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The complainant claimed that her labour contract with the factory expired on 31 August 2015, and therefore requested to resign from the factory. To support the production of the factory, she agreed to work an additional one month until 31 September 2015.
The factory's secretary made a statement on the complainant's resignation letter that her annual bonus and annual leave payment of 2014 respectively of 1600 RMB and 600 RMB would be deducted. She would also not receive her annual leave payment for the nine months that she worked in 2015.
The complainant addressed this with the management team of the factory, who responded that the deduction of bonuses and annual leave payment is to avoid workers from resigning.
From the law's perspective, the complainant is entitled to her annual bonus and annual leave payment of 2014, which is respectively of 1600 RMB and 600 RMB, totaling 2200 RMB.
The complainant is also entitled to proportional paid annual leaves for 2015, for the nine months that she worked at the factory. Given the fact that the complainant is entitled to 600 RMB as paid annual leave in 2014, for the nine months of 2015 that would be 9/12 of 600 RMB, which is 450 RMB.
In total she is entitled to receive 2850 RMB from the factory.
The factory needs to change the resignation policy and ensure that workers who resign are paid their due annual bonus and annual leave according to the law.
The role of the member is essential to ensure the factory adapts its policy.
The complainant informed Fair Wear Foundation on 12 January 2016 that she received the annual bonus and leave payment of 2014, totaling 2200 RMB.
She also received 100 RMB for deposit money of her canteen card.
Although the complainant did not the receive annual bonus over the nine months she worked in 2015, totaling 600 RMB, she is already satisfied with the payment over 2014 and feels her case has been resolved.
The complaint has been resolved