Odd Molly International AB, Complaint 608

CONCERNING LABOUR STANDARDS
Employment is freely chosen Payment of a living wage Legally binding employment relationship
STATUS
Closed
DATE
2019-01-06

The complainant has worked in the factory for 8 to 9 years as a permanent worker and he was covered under Employee State Insurance and Provident Fund. He has all proof of employment for 8-9 years.

He was forced to resign on 27 March 2018 all of a sudden. Since management said that he would get his salary only after his resignation, he resigned his job against his willingness to work in the same factory . But even after submitting the resignation, his salary was not paid and hence he filed a complaint in the police station for the same.

As per the agreement made in the police station, management gave his salary to police inspector and asked him to hand it over to the complainant. But the salary paid through police inspector was not his full salary. His monthly wage was INR 10000 and with overtime of 4 hours daily on working days and full overtime on all weekly off, his wages due was about INR 13000-14000. But salary paid through the police inspector was INR 8100, which was probably equivalent to legal minimum wages. According to complainant he was not absent on any day and hence the salary given was inappropriate.

He went to the company, signed on the documents as per the agreement made in the police station. He also asked about his due wages and other benefits and requested the management to sign his PF withdrawal form. Management has said that nothing else would be paid and his PF withdrawal form was also not signed by the company.

He sent a legal notice in April 2018 to the management stating he would be filing a complaint in labour department if things remain the same. Since management was unresponsive, with the help of a union representative in the region he filed a case in labour department in May 2018 to get his all legal dues including Earned Leave, bonus, gratuity and notice pay.

After 3 months, management called him and asked to withdraw his case from labour department saying they may consider to pay his dues and sign his PF form. He obliged but management did not pay him anything and his PF withdrawal form was also not signed.

Therefore, after 15-20 days, he again reopened the same case in labour department, which is still pending, without any progress.

Now complainant has filed in FWF for non-payment of his full wages and full and final payment including Payment for EL, Bonus, gratuity and notice pay and also retrenchment compensation.

Overview of the complaint investigation

2019-01-30 Investigation

Fair Wear shared the complaint with the brand and the brand in turn contacted the factory to get their response.

Factory replied on 5 March 2019 (which was shared with FWF on 18 April) that complainant has fabricated the matter to obtain personal monetary gains from the factory.
Management said that the complainant himself has admitted in the complaint that he has settled all his dues in front of the police authorities (where he complained against the factory) and now the complainant seems to be under the influence of some agencies (with no contact to management) who are making false claims to pressurise them and to claim extra money.T hey added that this matter is pending for adjudication before the Industrial Tribunal and they would obey the outcome.

As regards his claim for PF; management would co operate (like in the past ) to the full, to ensure that the complainant gets his PF accumulations withdrawn from PF department.

2019-04-22 Conclusion of the investigation

According to the management, the complainant is fabricating a case against the management for some monetary gains and that all claims of the complainant was settled in front of the police authorities. However, the management has not produced any document supporting their claim because of which a conclusion of the complaint is not possible at this stage.

Fair Wear wrote to the brand on 22 April 2019 to seek from their supplier a full and final settlement copy of the complainant to substantiate their claim.

2019-06-05 Investigation

Complainant called the complaint handler to check if there is any improvement in this case. Since two months there has been no information from the brand/factory Where they were asked to share the full and final settlement copy of the complainant to substantiate their claim. FWF recommends a speedy response from the brand/factory.

2019-12-20 Evaluation of the complaint

There has been no response from the brand/factory despite several reminders so it is difficult to process this complaint.

2020-01-10 Closed

The brand ended it's membership with Fair Wear which means the follow up of this complaint is not possible any further. This complaint is considered closed.