SALEWA, DYNAFIT & Wild Country, Complaint 636

CONCERNING LABOUR STANDARDS
Payment of a living wage Legally binding employment relationship
STATUS
Resolved
DATE
2019-03-24

The complainant has worked at the factory from 13 March 2019 to 11 April 2019 as a helper, i.e. an unskilled worker.
She was under a 1-month probation period from 13 March 2019. In early April, the factory gave her a 1-year labour contract (from 13 April 2019 to 12 April 2020) but she has not signed it thus no notice was required for her to terminate her work. On 12 April, she has applied a termination letter.

She wants to complain that she has not received the remaining salary (from 1-11 April, approximately 9.5 working days and 8.5 hours of OT).

On April 13, the HR officer gave her an envelope containing the outstanding wages and payslip, but then HR officer took it back and made an appointment to resolve the situation the next day.

On April 14, the complainant came to factory and HR officer explained that according to the company's regulations, when workers quit their jobs, workers have to compensate 50% of their salary, so she owed the company. The complainant did not understand HR officer's explanation. She wants Fair Wear to help her resolve this. In addition, she also wants to contact the labour union of Long Khanh District but the complaints handler advised her to wait for the result from Fair Wear.

Findings and conclusions

A worker called on 14th March 2019. (S)He was working at the factory from 13 March 2019 to 11 April 2019 as a helper/ unskilled worker, and was under a first month probation.
On 12 April, (s)he shared a resignation letter.
(S)he wants to complain that she has not received the remaining salary (from 1~11 April, approximately 9.5 working days and 8.5 hours of OT).
On April 13, the HR officer gave the worker an envelope containing wages and payslip, but then HR officer took it back and made an appointment to resolve in the next day.
On April 14, the complainant came to factory and HR officer explained that according to the company's regulations, when workers quit their jobs, workers have to compensate 50% of their salary, so she owed the company.

On April 25, Salewa informed the factory of the complaint case.
According to the factory; it appears there was a misunderstanding from the HR department in the factory. It sounds like the worker was hired to see if she is able to work in a position which requires a certain level of training or in a position that does not require a prior training.

On May 4th, the factory paid remaining due payments to worker who called the complaints handler to inform (s)he received the remaining due payment. (S)He thanked FWF for its support. The case is resolved.

Overview of the complaint investigation

2019-04-25 Investigation

Salewa informed the factory of the complaint case.

According to the factory, it appears that there was a misunderstanding from the HR department in the factory. It sounds like the worker was hired to see if she is able to work in a position which requires a certain level of training or in a position that does not require a prior training.

The brand is trying to clarify the situation and discuss remediation with the supplier.

2019-05-04 Remediation

The factory paid the remaining due payments to the complainant.

2019-05-06 Verification

The complainant called to say that she received the due payment. The confirming document was shared by factory with the brand and checked by the Fair Wear team.

2019-05-06 Evaluation of the complaint

The complainant thanked Fair Wear for its support.

2019-05-06 Resolved

This complaint case has been resolved.