Maier Sports GmbH & Co KG, Complaint 875

Payment of a living wage Legally binding employment relationship

The complainant started to work at the factory on 24 February 2020, but the factory did not sign a labour contract with the complainant. For personal reason, she/he verbally requested to resign from the factory on the 20 April 2020. According to the complainant, the supervisor told him/her that workers shall inform factory 1 month in advance if they want to resign from the factory. After this, the supervisor requested the complaint to write a resignation letter and stay another month with factory. The complaint did not want to stay another month, so he/she quit on his/her own initiative, however his/her salary from 1 to 21 April 2020 was not paid by the factory.

The complainant hopes that Fair Wear can help him/her to receive the outstanding salary, which is around 1000 RMB. As the complainant did not know the piece price, he/she cannot make sure the exact amount of his/her salary.

Overview of the complaint investigation

2020-05-06 Investigation

Maier Sports reached out to the factory and the factory came back with the following statement:

The employee wanted to quit immediately. The company did not tell him/her that he/she would have to stay for another month, but told him/her that he/she would have to stay a few more days because some of the clothing that the employee had sewn had to be repaired by him/her.
The company suggested him/her to stay another month to familiarise him/herself with the work and process. The company hoped that the employee would reconsider his/her resignation.
The salary from 1-20 April, 2020 was not paid immediately after the termination, since all salaries are paid at the end of the next month, in this case at the end of May. The salary is reduced by the cost of repairs that were not carried out by the employee.

2020-05-06 Investigation

Fair Wear explained that according to law,
1. Wages shall be paid to the workers immediately after the working relationship ends. Therefore, the factory is obliged to pay workers on the day the worker resigned from the factory.
2. The worker mentioned that the factory did not sign a labour contract with him/her. According to law, the factory shall pay her/him monthly wages at double amount. (the complainant did not request double payment for this complaint, but only the wage of April due to her/him )

According to the initial complaint, the period for the due wage is from 1 to 21 April 2020, and the local minimum wage in Quanzhou is 1720 RMB. Under all circumstances, the wage paid to workers shall not be lower than the local minimum wage.