intermediate REPORT COMPLAINT IN tunesia AT FACTORY SUPPLYING expresso
In December 2015, FWF received a complaint claiming that management at a factory had recently increased the expected rate of efficiency by 5% without consulting with workers or their representatives. As a result, the complaint alleged, workers now must work overtime. Workers claimed that a meeting with management about the issue was denied.
Upon investigation, management alleged that in 2012 an agreement had been reached with workers. According to them, workers’ salaries would increase in exchange for higher efficiency targets. However, FWF could not find evidence that this process complied with local laws. Later, the member asked the factory for further explanation, but this was not satisfactory.
After the member contacted the factory, there were two meetings between worker representatives and HR personnel at the factory. As a result, the planned efficiency increase was not implemented. Workers indicated hey were aware of the positive role of the member in resolving the complaint. The result will be evaluated at the end of 2016. Based on this evaluation, a decision whether to conduct a verification audit will be made in late 2016.
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INTERMEDIATE REPORT OF COMPLAINT IN Turkey AT FACTORY THAT SUPPLIES hessnatur
In February 2014, three employees of a Turkish supplier of Hess Natur filed a complaint regarding unfair dismissals. The three workers claimed they had been dismissed because of union membership. A verification audit showed that the dismissals were carried out in accordance with the law, and during the workers’ official trial period. At the same time, though, the factory told the auditors that it did not allow union members in its factory. Workers were required to provide management with their ‘e-state’ passwords – through which social security information as well as union membership can be viewed. As this creates a high risk of violations of Freedom of Association and the right to Collective Bargaining, Hessnatur is required, as part of the remediation of this complaint, to ensure that the e-state passwords are no longer collected. In addition, it will engage with its supplier to improve communications internally.
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Updated Final REPORT COMPLAINT IN pakistan AT FACTORY SUPPLYING TAKKO
On 1 July 2014, FWF’s complaint handler received a complaint from a worker working for a factory supplying Takko. The complaint related to the standards ‘Freedom of association and the right to collective bargaining’ and ‘Legally binding employment relationship’ which are part of FWF’s Code of Labour Practices.
The complainant claimed that multiple rights were violated related to the freedom of association, workers have to do excessive overtime and some are paid below minimum wage. Takko contacted the supplier and asked for a reaction. Other brands sourcing in the same factory were contacted as well. Management recognised two of the three present unions. The investigation showed that there is a general lack of awareness among workers about their right to association and collective bargaining. The conclusion of the research was that the right to freedom of association and collective bargaining at the factory were hampered, and that minimum was not ensured for 30 workers, hired through a contractor. Due to lack of clarity of records no final conclusions could be drawn whether excessive overtime was found.
In February of 2015, the registration of one of the unions at the factory was cancelled. In October of that same year, CCC information showed that wage calculations for some workers was below legal minimum wage. Further investigations were carried out, but they were incomplete. It became apparent that Takko had no current orders at the factory, therefore an audit could not be planned.
Further, despite several reminders, FWF did not receive feedback from the complainant. Because the FWF member does not have leverage, FWF decided to close the case.
2016 update: From information from the factory and from assessments of other buyers it appears that several steps have been taken to increase awareness among workers about the two existing unions, freedom of association and worker management dialogue. Trainings have been provided and will continue to be provided. Steps have been made to correct non-compliance regarding payment of minimum wages, both in 2015 and 2016. From contacts with the complainant, information was received that there were concerns about some recent dismissals (from the period after the FWF carried out the audit in 2014) and about payment of wages. Representatives of CBL met with FWF and with CCC, and CBL indicated that it is open to dialogue with representatives of the workers that still have concerns and would share those concerns with the people that have been active with IMU. FWF welcomes the willingness of both parties to engage and hopes this will be an opportunity to find mutually-agreeable solutions. At the time of writing this update, initial steps haven been taken to engage in a dialogue.
*2017 update: Several meetings have been held between CBL and LEF who has been communicating the position of workers that faced problems. No meetings were held with worker representatives directly. The meetings have not led to any results so far (May 2017).
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final REPORT COMPLAINT IN thailand AT FACTORY SUPPLYING jack wolfskin
On 25 August FWF received a complaint from MAP foundation on behalf of workers working in a factory supplying Jack Wolfskin. The complaint related to the labour standards ‘Freedom of association and collective bargaining’ and ‘A legally binding employment relationship’, which are part of FWF’s Code of Labour Pactices.
The complainants claimed that 13 workers representatives were dismissed by the factory management due to their efforts and activities to represent the migrant workers at the factory. The factory management responded that some workers intended to attack the wife of the factory owner and factory manager. The 13 workers representatives were suspected of leading the attack. Three workers were fired for other reason that were unfair according to FWF and Jack Wolfskin. FWF and Jack Wolfskin agreed that the factory should negotiate with the remaining 10 representatives to come to an agreement for reinstatement or settlement.
In October, FWF was informed by some workers that the factory did pay certain compensation to the fired representatives. The exact amount was not verified as FWF did not have access to the factory due to lack of communication between Jack Wolfskin and the factory. In order to facilitate FWF verification process, Jack Wolfskin is expected to provide documentation from the factory on the payments to the fired worker representatives.
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INTERMEDIATE REPORT OF COMPLAINT IN Turkey AT FACTORY THAT SUPPLIES Hessnatur
On February 5 the local complaints handler of FWF had a meeting with the representative of the union in Istanbul, in a reaction to a news item about one of the suppliers for Hessnatur. The issue related to FWF’s standard ‘freedom of association’.
According to the information provided by representatives of the Textile, Knitting and Clothing Industry Workers’ Union of Turkey (Teksif) 140 workers, of whom 110 are union members, were dismissed. Plaintiffs also claimed that there is a blacklisting among textile factory owners.
The investigation showed that the group of workers and the union are willing to get in communication with the factory management to settle down the issue. FWF and the affiliate involved, together with three other international brands (non FWF mebers) collaborated, proposed factory to maintain an open dialogue with the Trade Union, to reinstate the dismissed workers as the factory started recruiting new workers, and FWF workplace education programme to be implemented in the factory. None of these proposals was accepted by the factory management.
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In a factory supplying FWF affiliate Mayerline, 37 workers were fired from the knitting department when they protested changes that were being implemented in the department. The workers were all union members.
The complaint was filed by the local union when the fired workers had already been protesting outside the factory for 80 days. With the support of FWF and its affiliate, a representative of the workers negotiated with the factory. As a result of these negotiations, the concearned workers were given the opportunity to be reinstated. 19 workers decided to accept, the others will receive a compensation. The factory and the worker representative agreed to continue the dialogue on working conditions from now on.
final REPORT OF COMPLAINT IN Turkey AT FACTORY THAT SUPPLIES Mayerline
In a factory supplying FWF affiliate Mayerline, 37 workers were fired from the knitting department when they protested changes that were being implemented in the department. The workers were all union members.
The complaint was filed by the local union when the fired workers had already been protesting outside the factory for 80 days. With the support of FWF and its affiliate, a representative of the workers negotiated with the factory. As a result of these negotiations, the concerned workers were given the opportunity to be reinstated. 19 workers decided to accept, the others will receive a compensation. The factory and the worker representative agreed to continue the dialogue on working conditions from now on.
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final REPORT COMPLAINT IN turkey AT FACTORY SUPPLYING O’Neill
In 2006, a complaint was filed concerning the Metraco factory in Turkey where (then) FWF affiliate O’Neill was sourcing. The complaint involved unlawful dismissal of union members and harassment of others, constituting an infringement on the right to Freedom of Association and Collective Bargaining and was found justified. The report can be downloaded here.
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final REPORT OF COMPLAINT IN turkey AT FACTORY THAT SUPPLIES hessnatur
A former employee of one of hessnatur’s turkish suppliers filed a complaint in March 2010, claiming unlawful dismissal because of union membership and harassment of workers who wanted to join a union. FWF found the complaint to be justified and set up a corrective action plan with hessnatur which included either re-hiring or financially compensating the worker. The factory, however, refused to comply until hessnatur, after repeated attempts to pressure the factory management, decided to halt production. The worker was reinstated after that. However, due to other – business – reasons, hessnatur decided not to go back to the factory, making further improvements and verification by FWF impossible.
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final REPORT OF COMPLAINT IN turkey AT FACTORY THAT SUPPLIES mcgregor
A complaint in Turkey concerned a factory supplying FWF affiliate McGregor. The complaint was filed by local trade union representatives and concerned unfair dismissal of union members. The dispute was settled in court in favour of the workers, but the factory kept refusing to reinstate them or where they did, harassment followed. After action by McGregor, an agreement was reached with the trade union, resulting in the dismissed workers being compensated. McGregor is currently working with the factory to improve the situation concerning Freedom of Association
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