final REPORT COMPLAINT IN china AT FACTORY SUPPLYING Acne Studios, Jack Wolfskin, Kjus, Odlo, Schoeffel and Vaude
On 25 March 2015 FWF received a complaint through it’s local complaints handler in China from a worker working for a factory supplying the above brands. The complaint related to the following labour standards, part of FWF’s Code of Labour Practices: ‘Employment is freely chosen’, ‘Reasonable hours of work’, ‘Payment of a living wage’
The complainants reported that workers were forced to do excessive overtime hours in case of tight delivery and that these hours of overtime weren’t paid at all. Moreover, the complainant indicated workers are coached to give favourable answer to the audit team’s question during the interview process.
FWF informed the four affiliates about the case and requested the affiliates to contact the supplier and ask for a reply. FWF analysed the most recent audit that took place at this supplier in March 2014. The audit did not conclude excessive overtime for the packing department.
However, the complainants provided further details about their woking hours. The factory confirmed they cannot prevent overtime during peak season, particularly given the tight deadlines required by their clients. The factory argued that overtime is always voluntary, meets government requirements and is paid in compliance with government requirements. Complainants said they worked extra hours without recording them, so they are not checked and monitoring.
FWF recommended a root cause analysis of excessive overtime and discussing with the factory how production planning can take pressure off the factory. However, the six FWF members have leverage of less than 6% at the factory. In the Corrective Action plan for a verification audit from November 2015, it was also stated that the Factory must adopt a system where all working hours are recorded and monitored via punchcards.
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Final report of complaint in Bangladesh at factory that supplies Kwintet – October 2013
On 22 October 2013 FWF received a complaint from local trade union National Garment Workers Federation (NGWF), through FWF’s liaison officer. The complaint concerns the labour standards ‘no discrimination in employment’ and ‘a legally binding employment relationship’.
NGWF claimed that a female worker was harassed at the factory. A number of workers organised a protest on this event. The management fired 59 workers. In addition, the factory filed cases against 19 workers on the ground of criminal offence and for leading violent activities. The case was considered admissible on 24 October, 2013.
A female line supervisor scolded a female sewing machine operator on 30 September, which started a conflict that led to the operator being suspended.On 30 October, workers decided to protest, and stopped working, demanding the reinstatement of the operator. They also demanded three male supervisors be removed from their posts because of abusive conduct. Management agreed and fired the four line-level supervisors. As news spread, floor-level management disagreed with the decision, and stopped working. Workers decided to start working without supervision. This led to further unrest.
In the aftermath, the factory terminated 10 workers, with termination benefits and full employment benefits and pressed cases against a number of workers for participating in the conflict.
The investigation by FWF local audit team found that the cause of the unrest was the frequent verbal and psychological abuse of floor level management. The factory does not have a very strong grievance handling mechanism and effective communication in place. Moreover protested workers failed to negotiate with the top-management and with the Export Processing Zone authority. Nevertheless, violence is never justified.
Result
Kwintet local office demonstrated sufficient effort to invite factory management to negotiate with the layoff workers represented by NGWF. It is understood by both parties that the case was settled,though such incidence was highly unacceptable. They also agreed that it had happened due to both weak grievance mechanism and management system in the factory, and the lack of knowledge of workers on their legal rights and responsibilities.
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final REPORT OF COMPLAINT IN china AT FACTORY THAT SUPPLIES Kjus
On 25 September 2013 FWF received a complaint related to the standard ‘reasonable hours of work’ from a worker, working for a factory supplying LK International AG.
The worker informed FWF’s complaints handler that she expected that workers were not allowed off during the upcoming national holidays due to a thight delivery. At the time of the complaint, the violation did not yet occur but FWF decided to contact LK International AG in order to seize the opportunity and see if the affiliate could avoid the violation from happening. At the time no production was being done for LK International and they could not make any delivery extensions in order to influance the situation.
When checking after the holidays, the supplier confirmed that workers had to work on one of the three days of holiday. For monitoring purposes, the complaint has been included in the Corrective Action Plan of the audit that was conducted in the beginning of September. LK International will further work on remediation of the Corrective Action Plan. In this specific case the plaintiff was paid correctly for working during the holiday.
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intermediate REPORT OF COMPLAINT IN china AT FACTORY THAT SUPPLIES Maier Sports
On 24 October FWF received a complaint from a worker working in a factory supplying Maier Sport. The complaint related to four labour standards: ’employment is freely chosen’, ‘reasonable hours of work’, legally binding employment relationship’ and ‘payment of a living wage’
The plaintiff filed mutiple complaints but given that Maier Sports will no longer continue working with this supplier, no remediation at this factory can take place. Verification with the plaintiffs was not possible, since FWF’s complaints handler was not able to contact the plaintiffs again. At the next Performance Check, FWF will verify the affiliates’ effort to analyse and set up a plan to reduce excessive overtime and to improve the social security coverage at Chinese suppliers. In addition, as part of the Performance Check FWF will review the affiliate’s efforts to implement steps towards payment of a living wage.
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FInal REPORT COMPLAINT IN china AT FACTORY SUPPLYING Mammut, Jack Wolfskin and Haglofs
On 17 December 2013 FWF’s complaints handler received a complaint from a worker working for a factory supplying Mammut, Jack Wolfskin and Haglofs. The complaint related to the standard ‘reasonable hours of work’ which is part of FWF’s Code of Labour Practices.
FWF informed the affiliates about the case. Mammut contacted the supplier. Factory management confirmed they worked overtime hours during peak months. The supplier indicated the main reason for having overtime hours is lack of workers during peak season before Chinese New Year and bad quality of fabric.
Mammut, Jack Woflskin and Haglofs are expected to analyze and set up a plan to reduce excessive overtime. Mammut scheduled a meeting for March to discuss next season’s order schedule and capacity booking. A verification audit was conducted at the end of March 2014. The audit verified workers have one day off every 7 days. Excessive overtime was still an issue, particularly during peak season. Contrary to the previous audit finding, the working hours are now completely recorded by the fingerprint attendance system.
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Final REPORT COMPLAINT IN China AT FACTORY SUPPLYING mammut
On 26 November and 16 December 2013 FWF’s complaints handler in China received a complaints report from a worker working in a factory supplying Mammut. The complaints related to the following standards of FWF’s Code of Labour Practices: ‘Employment is freely chosen’ and ‘reasonable hours of work’
Two workers informed FWF that the factory limits workers to resign from the factory. According to the plaintiff, workers lose their last month’ salary if they do leave the factory. Also, workers have to work excessive overtime when they cannot complete production quota.
One of two plaintiffs was willing to disclose his identity, Mammut was able to resolve his case in cooperation with the supplier. Mammut is expected to analyze and set up a plan to reduce excessive overtime. FWF encourages Mammut to schedule another audit in March 2014 to verify the above.
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final REPORT COMPLAINT IN China AT FACTORY SUPPLYING Odlo
On 7 October 2013 FWF received a complaint through its local complaints handler, the complaint was related to FWF’s labour standards ‘reasonable hours of work’ and ‘payment of a living wage’.
Although management of the factory denies it, excessive overtime and issues regarding payment of a living wage was found during the latest audit in September 2013 and corroborate the findings from the plaintiff. The affiliate has put forward a proposal to the supplier to have management sit down with workers and dicuss the piece rate calculation. Given that production at this supplier is being phased out, Odlo is no longer in the position to follow up on complaint. FWF will verify affiliates’ effort to analyse and set up a plan to reduce excessive overtime.
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Intermediate REPORT COMPLAINT IN China AT FACTORY SUPPLYING Hessnatur and Triaz
On 27 March 2013 a complaint was received by FWF through its local complaints handler in China, filed by a worker of a factory supplying Hessnatur and Triaz. The complaint was related to FWF’s labour standards ‘reasonable hours of work’.
In both March and April FWF received a complaint from a worker about forced excessive overtime. Factory management admitted to overtime due to the fact that the factory had to catch up with production tasks because of the 9 day-off period after Chinese New Year. After considering all findings, FWF concluded excessive overtime took place in the factory. The case indicates there is no efficient production planning that can manage regular reasonable working hours. FWF suggested that the factory would benefit from a training on dispute handling in the workplace and recommended a WEP training at the supplier, which then took place on 10 July 2013. Despite several attempts, FWF has not been able to get in touch with the plaintiff again to receive an update after the WEP training was conducted.
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Intermediate report of complaint in Bulgaria at factory that supplies Heigo
On 12 December FWF received two complaints of a worker, representing five people, working for a factory supplying Heigo. The complaints related to FWF’s standards ‘reasonable hours of work’ and ‘living wage’.
Heigo contacted the supplier immediately. The excessive overtime was the result of a number of factors. Heigo responded quickly and effectively to the complaint and undertook a number of steps which can be read in this repport. FWF will conduct a Verification audit at the end of 2014 to check whether or not the issue of excessive overtime has been resolved effectively in terms of working hours and proper payment of overtime. At the next Brand Performance Check, FWF will check to see if Heigo’s efforts to reduce excessive overtime have been implemented effectively.
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Final REPORT COMPLAINT IN China AT FACTORY SUPPLYING Kwintet
On 7 November 2013 FWF received a complaint regarding several standards of FWF’s Code of Labour Practices in which the worker referred to a recently conducted audit.
The first step was to check whether the audit the plaintiff referred to was initiated by Kwintet, which was not the case. Kwintet did an annual audit on 28 February and 1 March 2013 and shared the report with FWF. After reviewing the report, they concluded the findings from the complaint did not appear in their report. In consultation with Kwintet, FWF decided to schedule an audit to investigate the status by a Fair Wear Foundation audit team of which the findings can be read in this document. Kwintet is requested to analyse and reduce excessive overtime at the supplier.
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