SALEWA, DYNAFIT & Wild Country, Complaint 200

CONCERNING LABOUR STANDARDS
Payment of a living wage
STATUS
Closed
DATE
2016-12-06

The complainant informed FWF that he requested leave from 24 -28 November for personal affairs. Factory management refused his leave application, but the complainant did take the leave. After he returned on 28 November, factory management informed him he was fired due to absenteeism without permission.
The following issues need to be taken into account:

During the complainant’s leave from 24 to 28 Nov 2016, the factory hired a temporary worker to take over his responsibilities and factory requested him to pay his replacement at 250 RMB/day, which will be deducted from the complainant’s wage. The complainant made a total wage of 3601 RMB in September 2016. The factory paid him 3100 already, but still would need to pay the additional 500 RMB. The complainant dioes not know how much exactly he made in October. So far he has
not received any wage of October. The complainant worked from 1 to 23
Nov 2016, he does not know how much exactly he has made during these working days.

The complainant requests the following:
1. He offers to pay his replacement during his personal leave, which will be 1000RMB.
2. He requests the factory to pay the due wages to him (500 RMB from
September, and wage of October and November. If these outstanding wages are paid he accepts his dismissal.

Findings and conclusions

On 6 December 2016, FWF's complaints handler in China received a complaint from a factory worker who claimed that he/she had been dismissed for taking leave without permission and that he/she had not received all the wages owed to him/her. The complainant was dismissed after taking leave that had not been approved by factory management, who hired a temporary worker to take over the complainant's responsibilities and requested that the complainant pay for the replacement, to be deducted from the complainant's salary. The complainant agreed to pay for the replacement but stated that he/she would only accept the dismissal if all due wages (from September, October and November) are paid. FWF declared this complaint admissible and informed Salewa, the FWF members sourcing at this factory. Salewa reached out to the factory management who stated that they had come to an agreement and that the complainant is still working in the factory. The factory management sent a copy of the complainant's pay slips, covering the wages due. Despite several attempts, the FWF complaints handler was unable to reach the complainant to check whether he/she had indeed received the outstanding payments. FWF recommends Salewa to encourage their supplier to have a fair resignation and dismissal policy in place.

Overview of the complaint investigation

2016-12-15 Investigation

FWF informed Salewa about the case on 15 December. Salewa contacted the supplier and asked for a reply.

The complainant made an agreement with the management and is still working in the factory.

2017-02-20 Remediation

In February, the factory sent pay slips showing that payments to the complainant have been made for September, October and November.

Unfortunately, despite several efforts, the FWF complaint handler could not connect with the complainant to check further upon the authenticity of the claims and whether he indeed received the outstanding payments.

No definitive conclusions can be drawn because the case could not be verified by checking with the complainant about the details of the agreement he made with management to stay on, or to further investigate the authenticity of his claims. Though the factory has sent signed pay slips proving the payments, we were unable to verify with the complainant whether the payments were indeed received.

2017-03-01 Closed

The complainant could not be reached any more, therefore, the complaint has been closed.

FWF recommends Salewa to discuss with their supplier to have a fair resignation and dismissal policy in place, and communicate this to all workers.