Concerning labour standards:
The complainant wishes to terminate his/her long term labour contract with the factory. The complainant had already informed the factory management 45 days in advance of the termination date. According to his/her knowledge, the termination procedure of the factory is: workers have to ask for and receive a factory termination form from their line leader, fill in the form and receive approval from the line leader, supervisor and factory manager. In 2017, the complainant requested the contract termination form many times but claims his/her line leader refused to provide it. On 21 February 2018, the complainant received the contract termination form. He/she has filled in the form and it was approved by the line leader and supervisor that same day. However, the factory manager has not yet approved the termination.
The complainant has asked FWF and the FWF member brands to help him/her to terminate the contract, as he/she has followed the factory procedure and has given the required 45 day notice.
Findings and conclusions
Overview of the complaint investigation
The FWF members informed the supplier of the complaint and received a reply within one week.
03/07/2018 Conclusion of the investigation
Factory management stated the issue was already resolved and the complainant had been allowed to leave the factory. Factory had been struggling with keeping workers and is investigating how it can provide better procedures and incentives for keeping workers during expansion of their business.
Part of the complaint has been remediated during the investigation phase. On 10 April the complainant confirmed she was able to resign from the factory. At the end of May, the complainant informed FWF's complaint handler she has received her social insurance book and the remaining salary on 16 May 2018. However, she had not been paid the severance allowance for the working time served when she did not pay unemployment insurance contributions. She took maternity leave twice (5 months in 2012 and 6 months in 2014). The employee spoke to the HR Manager who replied that there is no severance allowance since January 2009. The employee wishes to continue resolving this case because to receive her severance allowance.
FWF's complaint handler confirmed the employee is entitled to severance allowance according to Vietnam labour law. This issue was found during the last audit at this factory in October 2017 and required the factory to pay severance allowance, including the time spent on maternity leave:
As per Article 14.3 of Decree No. 05/2015/ND-CP, factory should pay severance allowance for probation/apprentice period, maternity leave, and sick leave from 14 days in a month.
17 May: The worker received the social insurance book and the remaining salary on 16 May 2018 but not the severance allowance for the working time served when she did not pay unemployment insurance contributions.
14 July: The complainant informed the complaints handlers she has received the severance allowance (about 1.6 mil VND equivalent 0.5 month of salary).
07/18/2018 Evaluation of the complaint
The complainant has no further complaint and thanks FWF for helping her.
This case is resolved.