Nudie Jeans Co., Complaint 165

CONCERNING LABOUR STANDARDS
Payment of a living wage Legally binding employment relationship
STATUS
Closed
DATE
2016-05-02

On 2 May 2016, a worker approached FWF’s complaints handler and trade union representatives. He claimed that a factory where he had been working since 2010 on temporary one-month contracts had terminated his employment.

Findings and conclusions

On 2 May 2016, a worker approached FWF’s complaints handler and trade union representatives. He claimed that a factory where he had been working since 2010 on temporary one-month contracts had terminated his employment.

A 2012 audit revealed that short-term contracts were a concern at that factory then already. Further, in 2014 a different complaint was taken to FWF regarding the same issue. Tunisian labour law is not clear on the matter, but stakeholders agree that this is not the intended purpose of the law.

Before FWF could open an investigation, the worker was re-hired again by the factory. He now works at the same workstation, but does night shifts. He has signed a new contract of one month.

FWF has asked the complainant whether he wished to pursue his complaint. The complainant stated that he did not wish to take further action, because he was satisfied with the outcome.

Overview of the complaint investigation

2016-07-14 Investigation

FWF has informed Nudie Jeans about the case, who then contacted the supplier. According to the manager of the supplier, he acted in accordance with the law and he had paid all the necessary social security.

2016-07-14 Conclusion of the investigation

The most recent audit in November 2014 showed issues with short-term contracts:
Workers sign many contracts for a period of one month which is an insecure social situation. In 2014, a worker from this factory approached the FWF complaints handler with a similar complaint.
The issue of short-term contracts is something that is common in Tunisia. Employers feel that in order to motivate workers and keep them from becoming less productive, they get workers to sign short-term contracts of 1-3 months. Legally, employers are allowed to issue fixed-term contracts for a maximum of 48 months, after which a contract
becomes permanent.
Local stakeholders indicate that the labour law is somewhat unclear when it comes to the practice of these short-term contracts. What is clear, however, is that use of shortterm contracts was intended for specific, seasonal employment and not for year-round employment such as found in a garment factory. It also has the effect of placing workers
in an insecure employment situation. According to the labour law, social securities have to be paid in relation to the time worked.
Before FWF could open an investigation, the worker was re-hired again by the factory.

2016-07-14 Remediation

On the 17th of June, the worker was rehired again by the factory. He now works at the same workstation, but does night shifts. He has signed a new contract of one month.

2016-07-14 Evaluation of the complaint

FWF has asked the complainant whether he wished to pursue his complaint. The complainant stated that he did not wish to take further action, because he was satisfied with the outcome.

2016-07-14 Closed

This complaint is closed.