Takko Holding GmbH, Complaint 179

CONCERNING LABOUR STANDARDS
Reasonable hours of work Legally binding employment relationship
STATUS
Closed
DATE
2016-08-03

A former worker presented a complaint against a factory claiming that, after complaining about excessive overtime, the worker was told to stay home on the day of a visit by a FWF auditor. This led the worker to resign. Further, it was unclear whether this overtime was paid at the established rate.

Findings and conclusions

On 3 August 2016, a former worker presented a complaint against a factory claiming that, after complaining about excessive overtime, the worker was told to stay home on the day of a visit by a FWF auditor. This led the worker to resign. Further, it was unclear whether this overtime was paid at the established rate.

On 5 August, FWF auditors visited the factory to investigate the complaint, interviewing more than 18 workers, and conducting a visual inspection among other measures.

Based on all information collected during the investigation, FWF concluded that the complaint was not grounded. The complaint is now considered closed.

The complainant was informed of the outcome, and said to have learnt from workers still employed at the factory that the HR manager called a meeting after the visit by FWF to ask workers to approach him
instead of calling the FWF hotline in case of complaints.

Overview of the complaint investigation

2016-08-17 Investigation

Two FWF auditors visited the factory on 5th August to investigate the complaint.
More than 18 workers were interviewed on the shop floor from all sections/divisions of the factory which included both female and male workers. Some of the workers recognized the worker interviewer from a previous audit several years ago and were hence open in their communication.
In addition, the auditors also conducted a visual inspection, interviewed factory management, a local Takko representative and inspected relevant documents.

2016-08-17 Conclusion of the investigation

All interviewed workers claimed that overtime is always informed two to four hours in advance; it is never forced and does not exceed 2 hours per day (between 6 – 8 PM) and a maximum of four to six hours per month. Overtime hours are recorded and paid as double wages along with the salary.
The records review and on triangulation between the records, the findings are as follows: Overtime is recorded in the attendance log sheet; the overtime was for about two hours per day (between 6 – 8 PM) and for about four to six hours per month; not all the employees had done overtime; double wages were paid for overtime hours and was
documented in the salary slip and acquaintance record. The maximum overtime per month was eight to ten hours in the month of April, May and June of 2015.
On visual inspection there were no workers from North India. Based on the names recorded in the attendance register, the audit was not able to identify any North Indian worker employed in the premises in the past six months.
The factory is audited regularly by the Takko audit team. A representative of Takko visits the factory continuously.
The factory management informed the investigation team that the previous factory manager was asked to resign on disciplinary ground recently. Since then, two complaints had been received through the FWF complaint hotline, whereas no complaints were received before. Factory management feels that the dismissed factory manager might have initiated the complaint calls.
Based on all information collected during the investigation, FWF concludes that the complaint is not grounded.

2016-08-17 Remediation

As the complaint is not grounded, no remediation steps are required.
FWF recommends Takko to pay special attention to the possibility of undisclosed migrant workers and excessive overtime hours in future audits.
While the factory is correct to ask workers to use internal grievance structures (like approaching the HR person) before calling the FWF hotline, workers should also know that they are free to call FWF without any negative consequences if they feel they are unable to solve their problem internally.

2016-08-17 Evaluation of the complaint

FWF called the complainant to inform him/her about the outcome of the investigation.
The complainant shared that s(he) learnt from workers still employed at the factory that the HR manager called a meeting after the visit by FWF to ask workers to approach him instead of calling the FWF hotline in case of complaints.

2016-08-17 Closed

This complaint is closed.