Takko Holding GmbH, Complaint 327

CONCERNING LABOUR STANDARDS
There is no discrimination in employment Legally binding employment relationship
STATUS
Closed
DATE
2017-12-12

The complaint was made during the offsite interview. The complainant used to be a leader in cutting department for two years but he was fired in October, 2017 due to the conflict between him and the supervisor. According to the complainant, he asked for sick leave from the Chinese supervisor as he was ill around mid-September. The supervisor sarcastically told him to take leave for a month or two. After a while, the complainant fainted just in front of the Chinese supervisor but he did not approve him to take leave. However, the complainant was allowed to take 5-day leave by the SSB clinic. After he got back to the factory from the 5-day sick leave, the supervisor seemed unhappy about him. The supervisor chose two workers including him for loading a few carton boxes. As he had just recovered, his colleague let him stay to work on light tasks. But the supervisor pressured him to do loading and later threatened that he would change the complainant to logistics department for mowing the lawn. As this was unacceptable for the worker, he refused to change department. He angrily left the workplace telling the supervisor that he would rather resign. As soon as he left the cutting department, he realized that he forgot his water bottle so he came back to the department. However, the Chinese staff did not allow him to come in. The conflict escalated quickly as he attempted to come in while Chinese supervisors pushed him out. Finally, the security guards and Chinese supervisors tried to drag him out of the factory. A Chinese superior (the complainant is not sure if he is the factory manager or owner as he only visit the factory occasionally) pushed him hard in the chest and drove him out of the cutting department. They brought him up to the office and made him write a resignation letter. In the presence of the CoC manager and office staff, he was forced to resign as the management indicated that he would not be able to leave the room without having signed the resignation letter. At last, he decided to resign and wrote down the reason of resignation on the letter but the management suggested him to write that he resigned on his own will. He had to write the resignation letter four times until it became the kind of resignation letter they wanted. The township conciliation body suggested to negotiate on the case but the factory was not willing to reinstate him or compensate. To go further, the complainant cannot afford financially. Now, he is looking for a new job but still hoping to get his job back as he is a skilled worker.

Findings and conclusions

On 12 December 2017, during a FWF audit, a worker raised a complaint during the offsite interview. After the complainant had returned to the factory from his 5-day sick leave, his supervisor seemed unhappy about him. The supervisor chose two workers including him for loading a few carton boxes. As he had just recovered, his colleague let him stay to work on light tasks. But the supervisor pressured him to do loading as he thought that he was pretending to be sick to avoid the work. A conflict ensued. The management arranged him to move to the logistic department to avoid further conflict with his supervisor and explained him the expected role and salary at the logistic department. He agreed to it. Later on the same day, he changed his mind as he did not expect to mow the lawn at the first place. FWF observed that it is more about the management problem between the worker and the supervisor rather than violating the labour laws and FWF CoLP. From the clarification with him again on 2 February 2018, he was determined to resign out of anger and resentment although he was given the chance to move to another department. Therefore, it is regarded as the resignation with his own will. FWF explained the result of the investigation to the complainant. He accepted the investigation result.

Overview of the complaint investigation

2018-01-29 Investigation

FWF organised the investigation team to do offsite interview with three witnesses chosen by the complainant. and onsite interview for the complaint. FWF did the onsite interview with witnesses who were involved and also present at the time of the incidence.

2018-01-29 Conclusion of the investigation

FWF concluded that it was not forced resignation but the communication breakdown and lack of skills in performance management is the main cause of the problem. Firstly, the supervisor was not satisfied with his performance, but did not explain him well how he should improve in a language that the worker understands. The worker was degraded and then moved to another section instead. Secondly, the worker got sick and was on leave for five days, and the supervisor got upset about it. Since the worker was still in his recovery stage, he was still weak and could not carry heavy boxes. The supervisor thought that he was pretending to be sick to avoid the work, and then asked him to move to another department. The management arranged him to move to the logistic department to avoid further conflict with his supervisor and explained him the expected role and salary at the logistic department. He agreed to it. Later on the same day, he changed his mind as he did not expect to mow the lawn at the first place. FWF observed that it is more about the management problem between the worker and the supervisor rather than violating the labour laws and FWF CoLP. From the clarification with him again on 2 February 2018, he was determined to resign out of anger and resentment although he was given the chance to move to another department. Therefore, it is regarded as the resignation with his own will.

2018-03-02 Closed

FWF explained the result of the investigation to the complainant. He accepted the investigation result.