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The complainant claimed that she was requested by factory management to stay home for 4 months from December 2015 to end of March 2016, due to the renovation of the cutting workshop. During these 4 months, the complainant paid for social security as usual. The factory did not pay salary for these 4 months.
In the beginning of April 2016, the complainant was called back to work by factory management, and started in the finishing workshop.
The complainant thinks she is entitled to 4 months of salary from December 2015 to March 2016, as the reason given by management can be counted as production stoppage.
The complainant was paid by piece rate and engaged in fabric spreading, cutting panels inspection etc. Per her salary records, she made on average 3000 RMB per month.
In case the complaint is grounded, the following legal regulation should be followed:
Legal Requirement: In accordance with Article 35 of Regulations on Wage Payment of Guangdong Province: During the downtime caused by reasons having nothing to do with laborers, employing units shall pay wages to the laborers according to hours worked within one cycle of wage payment (within 30 days). If the downtime lasts beyond one cycle of wage payment, the remuneration paid to the laborers shall be according to the newly agreed standard based on the work employees provide; if the employing unit does not arrange work for employees, the remuneration shall not be less than 80% of the local minimum wage standard till resuming work, production or termination of labor contracts.
FWF informed Salewa about the case.
The complaint is grounded, and the complainant is entitled to a pay of 80% of the local minimum for 4 months. 1350 RMB/month (local minimum) * 80% * 4 months, totals 4320 RMB.
Salewa informed the factory of the complaint, and the factory took immediate action to make the payment of production stoppage to the complainant accordingly.
The complaint handler called the complainant on 24 April to check whether she has received the amount of 4320 RMB, and she could confirm this.
The documents that the factory sent as evidence were checked as well. One of the documents included a statement that the complainant resigned. Therefore FWF also asked the complainant whether this resignation was voluntary.
The complainant told the complaint handler that she is quite satisfied with this solution and grateful to FWF. She resigned from the factory on 23 April, because she was assigned to a new position that she did not want to take, and additionally wanted to change to a new work place.
The complaint has been resolved.