Mammut Sports Group AG, Schoffel Sportbekleidung GmbH, Complaint 812

CONCERNING LABOUR STANDARDS
Payment of a living wage Reasonable hours of work
STATUS
Resolved
DATE
2019-11-15

A first worker called the Fair Wear helpline on 11 November 2019 and complained that from mid-October the workers are requested to scan their finger at 18:00 and return back to work until 19:00 or 19:30 without fingerprint time-record registration. During those hours overtime premium would not be paid.

A second worker called the Fair Wear helpline on 4 December 2019 and complained about two issues:
1) Workers are required to scan their finger at 18:00 and go back to work until 19:00 or 19:30 without time recording and have no overtime payment for working time after 18:00. This issue occurs since mid-October. 2) From the 4th week of November, workers are requested to work during lunch break. Workers have to shorten their lunchtime to about 15 minutes only.
The complaint handler asked whether he/she is in touch with the internal grievance but the complaint said that the internal grievance system does not work. Workers raised the issues to their line leaders without success.

Overview of the complaint investigation

2019-12-05 Investigation

Mammut and Schoffel informed the factory about the complaint on 5 December.

2019-12-09 Remediation

The factory acknowledged receiving the complaint case and suggested the following remediation plan:

1. Team leaders need to make sure workers leave factory after finger scanning.
2. No one is allowed to work at lunch time without any reason. The CSR team needs to have a rotation for daily audits.

Factory management will instruct workers to report any violations to CSR team/ Supervisor/ Production Manager and not only to their line leaders. To ensure the above two requirements, power will also be shut down.

Director of the factory confirmed about understanding & commitment for compliance with each single team leader/ supervisor & Production Manager.

2019-12-10 Conclusion of the investigation

The factory acknowledged that they have to comply with the regulations.

2020-01-09 Verification

Both workers confirmed that the factory improved and solved the issues. The factory stopped that practice in the 2nd week of December.

Workers also confirmed that there was no overtime payment for the time working after 18:00 in October and November 2019 which was not recorded by fingerprint. From the 2nd week of December, workers worked overtime until 19:30 in one or two days/week and until 18:00 the other days and all working time was recorded by workers. Workers have an hour for lunch break as well.

2020-01-09 Evaluation of the complaint

Both workers thanked Fair Wear and the brands for helping them. They were happy that the factory took action immediately. They said the Fair Wear helpline is an effective mechanism for workers.

2020-01-31 Remediation

Factory management shared how they have remediated the issues and how they will continue to follow-up on the remediation activities:
- Factory management has reached an internal agreement to stop the practice of scanning fingerprints to signify signing off the day and then returning to work, and have instructed the Production Manager to comply with this decision. The Production Manager has agreed to follow these instructions.
- In terms of the overtime hours in October and November and the claim that factory management did not pay these hours in full, all the records were cross checked to identify any workers that required compensation but none were found. Furthermore, no workers confirmed that this situation applied to them. However, to ensure that the policy regarding over time is revised and communicated to workers, the following two activities have been added to the Corrective Action Plan (CAP):
1. There will be a notice displayed reminding workers about the compensation pay for overtime. It will also remind them that they should not scan their finger print and return to work, but to make sure that the over time hours have been confirmed by their supervisor according to company policy.
2. Make sure that this issue is covered in the WEP training given by Fair Wear in 2020.

2020-01-31 Resolved

This complaint has been resolved.