Outdoor & Sports Company Ltd., Complaint 67

CONCERNING LABOUR STANDARDS
Employment is freely chosen Payment of a living wage
STATUS
Closed
DATE
2014-03-09

The plaintiff asked for resignation in Oct 2013. The factory did not approve her resignation.
On 19 Feb 2014 after Chinese New Year, the plaintiff returned to work and approached the management to request a personal leave of 10 days to take care of family urgency; the management team declined. Subsequently, the plaintiff submitted a written resignation letter which was refused. Thereafter, this plaintiff left the factory on her own initiative.
The plaintiff complained the factory did not pay her wage of Jan and Feb 2014 and
requested these payments can be realized with help of FWF. (Remark: the Chinese New Year starts from 31 Jan 2014 and after the Chinese New Year. The plaintiff returned to factory on 19 Feb 2014 to ask for personal leaves, thus,
she did not work for the entire Feb 2014).

Findings and conclusions

On 9 March 2014 FWF’s complaints handler in China received a complaint from a worker from a factory supplying Outdoor & Sports. The complaint related to FWF’s labour standards ’employment is freely chosen’ and ‘payment of a living wage’.

Plaintiff complained she asked for resignation which was not approved by the factory. Thereafter, the plaintiff left the factory on her own initiative and stated the factory did not pay her wage of Jan and Feb 2014.

Outdoor & Sports immediately contacted the supplier and received a reply the same day. After investigation, FWF found the case not grounded. Both factory management and plaintiff confirmed that the plaintiff did not follow the 30 days’ notice and did indeed recieve the correct salary. The plaintiff thanked FWF for explaining the side of the factory after which she understood her rights and accepted the outcome.

Overview of the complaint investigation

2014-03-01 Investigation

FWF informed Outdoor& Sports about the case. Outdoor & Sports immediately contacted the supplier and received a reply the same day. The supplier investigated the case and reported the following to the affiliate:
- According to the factory management, the worker requested personal leave in October and did not submit a resignation. The leave was granted for the period between 6 and 19 October 2013.
- A second period of leave was granted from 23 December 2013 to 9 January 2014.
- The worker returned to work on 7 February and asked for a 10 day leave on the 18th of February which was not approved by management.
- The worker indicated she wanted to resign. Management informed her that is only possible from the 18th Mar 2014 after a 30 days’ notice. From the 19th of February the worker did not return to work.
- Workers’ salary is calculated in the next month, the salary of January has been paid to the account of the worker on 6 March.
- Factory management indicates they normally sit down with workers and have an open discussion when they request resignation and will approve resignation when workers follow the 30 days’ notice request.
With this information FWF’s complaints handler contacted the plaintiff again on 14 March. The plaintiff confirmed the points put forward by the management and agreed they factually reflected the events. The worker understood she did not follow the law by leaving the factory without a 30 days’ notice. At that time she had to urgently take care of a family situation and therefore had no choice but to resign on her own initiative. FWFs complaints handler also asked the plaintiff to give the exact amount of the due wages according to her piece wage. The plaintiff confirmed she received her due wage of January 2014 corresponding to her piece wage on 6 March.

2014-03-01 Conclusion of the investigation

Based on the above investigation, FWF found the case not grounded.

2014-03-01 Remediation

Given that the case was found not grounded, remediation is not applicable.

2014-03-01 Evaluation of the complaint

The plaintiff thanked FWF for explaining the side of the factory after which she understood her rights and accepted the outcome.

2014-03-01 Closed

This complaint is closed