Vaude Sport GmbH & Co. KG, Complaint 620

CONCERNING LABOUR STANDARDS
Employment is freely chosen Legally binding employment relationship
STATUS
Resolved
DATE
2019-02-26

A worker working with the factory for about 10 years sent his/her resignation letter to the line leader on 12 February 2019. However, his/her resignation letter was not approved. After calling the helpline, he/she was advised to contact the HR manager and the union representative. However, after doing so his/her issue remained unsolved. On 22 March 2019 the complainant called the FWF helpline and said that was still waiting for his/her resignation to be approved.

A similar case was filed by another worker on 24 March 2019. The second complainant called the FWF helpline and said that was still waiting for his/her resignation to be approved.

A third worker called to complain on 2 April for the same issue. He/she sent the resignation letter to his/her line leader and supervisor on 16 February and had already met with the union representative without success.

Findings and conclusions

A worker working with the factory for about 10 years sent his/her resignation letter to the line leader on 12 February 2019. However, his/her resignation letter was not approved. After calling the helpline, he/she was advised to contact the HR manager and the union representative. However, after doing so his/her issue remained unsolved. On 22 March 2019 the complainant called the FWF helpline and said that was still waiting for his/her resignation to be approved. A similar case was filed by another worker on 24 March 2019. The second complainant called the FWF helpline and said that was still waiting for his/her resignation to be approved. A third worker called to complain on 2 April for the same issue. He/she sent the resignation letter to his/her line leader and supervisor on 16 February and had already met with the union representative without success.

On 28 March the member informed the factory and asked for feedback.
On 10 April, the factory shared the resignation procedure with the brand and explained they will implement it and make sure workers can resign when they respect the notice. The factory manager admitted that the atmosphere was not good in the factory with many workers wanting to resign. He also understood that they should approve the resignation letters. He is also planning to do a workers survey to find out the level of satisfaction and also what needs to change to improve the situation.

In June, two workers agreed to share their identities so their terminations could be settled. Management of Vaude brand decided to discuss several issues with the factory, including resignation process.
At the end of June, one worker decided to continue working at the factory, one decided to leave unilaterally because frustrated with the lengthy process, and the third worker could discuss the resignation with the HR manager. That worker was happy although it took a very long time to solve the issue. He/she

The third worker received his/her salary for June and his/her social insurance book on 27 August. Ther first worker received the remaining salary on 25 September and his/her social insurance books on 26 October. In the end, the factory settled all the payments for the second worker as well. So all cases were resolved.

The case was fully resolved at end of October 2019. The member brand should still follow up on resignation issues by discussing improvement with the production location.

Overview of the complaint investigation

2019-04-04 Investigation

FWF complaints handler talked with all 2 complainants.
-The first worker said that (s)he hasn't met the HR manager and Labor Union representative yet, but a new HR officer who promised to resolve his/her termination after a month later. The complainant wants FWF help.
- The second worker had a meeting with the HR manager (who is also labor Union representative) on 3rd April 2019 but not yet resolved.The HR manager has required the worker to stay and work until the end of July 2019 but (s)he did not agree. (S)he said that she applied a termination letter on 20 Feb 2019 and informed the factory 45 days in advance as required per law.

2019-04-10 Investigation

The factory shared the resignation procedure with the brand and explained they will implement it and make sure workers can resign when they respect the notice.

The factory manager admited that the atmosphere at the moment is not good in the factory and that this is the reason why workers want to resign.
He also understood that we cannot accept that they do not approve the resignation letters.
He is also planning to to a workers survey to find out
the level of satisfaction and also what needs to change in order to keep the workers.

2019-04-17 Investigation

Worker #1 said that factory settled for her/him to quit her/his job at the end of June and (s)he agreed. However, (s)he still hasn't received any confirmation in writing from the factory.

Worker #2 The supervisor met the complainant. (S)he said that if the complainant agreed to leave at the end of July, the complainant applied a termination letter for approval. The complainant has replied that (s)he could only work until the end of May 2019 and filed the complaint to the District Trade Union

Worker #3 met the new HR officer who said that (s)he can resign at the end of May but nobody approved the termination letter yet.

2019-06-18 Remediation

Two out of three workers accepted to share their identity after the complaints handler and verification officer agreed it would help with solving their cases.

2019-06-24 Remediation

Management of Vaude brand decided to discuss several issues with the factory, including the resignation process.

The complaints handler called to check on each complainant case's status:
The worker #1 said that after having a meeting with the HR manager, (s)he agreed to continue to work until 31 August 2019 and (s)he is allowed to work until 5:30 PM every day from now to 31 August (instead of having to work till 9 PM as other workers). (S)he said that (s)he is very happy to be given a lawful termination without having to pay a fine. Therefore, (s)he accepted to continue to work until 31 Aug. (S)he wishes FWF could help other colleagues to terminate their labor contract lawfully.

Worker #2 resigned on 15th of June because no one resolved his/her claim. (S)he requested an appointment to meet the HR manager many times but he/she did not meet /him/her. Too tired to wait that the issue would be resolved legally, (s)he quit her job unilaterally.

Worker #3
(S)he confirmed that the HR manager met him/her on 14th June to resolve his/her termination after postponing many times. After a few days, the line leader gave him/her the factory's termination form to fill out. (S)he agreed to leave on 30 June as the signed termination form. (S)he said that she is very happy about the resolution of her complaint although it took a long time. (S)he had applied for ending her labor contract initially on 16th of February. (S)he hopes FWF can help his/her colleague (worker #2) to resign lawfully.

2019-08-27 Verification

Worker #3 received his/her salary for June and his/her social insurance book on 27th of August.

2019-08-28 Evaluation of the complaint

Worker #3 thanked FWF for helping. (S)he said if (s)he did not call the FWF hotline, the factory would never have approved his/her termination nore returned the insurance book.

2019-10-15 Remediation

Worker #1 received the payment of August on 25 September 2019 but has not received her/his Social Insurance book yet.

Worker #2 who had quit his/her job without approval on 14 June 2019. The factory did settle and returned the Social Insurance books on 7 Oct 2019. (S)he was not paid the last month's salary (for working days from 1~14 June). But because she breached the contract unilaterally, the HR said (s)he had to pay a compensation instead. S)he agreed and is happy with the complaint's outcome.

Worker #3 received the social insurance books. Her/his case is resolved.

2019-10-28 Verification

Worker #1 received his/her Social Insurance books on 26th October.

The three complainants terminations were approved in the end, and they all received their social insurance books without having to pay a fine.

2019-10-28 Resolved

This case is resolved. The member brand should still folllow-up on termination issues by discussing improvement with the production location.