Bierbaum-Proenen GmbH & Co. KG, Complaint 226

CONCERNING LABOUR STANDARDS
Payment of a living wage Legally binding employment relationship
STATUS
Closed
DATE
2017-01-21

The complainant claimed that (s)he was dismissed by the factory management. The complainant refused to sign a resignation letter and claims that the factory owed her/him 25 days outstanding payment and compensation.

Findings and conclusions

On January 21, 2017, FWF received a complaint from a worker who was dismissed by the factory management. The complainant claimed that (s)he was dismissed by the factory management. The complainant refused to sign a resignation letter and claims that the factory owed her/him 25 days outstanding payment and compensation.

FWF informed Bierbaum-Proenen about the case, who contacted its supplier and got immediate feedback from the factory management. Social security declarations, pay slips and time record card concerning the complainant’s for the last 3 months as well as written warnings, defense statement or any other document which was given/received during his working period were requested from the factory management.

The factory management provided a document showing that the complainant signed the receipt of the payments in March 2017. Documents proved that outstanding wages are paid and the complainant withdrew her/his complaint. Complainant wasn't available anymore for verification.

Overview of the complaint investigation

2017-04-28 Investigation

FWF informed Bierbaum-Proenen about the case on February 3rd , 2017. BierbaumProenen has contacted its supplier and got immediate feedback from the factory management.
Social security declarations, pay slips and time record card concerning the
complainant’s for the last 3 months as well as written warnings, defense statement or any other document which was given / received during his working period were requested from the factory management.
The Turkish law, determines that outstanding payments for working days need to be made. Several legally required steps need to be taken to terminate employment of a worker.

2017-04-28 Conclusion of the investigation

The documents show that supposedly outstanding payments are paid. The factory management provided a document showing that the complainant signed the receipt of the payments in March 2017.
The documents did not show whether the complainant received all warnings and the termination letter according to Turkish law. This is due to the fact that the HR manager who was in charge is not working at the factory anymore and documents were not in file.
A document was provided stating that the complainant withdraws her/his complaint towards the factory management. This document was also signed in March 2017 when the complainant returned to the factory management to clear the outstanding matters.

2017-04-28 Verification

Documents proof that outstanding wages are paid and that the complainant withdraws her/his complaint.
Verification of whether all legal requirements to dismiss the complainant were taken was not possible. Documents were missing and the responsible HR manager not working at the factory anymore.
Verification with the complainant was not possible since the complainant did not respond to FWF calls anymore after the initial call.

2017-04-28 Evaluation of the complaint

Fair Wear Foundation tried to evaluate with the complainant but couldn’t reach her/him.

2017-04-28 Closed

This complaint is closed.