Takko Holding GmbH, Complaint 418

CONCERNING LABOUR STANDARDS
Safe and healthy working conditions
STATUS
Resolved
DATE
2018-06-15

The complaint, a young worker (17 years old), reported a case of physical harassment by the factory's Chinese management. While she was working, the Chinese Administrator, a woman, came to her and slapped her in the face three times. She did not say anything so, the complainant was stunned. When the complainant tried to slap the administrator back in anger, her friends stopped her. Meanwhile, the husband of the Administrator, who is also one of the Chinese admin staff, arrived to the scene. He slapped and pushed the complainant away. They both immediately left the scene and the complainant in pain and shock. The complainant cried a lot as she was embarrassed in front of everyone. She contacted her family to come the factory. On behalf of the Chinese couple, the factory manager apologised and convinced the complainant to accept compensation. But the complainant wants justice and an apology from the perpetrators.

She later learnt from her friends and interpreters that the couple had a serious fight over her the night before because the husband saved the complainant's photo uploaded on Facebook and the wife saw it. The complainant added that there was no relationship between him and her. He often looks at her but she never shows her approval. The complainant's family came to the factory to talk to the factory manager but did not get any result as the perpetrators were out of the factory at that point. The complainant and the family want the perpetrators to apologise to them in front of everyone and their resignation or dismissal. If not, they are thinking of filing a lawsuit against them.

Findings and conclusions

On 15 June 2018, FWF’s complaints handler in Myanmar received a complaint from a young factory worker (17 years old), who reported a case of physical harassment by the a member of the Chinese management. While she was working, a Chinese admin worker, a woman,came to her and slapped her in the face three times. FWF declared this complaint admissible and informed Takko, the FWF member sourcing at this factory. Takko reached out to factory management, which acknowledged that the Chinese worker had slapped the complainant. It was explained that this was caused by a misunderstanding. It was indicated that the complainant's sister also slapped a Chinese worker in return. Later the factory manager had a meeting with the complainant, her mother, two women representatives and one man of the complainant's community, two factory worker representatives, and the supervisor of her work group. The outcome of the meeting was the following:

For the Chinese workers: (i) They have to stop working for 5 days until they realise their mistake; (ii) Warning letters were issued to both of them; (iii) They have to pay K 1,500,000 each as indemnity pay for the girl, for a total of K3,000,000.

For the complainant: (i) The factory manager apologised to the complainant and her mother on behalf of the Chinese workers; and (ii) The manager agreed that the girl and her sister leave the factory and pay them salary K600,000 each, which represents 3-months salary.

The complainant indicated that she was satisfied with the outcome. She confirmed that apologies were made to them. She also confirmed that she received K3,000,000 as compensation for the incident. In addition, the complainant and her sister both received compensation in the amount of K600,000 each which represents 3-months salary. Both girls resigned from the factory. The complaint has been resolved.

Overview of the complaint investigation

2018-06-15 Investigation

Takko immediately contacted the factory management and asked for its response.

2018-07-05 Remediation

After some delay (caused by the fact that the CSR manager of the factory was hospitalized), Takko received the following statement from the factory management:

Factory management acknowledged that the Chinese admin worker had slapped the complainant. It was explained that this was caused by a misunderstanding. It was indicated that the girl's sister also slapped a Chinese worker in return. Later the factory manager had a meeting with the girl, her mother, two women representatives and one man from the girl's community, two factory worker representatives, and the supervisor of her work group. The outcome of the meeting was the following:

For the Chinese workers:
(i) They have to stop working for 5 days until they realise their mistake;
(ii) Warning letters were issued to both of them;
(iii) They have to pay K 1,500,000 each as indemnity pay for the girl, total K 3,000,000.

For the complainant:
(i) The factory manager apologised to the complainant and her mother on behalf of Chinese workers;
(ii) The manager agreed that the complainant and her sister leave the factory and to pay them salary 600,000 kts each, which represents 3-months salary.

2018-07-11 Resolved

The complainant indicated that she was satisfied with the outcome. She confirmed that apologies were made to them. She also confirmed that she received K3,000,000 as compensation for the incident. In addition, the complainant and her sister both received compensation in the amount of K600,000 each which represents 3-months salary. Both girls resigned from the factory.