate them, although they allow them to absent if they have homework from school. When they break merchandise, they have to pay for it.

Profile of the baggers

Laura works to pay her studies in the Conalep, where she studies computer science. Although her mother and her sister work (her father does not live in the house), she gives 300 pesos weekly to her mother, the others use it for the school and their expenses. "If I did not work, I could not study", she clarifies.

She entered the store a year ago but she is on the verge of leaving because she will turn 16 years old, so Laura is thinking to going to the Commercial, where they admit until 18 years old.

The investigators found that in a diminished family, the entrance of a bagger can cover up to 90% of the basic expenses of the home. In the case of unmarried mothers with unclassified jobs, minors go from one precarious work to another, like Joel that has worked since he was eight years old. And most of the work by the parents are informal (retailers, plumbers, cooks, bricklayers).

The baggers/packers, besides covering their basic necessities with their income (shoes, dressed, feeding, transport, student needs), must contribute to the family expenses.

With a flexible schedule in the store, the children must distribute their working time with scholastic tasks, sacrificing week ends and free time, games, coexistence with friends and relatives, and rest.
The rhythms of entrances and exits of work and school make it difficult for them to have suitable schedules to eat, the majority attend the store in the mornings without having breakfast and the afternoons without eating, but they sanction them if they do it [eat] there.

On the other hand, the baggers are forced to study. Although this is verified every six months when they renew their permissions before the authority, nobody supervises their scholastic performance. Wal-Mart demands a minimum of eight in its qualifications, but many (more of 70%) do not fulfill it.

The majority of students are in secondary [high school] (59%) but a third attends the baccalaureate. There is a fifth part that studies in private institutions (the majority in schools patito). The store is promised to give encouragement for the scholastic averages, but these are granted at discretion.

Javier, the scholarship bagger and karate student, listened incredulous to one of his companions telling of the support given last year to those which received their certificate from secondary. "If they got above an eight, they gave 230 pesos to them in bonds, if they were above a nine, they received 400 to them".

"I didn’t know", complained Javier, who in spite of his high qualifications has not received that support. However, he tells of the Day of the Child, where the store gave them food, chicken Kentuky-style, and gave them a ball and a paleta payaso [lollipop], "of those which were left over from the Day of Kings".

On the other hand, Laura indicates: "I left the secondary with an 8,7 average, but they did not give me anything, I knew that they gave bonds to children but I have not seen anything".
The investigation also emphasizes that "an important part of this work is the relation with the clients". Eight of each ten children, "complained of mistreatment, of scorn, lack of friendliness and respect towards them on the part of some clients. They would like that they are treated like children offering a service ".

Another important aspect is that the "coexistence with children of this age is additionally attractive in the store" (mainly, in homes where mistreatment exists), affirm the investigators. When they are distanced of their homes, they see the other bagger, supervisors and tellers as part of their family.

The real thing is that the supervisors of the stores and the clients lose sight of [the fact that they are] dealing with children and treat them as if they were employees.

Are the legal regulations dead letter?

The labor laws and the regulations of child workers sets out to guarantee the well-being of children.

For example, the Agreement of Protection to Minor Bagger in the Federal District that was signed by the ANTAD and the government of the DF on the matter contains commitments, that unfortunately are not fully fulfilled.

The investigators of the UAM have a detailed count of the agreement. They emphasize the breach in many cases of the commitment that the work of empacador [bagger] is "an opportunity to continue studying" and a "support to their studies". "There are no suitable controls to verify that all the empacadores [baggers] continue studying", they indicate. Also they question the application of the plan of incentives to the children with better qualifications to foment their interest in school, that is granted based on the criterion of the supervisors.

In spite of not having a labor relation, the empacadores [baggers] work under a strict labor regime in which lack security and stability. The supervisors apply sanctions and punishments, according to their criteria and preferences, which is why the children do not escape being subject to arbitrary conducts, mistreatment and offenses on the part of supervisors.
***
In agreement with the Constitution, the only obligation that the children have is to attend school, but reality prevails and they must work.

The consequences of studying and working are reflected in the low academic performance, lack of interest to continue studying, reduced time to attend class regularly and to make necessary recreational activities for their development.

"The governments would have to design policies of protection for the minors to help to improve their labor conditions, in such a way that work does not represent an obstacle for their good scholastic performance, but a support for the formation of the children. The companies would have to assume their responsibility ", concludes the study.

The young baggers, like all the children who work, must be supported and protected from the abuses and violations to their fundamental rights. In this aspect, the society has an inescapable obligation.
________________________________________
Mañas of Given Julio

In opposition to which someone might believe, the situation of the baggers in the Mexican chain of stores Commercial is worse than in Wal-Mart. The Mexican company forces them to carry out tasks that correspond to a formal worker like putting in the carts from the parking lot, accommodate merchandise left in boxes, to verify prices and to load heavy packages. If the children or adults do not fulfill these activities they suspend them; if they backslide, they terminate them.

With it the company obtains considerable savings because it is not paying wages.
The baggers of that company complain of mistreatment constantantly on the part of supervisors.

Comer, as it is announced, does not respect the agreement of the ANTAD with the government of DF and accepts baggers of 11 years old and older than 20 years old, that falsify their papers to enter.

The chain provides vests and neckties to the baggers, but it demands that their uniforms be completely impeccable. In addition, it forces the empacadores [baggers] to work more hours than allowed by law, including children who leave at night and work until ten because they must accommodate carts and merchandise.

(With information of the investigation "Analysis of the infantile work", made by Morning call Ortega, Ibán Martinez and Jose Baltazar Martinez, students of the UAM Iztapalapa, advised by doctor Eduardo Strained Ibarra).

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