Picture Organic Clothing, Complaint 874

Payment of a living wage Legally binding employment relationship

The complainant is a worker in a factory that had closed for the COVID-19 outbreak but was reopening on 10 February 2020. However, as a result of the outbreak, some roads were locked down, which meant that the complainant was only able to return to work on 25 February 2020. Upon returning to work, the complainant asked for a month of personal leave in April, which was approved by both the supervisor and manager. Usually, the complainant receives their wages on the 15th of each month, so he/she called the factory on 15 April to inquire why the wages had not yet been paid. According to the complainant, the HR informed him/her that because the complainant was unable to return to work on time, they needed to bear the full amount of social security fees (both the company and personal share) for January and February. The HR manager then told the complainant that in order to receive the outstanding wages, the complainant would have to return to the factory and submit a resignation letter.

The complainant requested the following support from Fair Wear:
1. The complainant is paid a fixed hourly rate at 20 RMB per hour. His/her wages from 25 February to 15 March are 2620 RMB for a total of 131 hours; and his/her wage from 16 March to 8 April 2020 are 2820 RMB for a total of 141 hours. From 25 February to 8 Aprril 2020, the complainant's gross wages should be 5440 RMB. After the deduction of the personal share of social security fees for 3 months from January to March 2020, the wages due to him/her should be 4446 RMB.
2. The complainant was employed by factory in April 2017, however, he/she was not provided with social security at the time of hire, but only as of September 2019.

New complaint

This is a new complaint that FWF has just filed. At this point in the procedure, the complaint is pending investigation, and FWF has not yet proven it to be grounded. Updates to the investigation will follow. The brand is requested to share the complaint with factory management and to get their perspective. Ideally, this includes obtaining documental evidence in addition to a statement from management.

Overview of the complaint investigation