Nudie Jeans Co., Complaint 13

CONCERNING LABOUR STANDARDS
Payment of a living wage Legally binding employment relationship
STATUS
Closed
DATE
2012-06-27

The worker filed a complaint stating that his employer is forcing workers to sign an annual leave document, without actually providing these leaves.

Findings and conclusions

In June 2012, FWF received a complaint from a factory supplying Nudie Jeans. The worker filed a complaint stating that his employer is forcing workers to sign an annual leave document, without actually providing these leaves.

FWF researched the complaint and informed Nudie Jeans. They took immediate action and discussed the matter with factory management. Currently FWF and Nudie Jeans are investigating if the workers are getting their leave after all. The FWF Affiliate is asked to give priority to remediate this issue and FWF will conduct another audit to verify remediation in January 2013.

Update November 2013: An audit to verify improvements was implemented in July 2013. During that audit management and workers stated that the management have started paying for the annual paid leaves of the previous years, however the documents of payments and annual leave records were not consistent, hence could not be verified.

Overview of the complaint investigation

2013-11-01 Investigation

The production site where the plaintiff works has been audited by a FWF team in March 2012. The audit report showed the leave register was not kept. Workers had indicated during worker interviews that they did not use their annual leave.
FWFs local complaint handler conducted several interviews with the plaintiff to get a full understanding of the situation around leave payment. Nudie Jeans took immediate action and discussed the matter with factory management to get an understanding of their perspective. Nudie Jeans was asked to inform the factory that they and FWF were monitoring the situation.

2013-11-01 Conclusion of the investigation

According to the factory management, no worker is forced to sign a document stating that they are not entitled to annual leave. However, the annual leave is suspended until after Ramadan to be able to complete the scheduled orders within this period of time. After that they have ensured Nudie Jeans that the workers will be able to use their annual leave.
On June 29, FWF complaints handler checked with the plaintiff to verify this story. The plaintiff indicated that the leave form was not presented to the workers. Workers are still worried and complaining about unpaid annual leaves.

2013-11-01 Remediation

The missing leave register and workers not using their leave was an issue in the audit report of March 2012. The FWF Affiliate is asked to give priority to remediate this issue.
FWFs complaints handler is asked to check again with the plaintiff in two weeks. FWF will conduct another audit to verify remediation in January 2013. Update from FWFs complaint handler end December 2012:
The buying agent of the factory has initiated a programme to increase productivity. They require the factory to make all the workers registered to social security, to provide AGI for all the workers, and to make all the workers enjoy their right to annual leave. The programme is expected to start in January or February, which means improvements will be made soon.

2013-11-01 Verification

An audit to verify improvements was implemented in July 2013.
During that audit management and workers stated that the management have started paying for the annual paid leaves of the previous years, however the documents of payments and annual leave records were not consistent, hence could not be verified.
Factory is required to keep records of annual leaves and provide annual leave for all workers as required by law: Affiliate is required to continue monitoring this.

2013-11-01 Closed

This complaint is closed.