Complaints > Bangladesh > Takko Holding GmbH, Complaint 380

Bangladesh - Takko Holding GmbH, Complaint 380

Status
Resolved
Country
Bangladesh
Date
01/21/2018
Complaint ID
380
Member involved
Takko Holding
Filing party
Worker
Filed against
Factory management
Grounded
Yes

The case

On 21 January 2018, FWF complaints handler in Bangladesh received a complaint from a worker who was employed as a Sewing Supervisor in a factory that had produced for Takko for two years. According to the complainant, the factory had been closed for 14 days due to lack of orders. When the factory re-opened, the complainant arrived late due to travel delays from his/her village to the factory. As a result, the factory management denied the complainant to continue working at the factory. Management asked the complainant to return home, but reassured him/her that they would call back the next day. After 15 days, the complainant phoned FWF because he/she had still not heard from the factory. The complainant felt frustrated and was no longer interested in working at the factory. With the help of FWF, the complainant wants the factory to pay his/her dues.

Findings and conclusions

On 21 January 2018, FWF complaints handler in Bangladesh received a complaint from a worker who was employed as a Sewing Supervisor for two years in a factory that had produced for Takko. According to the complainant, the factory was closed for 14 days due to lack of orders. On the opening day, after a 2-week closure, the complainant arrived late at work, due to travel delays from his/her village to the factory. As a result, the factory management denied the worker to continue working at the factory. Management asked him/her to return home, but reassured to call him/her back the next day. After 15 days, the complainant phoned FWF because he/she had still not heard back from the factory. The complainant felt frustrated and was no longer interested in working at the factory. Rather, he/she wanted to get his/her dues with the help of FWF. FWF declared this complaint admissible and, as there is an anti-harassment committee present in the factory, wanted to attempt to solve the issue through the factory's internal grievance system.
FWF staff visited the factory on 25 February 2018 to look at the administrative files and talk to management. In accordance with the relevant laws, FWF calculated that the complainant deserved BDT 42,000. FWF requested the factory management to pay ther amount. Management agreed to inform FWF regarding the issue within 7 days. On 4 March 2018, FWF asked the factory management for an update on the issue. Management confirmed that they paid the total amount of dues to the complainant, through the factory’s adviser, on 28 February 2018. Shortly after this, the Factory's Adviser phoned FWF complaints Handler to say that part of the settlement had been paid to the complainant, while the remaining amount would be paid after his/her from abroad. The factory's adviser also requested FWF to inform the factory that the issue had been settled. FWF cross checked with the complainant, who denied to have received any dues from the Adviser. That same evening, on behalf of the factory's adviser, a person asked FWF complaint handler, in a threatening manner, whether he/she had informed the factory regarding the settlement and also threatened not to go to the Labour Court.

Takko immediately contacted the supplier, who confirmed that they would make sure that no threats would be made against FWF staff. The factory also informed Takko that the factory was prepared to pay the due salary/settlement, which, in agreement with the complainant, amounted to BDT 30,000. On 16 March, in the presence of the agent, FWF and Takko local staff, the factory management provided the complainant with the agreed settlement amount. The complainant was satisfied with the received settlement and expressed his/her appreciation for the successful resolution of the complaint.
See details

Overview of the complaint investigation

02/25/2018 Investigation

As there is an Anti-Harassment Committee at the factory, on 25 February 2018, FWF staff visited the factory regarding the issue. After seeing the administrative files and talking to the factory management, FWF confirmed the authenticity of the complaint. However, factory management stated that the complainant was unreachable though management phoned him/her repeatedly.

In accordance with the relevant laws, FWF calculated that the complainant should receive BDT TK 42,000 as his/her dues for salary, earned leave, and provident fund. FWF requested the factory management to pay the amount. Management agreed to inform FWF regarding the issue within 7 days.

03/04/2018 Conclusion of the investigation

On 4 March 2018, FWF contacted the factory management and asked for an update on the issue. Management confirmed that they had paid the total amount owned to the complainant on 28 February 2018 through the factory’s adviser. Management indicated that the adviser is the President of the National Garment Workers League.

Shortly after this, the factory's adviser phoned FWF's complaints handler to say that she/he paid BDT TK 19,000 of the total dues to the complainant and that the remaining BDT TK 26,000 would be paid after his/her return from abroad. He/she also requested FWF to inform the factory that the issue was settled. FWF cross checked with the complainant, who denied to have received any dues from the adviser.

Later that evening, on behalf of the factory's adviser, a person asked FWF's complaint handler in a threatening manner whether he/she had informed the factory regarding the settlement and also threatened not to go to the Labour Court. The same person called the complaints handler two more times that night but he/she did not reply. After investigating further, FWF came to know that the adviser is a government supported union leader, who (reportedly) is receiving money from different factories by name of redress of worker complaints, but does not pay any money to the workers.

As there is an AHC, FWF first wanted to solve this issue through the internal system. However, given the recent developments, FWF requested Takko to contact the factory management about this issue. Also, it was made clear that no retaliation or threatening of FWF staff would be accepted and that the complainant should receive his/her dues.

03/12/2018 Remediation

Takko immediately contacted the supplier, who confirmed that they would make sure that no threats would be made against FWF staff. The factory also informed Takko that the factory was prepared to pay the due salary/settlement on any working day. The factory indicated that the complainant could go to the factory to collect the payment, and suggested that FWF accompanied the complainant. Furthermore, Takko's agent offered to join as well as Takko's local staff. However, there was some disagreement on the exact settlement amount to be paid, as the worker was absent from work without authorisation for some days and a deduction of two-months severance pay was calculated.

03/16/2018 Verification

Following the suggestion of FWF on 15 March, and in agreement with the complainant, a settlement amount of BDT 30,000 was proposed. It was agreed to meet the following day at the office of the agent. Subsequently, on 16 March, in the presence of the agent, FWF and Takko's local staff, the factory management provided the complainant with the agreed settlement amount.

03/16/2018 Evaluation of the complaint

The complainant was satisfied with the received settlement and expressed their appreciation for the successful resolution of the complaint.

02/11/2019 Resolved

Based on the agreed settlement above, this complaint can now be considered resolved.

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