Complaints > Vietnam > Vaude Sport GmbH & Co. KG, Complaint 679

Vietnam - Vaude Sport GmbH & Co. KG, Complaint 679

Status
Resolved
Country
Vietnam
Date
12/20/2018
Complaint ID
679
Member involved
Vaude Sport GmbH &; Co KG
Filing party
Group of factory workers
Filed against
Supervisor, Factory management
Grounded
Yes

The case

A factory worker called FWF's helpline to complain about his/her termination not being approved in December 2018. He/she said that he/she had handed his/her termination letter to the line leader about two months before but the factory did not approve his/her termination. He/she has worked at the factory for more than seven years. The complainant wanted FWF to help him/her terminate his/her contract legally. He/she said that he/she could submit a new termination letter, but expected the factory to approve it this time and provide a copy of the approval. The complaints handler advised him/her to submit a new termination letter directly to HR as well as by post. Around 23 December 2018, the complainant resubmitted his/her termination letter as advised by FWF. After receiving his/her request for termination, the supervisor and HR met with the complainant to know the date he/she wished to quit. He/she expressed the intention to terminate his/her contract legally with 45 days of notice as required by law. This meant that the contract would be terminated around 10 February. As of 1 January 2019, the complainant did not know whether his/her request had been approved. Three other workers shared the same issue but said they would contact the FWF's helpline after Tet (Vietnamese New Year) as they were afraid of losing their end-of-year bonus.

Findings and conclusions

On 20 December 2018, a factory worker called FWF's helpline to complain about his/her termination not being approved. He/she said that he/she had handed his/her termination letter to the line leader about two months before but the factory did not approve his/her termination. The complainant wanted FWF to help him/her terminate his/her contract legally. He/she said that he/she could submit a new termination letter, but expected the factory to approve it this time and provide a copy of the approval. FWF complaint handler advised him/her to submit a new termination letter directly to HR as well as by post. Around 23 December 2018, the complainant resubmitted his/her termination letter as advised by FWF. After receiving his/her request for termination, the supervisor and HR met with the complainant to know the date he/she wished to quit. He/she expressed the intention to terminate his/her contract legally with 45 days of notice as required by law. This meant that the contract would be terminated around 10 February. As of 1 January 2019, the complainant did not know whether his/her request had been approved. Three other workers shared the same issue but said they would contact the FWF's helpline after Tet (Vietnamese New Year) as they were afraid of losing their end-of-year bonus. On 14 January 2019, Vaude contacted and informed the factory about the complaint. Management replied that this case was unknown to them and that workers were able to resign within the legally allowed notice period. The brand told the factory that they should inform all relevant managers/supervisors that workers are free to leave the company if they give the legally required notice. The complainant resigned on 15 March 2019 and as of 17 April had yet not received his/her dues (the remaining salary and social insurance book). The HR officer let him/her know that the remaining salary will be paid in April and the social insurance book will be returned about 1.5 months later. The factory paid the remaining dues on 25 April, except for unused annual leave. However, the complainant was happy with the outcome and thus decided not to pursue and ask for those remaining dues. The worker said that, without FWF, he/she would not have been able to reach a legal employment termination and receive his/her social and insurance book. This complaint is resolved.
See details

Overview of the complaint investigation

01/14/2019 Investigation

On 14 January 2019, Vaude contacted and informed the factory about the complaint. Management replied that this case was unknown to them and that workers were able to resign within the legally allowed notice period. The brand told the factory that they should inform all relevant managers/supervisors that workers are free to leave the company if they give the legally required notice.

04/17/2019 Investigation

He/She has resigned on 15 March 2019 and had not yet received his/her dues (the remaining salary and social insurance book). The HR officer let him/her know that the remaining salary will be paid in April and the social insurance book will be returned about 1.5 months later.

05/01/2019 Verification

The complainant confirmed that the factory paid his/her remaining salary (for March 2019) and he/she received the social insurance book on 25 April 2019.

05/08/2019 Evaluation of the complaint

She/he had not yet received the payment for unused annual leave and also had no severance allowance for working time served when he/she did not pay unemployment insurance contributions as prescribed by law (she took maternity leave 2 times, in 2016 and 2017). However, the complainant felt happy and lucky and she want to stop the complaint.

The worker said that, without FWF, he/she would not have been able to get a legal employment termination and receive his/her social and insurance book. She wishes the factory would have a clear resignation process so that workers could resign legally and could get their social insurance books.

He/she thanked to FWF and Vaude for helping him/her.

05/08/2019 Resolved

The case is resolved.

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