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The complainant has worked for the factory since December 2015. The complainant signed the first 1 year contract in January 2016 and the 2nd contract in January 2017. The complainant took maternity leave from July to December 2017. She returned to work on 8 January 2018 and the HR office informed her that her labour contract expired and had not been renewed.
She received her social insurance book and the remaining payment on 19 March 2018 after the remediation of her first complaint. However, she did not receive severance allowance and unused annual leave in 2017. Therefore, the complaint is twofold:
1. She did not receive severance allowance for the working time served when she did not pay unemployment insurance contributions including 1 month of probation and 6 months of maternity leave.
2. She did not receive the unused annual leave in 2017.
On 1 April 2018, FWF complaint's handler in Vietnam received a complaint from a former factory worker who claimed that she returned to work on 8 January 2018 after taking maternity leave from July to December 2017, but was told by the HR manager that her labour contract had expired and had not been extended. While the complainant had received her social insurance book and remaining wages on 19 March 2018, she has not received the severance allowance and unused leave for 2017. FWF declared this complaint admissible and informed Salewa, the FWF member sourcing at this factory. During an audit at the factory, the complaint was found grounded and the factory agreed to pay the severance allowance and unused leave payment. FWF's complaints handler contacted the complainant, who confirmed that she had received all due payments and was satisfied with the outcome of the complaint. The complaint is thus resolved.
The claim was found grounded during an audit.
The brand and the factory discussed remediation and the complainant received the severance allowance and unused leave payment.
This case is resolved.
The complainant confirmed that she received the due payments and thanked Fair Wear Foundation for its help in the remediation of the problem.