Mayerline NV, Complaint 453

CONCERNING LABOUR STANDARDS
Employment is freely chosen Legally binding employment relationship
STATUS
New
DATE
2011-12-21

The complaint related to the labour standard ‘Employment is freely chosen’ that is part of FWF´s Code of Labour Practices:

The worker complained about being restricted to resign from her job. According to the worker, she submitted a resignation letter to factory management on 23 November 2011, stating that she would like to resign from work as of 10 January 2012. At the time of filing the complaint with FWF, factory management had not approved her request to resign. The worker stated that she expected factory management would restrict her possibilities to resign on the requested date by withholding (part of) her salary.

New complaint

This is a new complaint that FWF has just filed. At this point in the procedure, the complaint is pending investigation, and FWF has not yet proven it to be grounded. Updates to the investigation will follow. The brand is requested to share the complaint with factory management and to get their perspective. Ideally, this includes obtaining documental evidence in addition to a statement from management.

Findings and conclusions

On 21 December 2011, FWF's complaints handler in China received a complaint from a factory worker, who claimed that she submitted a resignation letter to factory management on 23 November 2011, stating that she would like to resign from work as of 10 January 2012. At the time of filing the complaint with FWF, factory management had not approved her request to resign. The worker stated that she expected factory management would restrict her possibilities to resign on the requested date by withholding (part of) her salary. FWF declared this complaint admissible and informed Mayerline, the FWF member brand sourcing at this factory. Mayerline requested that factory management let the worker resign immediately. The factory at that time did not want to let the worker resign immediately. After a discussion between Mayerline and the factory it was agreed on 13 January that the worker could resign on 17 January. FWF asked Mayerline to request its supplier to see to it that practices to limit workers in resigning would be ended, and to ensure that they would follow Chinese labour law with regard to workers’ rights to resign from work after giving 30 days’ notice in writing. On 18 January 2012 FWFs local complaints handler in China contacted the worker that had filed the complaint. The worker then confirmed that she had resigned from the factory and had collected her full salary. The complaint has been resolved.

Overview of the complaint investigation