Jack Wolfskin, Schoffel Sportbekleidung GmbH, Complaint 256

Payment of a living wage Legally binding employment relationship

1/ She resigned from the factory in December 2016. According to the complainant, the factory has not yet paid the remaining salary (between 1,600,000VND ~ 1,800,000VND). She has contacted the factory HR personnel many times but she has not yet received the due salary. The factory management informed her that the payment has not been
approved by the parent company.
2/ The company did not settle the social insurance book and returned it to her. She said that the factory asked her to contact the social insurance agency to proceed it. When the complainant contacted the social insurance agency, the agency instructed her to contact the factory. She does not understand what needs to happen to settle her social insurance book.

Findings and conclusions

On 29 July 2017, a worker who had been employed at the factory until January 2017 called because the factory had not yet made the final salary payment, and was informed that the parent company had not approved of making it, after the worker resigned in December 2016. Also, the worker’s Social Insurance Book has not been returned.

The factory replied that the payment and the return of the book had been delayed due to issues with paperwork. The worker received the outstanding payment in mid-August and was in the process of getting a new book

Overview of the complaint investigation

2017-08-20 Investigation

The FWF members informed factory management and received a reply within one week. Management stated the employee did not came to settle her payment after she resigned. The procdure for setting the salary subsequently was put on hold by the main office. The employee came to the factory in April 2017 to collecte due wages; at the time the HR staff started the procedure again. This was delayed by a hand-over process and
management ensured the FWF members they will make the payment in the week of 12th August.
Regarding the insurance book, according to factory management the employee must request a new social insurance book by submititng the Decision of allowance to the Thai Nguyen Insurance Office. This was not yet received by the factory, which is why they could not proces to settle her social insurance.

2017-08-20 Remediation

Factory must settle the outstanding payments. Vietnam labour law requires that both parties are responsible to fully pay the amount related to each party's interests within 7 days after the date of termination the labor contract and not longer than 30 days in some stipulated circumstances (as per Article 47.2 of the Labor Code). Once the social insurance book is requested, factory must support the employee in closing the social
insurance book.

2017-08-20 Verification

The complainant confirmed she received the remaining salary the 15th of August. The employee also stated the social insurance agency is in process of issuing an new book for her, which she will send to the factory for closing the book.

2017-08-20 Evaluation of the complaint

The complainant would like to thank FWF and its members for settling the matter.

2017-08-20 Resolved

This complaint is resolved.