Takko Holding GmbH, Complaint 393

CONCERNING LABOUR STANDARDS
Employment is freely chosen Reasonable hours of work
STATUS
Resolved
DATE
2018-05-14

The complainant reported that they were forced to stay extra 10 minutes after overtime. According to the complainant, the factory has recently been getting busier and is planning to add one more OT hour. In the morning of 14th May, the supervisors informed the line leaders that the workers had to work until 18:30 instead of usual 18:20 When the workers tried to scan their face for out-record at 18:20, their line leaders stopped them saying the supervisors asked them to work until 18:30. The supervisors were standing in front of the face scanning machine in order to block them from logging out. She added that the union leader is also aware of it but has no power to intervene. She therefore told the workers to work if they would be be paid for the extra minutes. However, the workers are not convinced that they would be paid. Moreover, the complainant informed that although the overtime is claimed to be voluntary, the workers are not allowed to deny overtime as they are scolded by their leaders, scrutinized and threatened to be given warning letters by the supervisors.

Findings and conclusions

On 14 May 2018, FWF's complaints handler in Myanmar received a call to from a factory worker, who claimed that the workers were forced to stay 10 minutes longer after the usual overtime hours. In the morning of 14 May, the supervisors informed the line leaders that the workers had to work until 18:30 instead of usual 18:20. When the workers tried to scan their face for out-record at 18:20, their line leaders stopped them saying the supervisors asked them to work until 18:30. The complainant is not sure whether they will be paid for the extra overtime. The complainant also claimed that although the overtime is said to be voluntary, the workers are not allowed to deny overtime as they are scolded, scrutinized and threatened to be given warning letters by the supervisors. FWF declared this complaint admissible and informed Takko, the FWF member company sourcing at this factory. Takko reached out to factory management, who responded that they have talked with the union leader/ supervisors/team leaders and some workers to investigate this matter. The investigation showed that there was additional OT for some workers in four different sewing lines. The additional OT for these lines was estimated to be about 5 to 10 minutes by May 14, 2018. The factory management stated clearly to all the supervisors and team leaders that they should not arrange any additional OT for any reason, they can not force the workers to work for OT as this must be voluntary. FWF contacted the complainant and learnt that the management has taken action and supervisors apologized to the workers. It has not occured again since then. Moreover, there used to be a practice where workers were given warning letters when they could not reach the target but now, the CSR manager is constantly educating the supervisors and leaders that it is illegal to give warning letter when workers cannot meet the target. The complainant heard that he does not accept such warning letters anymore. The complainant is satisfied with the outcome of the complaint.

Overview of the complaint investigation

2018-05-22 Remediation

Takko immediately requested a response from the factory management. On 22 May 2018 the factory management responded that it has talked with the union leader/ supervisors/team leaders and some workers to investigate this matter.

The investigation showed that there was in fact additional OT for some workers in four different sewing lines. The additional OT for these lines was estimated to be about 5 to 10 minutes on May 14, 2018. The factory management stated clearly to all the supervisors and team leaders that they should not arrange any additional OT for any reason, they can not force the workers to work for OT. They should find the solution to finish the work within working time and within the permitted OT time. The OT must be voluntary.

Factory management added that there are some new supervisors recently and it will conduct additional training on the OT policy within this month for all the supervisors, especially the new supervisors. Factory management guaranteed that there will be no additional OT like this in the future. Supervisors have been instructed that the OT time must be within the permitted OT hours from the government. Management also checked its attendant scan system, the latest check out time is 18:27 on May 14, 2018. And our normal OT time is 18:20. It is allowed that there is 15 minutes allowance for the attendant system.

2018-06-13 Resolved

FWF contacted the complainant and learnt that the management has taken action and supervisors apologized to the workers. It has not occurred again since then. Now, most of the workers understand that OT is voluntary because the CSR manager always announced it through the microphone. Mostly, the supervisors and leaders request instead of demanding OT from the workers.

Moreover, there used to be a practice were workers are given warning letters when they could not reach the target but now, the CSR manager is constantly educating the supervisors and leaders that it is illegal to give warning letter when workers cannot meet the target. The complainant heard that such such warning letters are not accepted anymore. The workers are very happy about it.