Complaints > China > FOND OF GmbH, Complaint 601

China - FOND OF GmbH, Complaint 601

Status
Resolved
Country
China
Date
01/02/2019
Complaint ID
601
Member involved
FOND OF
Filing party
Former worker
Filed against
Factory management
Grounded
Yes

The case

A former worker who mentioned he/she previously served at this factory filed a complaint to FWF on 2 January 2019.
He/she applied for one month of personal leave from 31 October to 30 November 2018 and the application was accepted by the factory. On 2 December 2018, he/she called the factory to request another month of personal leave and this application was not accepted due to the factory's heavy production workload. Thereafter, without permission and authorisation from the factory, the worker did not return to work and continued his/her leave until the end of December 2018.
Once the complainant solved his/her personal problems, he/she called the factory on 2 January 2019 in the hope to return to work. However, the factory informed him/her that he/she had been dismissed due to his/her unauthorised absence, and his/her wages of September 2018 (2430 RMB) and wages of October 2018 (3400 RMB) for a total of 5800 RMB had been deducted by the factory.
The complainant understood that the factory has the right to dismiss him/her without severance due to his/her unauthorised absence. However, he/she complained about not receiving his/her salary of September and October 2018 and hoped FWF could help him/her receive his/her due salary from the factory.

Findings and conclusions

On 2 January 2019, FWF's complaint handler's in China received a complaint from a former worker regarding unfair deduction of wages. He/she applied for one month of personal leave from 31 October to 30 November 2018 and the application was accepted by the factory. On 2 December 2018, he/she called the factory to request another month of personal leave but the request was not accepted due to the factory's heavy production workload. Without permission and authorisation from factory, the worker did not return to work and continued his/her leave due to personal problems until the end of December 2018. On the 2 January 2019, the complainant called the factory to return to work. However, the factory informed him/her that he/she had been dismissed due to the unauthorised absence, and that his/her wages of September 2018 and October 2018 had been deducted. The complainant understood that the factory had the right to dismiss him/her without severance due to his/her unauthorised absence, however, he/she complained about not receiving his/her salary of September and October 2018.
FWF declared this complaint admissible and informed FOND OF, the FWF brand sourcing at this factory.
FOND OF reached out to the factory and they mentioned that the worker had received his/her September salary in January.
The outstanding salary of October had been withheld by the factory. According to the factory management, the worker had foregone his salary for October for not handing in an official leave application. However, there was no documented proof of this. After explaining to the factory management that this was not in line with local regulations, the outstanding wage for October was paid to the worker. Moreover the factory management was made aware of the local regulations of salary payments and termination of contracts to avoid such cases to occur again in the future.
The complainant sent a message to FWF where he/she confirmed to have received the due wages of September and October 2018. He/she also sent payslips with his/her signature as confirmation of the wages. This case is resolved.
See details

Overview of the complaint investigation

01/09/2019 Investigation

FOND OF reached out to the factory where the complaint occurred and mentioned that it is a subcontractor of their direct supplier.

According to the feedback from the factory, the worker received his/her September salary on 7 January. This salary was the outstanding salary of RMB 2344 after deducting a loan of RMB 2000 that the factory gave to the worker on 3 November.

The outstanding salary for October has indeed been withheld by the factory. According to the factory management, the worker had foregone his salary for October for not handing in an official leave application. However, there was no documented proof of this. After explaining to the factory management that this is not in line with local regulations, the outstanding wage for October was paid to the worker.

01/09/2019 Conclusion of the investigation

The factory management has been made aware of the local regulations of salary payments and termination of contracts to avoid such cases to happen in the future.

01/09/2019 Remediation

FOND OF took immediate steps to request the factory to respond to this complaint and the factory remediated the issue by paying the September and October salary to the complainant.

01/09/2019 Verification

The complainant sent messages to FWF confirming that he/she received the due wages of September and October 2018.
The wage of September 2018 paid to him/her was 2334 RMB and the wage of October 2018 was 3417 RMB. He/she also sent payslips with his/her signature for confirmation of the wages for FWF reference.

01/09/2019 Evaluation of the complaint

All wages were paid and confirmed by the complainant.

01/09/2019 Resolved

This complaint was received on 2 January and resolved on the 9 January thanks to the good co-operation between FOND OF and the factory. All wages were paid and confirmed by the complainant. This complaint is resolved.

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