J.Lindeberg, Complaint 7

CONCERNING LABOUR STANDARDS
Legally binding employment relationship
STATUS
Resolved
DATE
2012-05-16

The worker called FWFs local complaints handler after an audit had been carried out in the factory where she worked behalf of J Lindeberg. This audit was carried out on 15-16 May. According to the worker she was fired for disclosing information regarding excessive working hours to the audit team. On 16 May she was requested by factory management to sign a resignation letter, which she did due to lack of understanding of the consequences at that time. The worker initially inquired with FWFs complaints handler if it was legal if she would obtain her salary after one month.

Findings and conclusions

On 16 May 2012, FWF's complaints handler in China received a complaint from a former factory worker, who claimed that she was fired for disclosing information regarding excessive working hours to the audit team. FWF declared this complaint admissible and informed J Lindeberg, the FWF member brand sourcing at this factory. J Lindeberg reached out to factory management, who claimed that this was not the case. FWF concluded on 17 May 2012 that the worker and management had discussed her resignation on May 16. As a result of conflicting information and the worker being unable to submit a copy of a resignation letter, FWF could not conclude if the worker had been forced to resign. Since the factory and the worker both agreed that the employment relationship would best be terminated, considering the recent developments, FWF focused facilitation of termination of the labour contract according to local law. J. Lindeberg requested the factory to settle the case by means of a cash payment to the worker, equal to her normal monthly salary. On 23 May 2012 FWF's complaints handler in China reached out to the complainant, who confirmed that she had received her salary. The complainant is satisfied with the outcome of the complaint, the complaint can be closed.

Overview of the complaint investigation

2012-05-16 Investigation

FWF conducted a detailed interview with the plaintiff to get a full understanding of the situation regarding factory management refusing to support the working in obtaining compensation.

In addition FWF asked J. Lindeberg to contact factory management to get an understanding of their perspective on the matter.

2012-05-17 Conclusion of the investigation

FWF concluded on 17 May 2012 that the worker and management had discussed her resignation on May 16. As a result of conflicting information and the worker being unable to submit a copy of a resignation letter, FWF could not conclude if the worker had been forced to resign.

2012-05-18 Remediation

Since the factory and the worker both agreed that the employment relationship would best be terminated, considering the recent developments, FWF focused facilitation of termination of the labour contract according to local law, which states:

According to Article 13 of Regulation of Guangdong Province on the Payment of Wages, when an employing entity terminates or dissolves the labour relationship with an employee according to law, it shall pay off the wages of the employee once and for all on the day when the labour relationship is terminated or dissolved.

After discussion with FWF, J. Lindeberg requested the factory to settle the case by means of a cash payment to the worker, equal to her normal monthly salary.

2012-05-23 Verification

On 23 May 2012 FWFs local complaints handler in China contacted the plaintiff to confirm that the matter had been solved. The plaintiff confirmed that she had received her salary (2000 RMB) in cash from factory management. She thanked FWF for supporting the process of settling the complaint.

2012-05-23 Evaluation of the complaint

The complainant was satisfied with the outcome of the complaint.

2012-05-23 Resolved

The complaint is resolved.