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According to the complainant she faced an accident on 2nd September 2016 when she was coming to the factory in a factory bus. She and a co-worker were sitting on a seat that was above the wheels of the bus. Suddenly the tire of the wheel blasted and the iron plate below their legs ruptured with force and hit their legs. She suffered serious injuries and a bone of her leg was fractured. Her co-worker also had a fractured leg because of this incident.
The HR person along with some other staff took both the women workers to the ESI hospital, where their legs were plastered and doctor suggested for one month rest. She finally joined work on 25th October 2016. She felt some pain while walking (this continues until now) but the doctor said that pain may continue longer but she is fit to re-join work.
According to her, she went back to ESI to get the payment of wages for the period she was not able to join her duty. The doctor in-charge asked about the incident and she reported accident in the company bus. The doctor informed her that the Accident Form was not filled by the company and therefore she can get only part of wages considering it as normal sickness and not accident.
The complainant had not been aware about this fact. She refused to accept the payment based on normal sickness and decided to talk to the HR of the company. When she spoke to the HR manager regarding filing of the form he refused saying the company will not file Accident Form. Thereafter, she did not dare to raise this issue. She also did not go to ESI to claim whatever payment they were giving on the basis of normal sickness.
She further added that on February 10, 2017, about 55 workers were terminated including her (this has been raised by a different worker in a previous, still on-going complaint). She pleaded the HR that her legs are still painful and in such condition she may not be able to look for a new job.
She received payment for number of days worked and payment for Earned Leave and probably wages for one month in terms of notice pay. Three weeks back all 55 workers including her received a call from company for filling up their PF form, and almost everyone including her have filled and submitted the PF form.
The complainant claimed that she worked for three to four years in the main location of the factory and then for additional four years in another location belonging to the same supplier. She was covered under social security-ESI, PF. She was getting a wage of INR 280 per day. She said, increments were made in wages of some workers but she was denied.
The complaint was shared with the member, who informed the factory management. Factory management did not want to cooperate and provide further information. As the relation between the supplier and member ended, it was in the end impossible to draw a conclusion on the case, and the case had to be closed.
FWF shared the complaint with the brand. FWF called the complainant again to get some more information on the accident and First Information Report (FIR) for accident, if any, that was filed by the company. Nudie Jeans has shared the complaint with management and requested the accident form and documentation, but has not received it.
Several other complaints have been received from the same factory since 2016. Nudie Jeans has tried to discuss this case as well as others with management and requested the relevant documentation. Management stated that they gave the complainant the right form, but she went to the wrong hospital. Management has refused to cooperate further on complaints investigation and remediation and did not provide any documentation. Nudie Jeans does not have orders at the factory at this point and therefore limited influence.
FWF called the complainant to check whether there was any action from the factory towards her complaint. She stated that the factory has not approached her for any compensation or inquiry.
She has been out of job ever since she, along with other 54 workers, were ousted from the factory last year. With regard to her accident claims she said that she has the photocopy of the medical records. She was asked to submit the original papers to the contractor soon after her first treatment but the contractor didn't get back to her.
Complainant is not willing to file an official complaint against the factory management.
The complaint was closed.