Complaints > Myanmar > Vaude Sport GmbH & Co. KG, Complaint 521

Myanmar - Vaude Sport GmbH & Co. KG, Complaint 521

Status
Resolved
Country
Myanmar
Date
09/21/2018
Complaint ID
521
Member involved
Vaude Sport GmbH &; Co KG
Filing party
Worker
Filed against
Factory management
Grounded
Yes

The case

The complainant reported the continuous demands from the factory on overtime during lunch breaks and Sunday. It was indicated that workers, who are responsible for important points, were asked to work during lunch break for three days without receiving any payment. The complainant added that even if they felt sick and wanted to take a rest, the supervisors would wake them up and ask them to work.

Moreover, it was recently announced that the factory required some of the workers to work the coming Sunday. The complainant said that many of the workers did not want to work on Sunday since they only get one day off in a week and they have their own plans. Due to the fact that the workers cannot take a rest well during lunch and are now being asked to work on Sunday, the workers feel very tired. The complainant said that she did not understand at all why they were asked to work a lot of OT’s even when they completed the production targets. They were told by their supervisor that it was because there was an urgent production deadline. However, since the supervisors scold the workers who do not work OT on Sundays, the workers dare not refuse. The supervisors keep saying that everyone must work OT.

Findings and conclusions

On 21 September 2018, FWF received a call to the complaints helpline in Myanmar. The complainant reported about the continuous demands from the factory on overtime during lunch breaks and Sunday. It was indicated that it had been three days that the workers who are responsible for some important points were asked to work during lunch break without being paid. In addition, it was recently announced that the factory required some of the workers to work two consecutive Sundays in a row. The complainant said that many of the workers did not want to work on Sunday. However, since the supervisors scold the workers who do not work OT on Sunday, the workers dare not refuse.

Vaude immediately contacted the factory management and asked for its response. The factory initially denied the allegations responding that overtime is voluntary and workers are free to deny. The factory also indicated that it always requests approval from the local government prior to overtime work. Finally, the factory indicated that rest during break times will be respected.

FWF reviewed the response from the factory management and pointed out that, despite the factory's policy that states that workers can deny overtime, workers do feel pressured to accept overtime work on sundays, as supervisors scold workers that do not want to do overtime. Moreover, FWF reiterated that the complaint is about workers being asked to work overtime during two consecutive Sundays (23rd and 30th Sep, 2018). According to the 2014 amendment of 1951 Leaves and Holiday Act, Article 5 clearly stated that the employers must give one rest day in a week for the workers with full wages.

On 2 October 2018 FWF received a call from the complainant that the factory cancelled the planned overtime for the preceding Sunday. She was satisfied with this outcome and thanked FWF and the brand for their efforts. The complainant, however, suggested that in the future the factory should communicate better to the workers about voluntary overtime and asking for consent, as some workers would like to work more in order to make more money
See details

Overview of the complaint investigation

09/25/2018 Investigation

Vaude immediatety contacted the factory management and requested for a response.

09/27/2018 Investigation

On 27 September, the factory management responded that:
1.OT is voluntary for workers and requires prior approval from the local government;
2. Break times will be granted to workers as rest time;
3. Workers can refuse to work overtime;
4. If workers wish to take rest, they are free to take leave.

The factory management also shared documentation as evidence to support the above mentioned statements.

09/28/2018 Conclusion of the investigation

FWF reviewed the response from the factory management and pointed out that, despite the factory's policy that states that workers can refuse overtime, workers do feel pressured to accept overtime work on Sundays, as supervisors scold workers that do not want to do overtime.

Moreover, FWF reiterated that the complaint is about workers being asked to work overtime during two consecutive Sundays (23rd and 30th Sep, 2018). According to the 2014 amendment of 1951 Leaves and Holiday Act, Article 5 clearly stated that the employers must give one rest day in a week for the workers with full wages.

Furthermore, recent findings of offsite and onsite worker interviews revealed that the factory does not shut down the electricity during the break times and some workers are asked to work by their supervisors during break times.

10/02/2018 Resolved

On 2 October 2018 FWF received a call from the complainant that the factory cancelled the planned overtime for the upcoming Sunday. She was satisfied with this outcome and thanked FWF and the brand for its efforts.

The complainant, however, suggested that in the future the factory should communicate better to the workers about voluntary overtime and asking for consent, as some workers would like to work more in order to make more money

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