Continental Clothing Company Ltd, Nudie Jeans Co., Manroof GmbH, Mini Rodini AB, Social Fashion Company GmbH (ARMEDANGELS), Complaint 426

Legally binding employment relationship

The complainant is a former factory worker who had worked in this particular factory for 9 months in 2017. The complainant had resigned from the factory because he had to return to his hometown with his wife for the delivery of their child. The complainant stated that he had informed the manager of his departure and claimed that he had been assured that the Provident Fund (social security) amount would be deposited in his bank account in the next three months. However, the complainant claimed that he had not received the Provident Fund within the assured 3 months. Furthermore, he stated that the factory manager was unable to give satisfactory answers when the complainant's brother (who was still working in the factory) inquired about the complainant's Provident Fund settlement.

However, the complainant's phone number had to be changed due to the closure of the service provider company so the complainant could have missed a message left by the Provident Fund department. The complainant emphasised that he needs the money as soon as possible because of his family situation.

Findings and conclusions

On 23 June 2018, FWF's complaints handler in India received a call from a former factory worker, who claimed that despite resigning over three months ago, he had not yet received his Provident Fund (PF) (social security) payment. Response from factory described that the complainant needed to update his identity with the Provident Fund office and then the payment would be made. This was explained to the complainant by Fair Wear but the complainant did not act upon the suggestion. Despite several reminders from September 2018 to January 2019 complainant did not act, therefore, FWF together with the brands, decided to close the complaint in January 2019.

Overview of the complaint investigation

2018-10-04 Investigation

Fair Wear informed the brands about the complaint who then shared the complaint with the factory. Factory management stated that they would follow upon the Provident Fund (PF) application of the complainant and the processing of his application would take a minimum of 15 days. FWF reached out to the complainant and informed him of the step that the factory would take.

2018-10-04 Conclusion of the investigation

It is concluded that the complainant left the factory after submitting his PF claims in the PF office, however he had still not received his claims after four months. The complainant had returned to his hometown and was unable to personally follow up with the PF department.

2018-11-08 Remediation

FWF called the management to ask for an update as the complainant was still waiting for the PF payment. During this call, FWF suggested that the factory checks with the PF office about the complainant's case and cooperate fully in clearing the complainant's dues.

2018-11-20 Verification

In order to verify, FWF reached out to the complainant again, who stated that he had still not received the amount.

FWF then checked in with factory management again, who stated that the complainant should physically go to the nearest PF office to update his identity. FWF informed the complainant of the steps he had to take to update his identity and receive the payment.

No further action was due from the factory management.

2019-01-25 Verification

Despite several follow up calls (at least twenty) to the complainant from November to the end of January 2019, the complainant had failed to go the nearest PF office to update his identity. The complainant on the other hand started complaining that FWF is not helping in addressing his complaint. .

2019-01-25 Evaluation of the complaint

The complainant does not show any inclination to take the necessary steps to solve this complaint and is becoming aggressive in accusing FWF by calling the complaints handler while in a drunk state. This happened at least three time in January.

2019-01-25 Closed

In the absence of any action from complainant over the course of three months and as he has not cooperated with FWF's suggestion, this complaint has been closed.