An Open Letter of Robust’s Employees to the Management of Danone

According to Caixin, workers at a bottled water plant owned by Danone China, the French multinational food corporation headquartered in Paris, held a two-weeks strike related to the sale of a subsidiary, Robust 乐百氏,  to a private company based in Shenzhen. Their grievances against the French multinational were raised in an open letter that has been widely circulated on the Weibo microblogging site.

The letter is of interest, because it contains allegations of the subsidiary’s non-compliance with  the sustainability policy the Danone Group has adopted for the Chinese market. The sustainability policy for the Chinese market is available on the Group’s website at the page “social innovation“. Information about the Danone Group’s global sustainability policy is available here. The Danone Group’s position papers and policies on women empowerment, climate, palm oil, sustainable agriculture, forests, the environment, GMOs, animal welfare, and packaging are available here. The history of Danone’s investments in China is outlined here.

Robust (Guangdong) Drinking Water Co. Ltd. Guangzhou Branch Staff

An Open Letter to Danone China

To the Management of the China Danone Group,

We are the Guangzhou personnel of China Danone Soft Drinks and Water Division’s Robust Guangdong Drinking Water Co. Ltd. At present our company has a total staff of 69 people. Since the Guangzhou Branch of Robust Guangdong Drinking Water Co. Ltd. was established more than 10 years ago, we have conscientiously been at the company’s service, and the branch’s average yearly profit of more than RMB 12.000.000 is the fruit of the hard work of our workers.

For a long time, we have put up with factory overtime, working continuously for 23 hours on the longest workday, and reaching more than 100 hours of overtime per month. Annual leave has been used to compensate for the work time, requiring workers to get to work in the very first hours of the morning of statutory holidays to avoid payment of the 300 per cent overtime wage due on the statutory holidays. Danone and Robust have adopted all means to seek to maximize the interest of the company. In bearing the burden of work willingly, we only hoped to help Danone create more profit. We also take pride in our work at Danone Group, and we have a strong sense of belonging and a sense of honor towards Danone.

But on November 3, 2016, China Danone Soft Drinks and Water Division’s Robust Guangdong Drinking Water Co. Ltd. suddenly informed us that Robust had already sold the majority shares to a Shenzhen private company without first convening a meeting with the employees to inform them.

We have been working hard at Danone for more than 10 years, and more than half of the employees have enjoyed more than 10 years of service. Many employees were young men and women, and they have now become elderly men and women. Because of years of hard work, several employees have been suffering from osteoproliferation and other problems. But Danone, citing as a reason that the company name has not changed, violated the labor law by refusing to pay the severance pay provided for by the labor law, and directly deprived us of our right to freely chose whether to stay at Danone, go to Robut or leave Danone, which completely deviates from the corporate culture of “being people-oriented, open-minded, affinity and trust, enthusiasm and positivity”, puts to shame Danone’s self-styled title of “best employer”, and even more outrageous is that the company “China Danone Beverages” fundamentally does not exist, and it has nakedly cheated us and raped our feelings towards Danone!

We believe that:

1. Danone Robust has transferred some employees to Yili, while forcibly leaving other employees at Robust, violating the principle of fairness;

2. Before the sale, [Danone] has not communicated with the staff, it has not given employees the right to choose, it has strongly required employees to comply with this way of doing things, violating Danone’s corporate culture of “being people-oriented, open-minded, affinity and trust, enthusiasm and positivity”;

3. Under the management of Danone, Robust has required employees to work in excess of overtime, repeatedly violating labour law provisions, damaging the collective interest of employess, and this should no longer be tolerated.

4.  Danone in China has maliciously evaded the labor law, at the same time when Danone changed the name of the company, it did not give us a compensation citing as a reason that while the labour contract had changed the shareholder had not. Now that Robust has been sold, it has not given compensation citing as a reson that while the shareholder has changed the labour contract has not.

The employees of our branch will come together to fight for their rights, therefore we submit the following requests to the company’s head office and factory: 

1.     Not to receive incentive payments;

2. We asks for severance pay, with annuities calculated according to 2n+1, with a level of severance pay calculated according to the average annual salary before taxes, and to be paid in one installment;

3.  That the social insurance and housing fund contributions that have not been made for some workers be paid according to the rules, together with the outstanding overtime pay.

4.  After the ownership has changed, we require that employees are guaranteed their employment, and that their tasks, pay, benefits, intensity of work do not change, that employees can autonomously decide to stay, and that a yearly salary adjustment of at least 5 per cent for each employee is maintained.

5. Because the company was sold, a loss of confidence in the brand by retailers and consumers may cause an uncontrollable impact, and cause the company not to meet its KPIs but, monthly, seasonal and yearly bonuses shall be delivered and not be less than100%.

6.  That the disciplinary sanction against employee Fan Huarong be cancelled, and a written apology be made; that his salary as an employee be paid as usual for the time of suspension, that no retaliations are made against employees or their representatives after they have resumed work, that workers do not resume work until an agreement between both parties has been reached on this matter, and that under no reason does the company put pressure on employees, punishes, or dismisses them.

7. Employees who have been injured and have contracted occupational diseases as  hearing loss, bone hyperplasia and lumbar disc herniation, and spondylosis during their period of work must receive special compensation.

8. Dual-career couples (husband and wife both working in the factory) and pregnant women need extra compensation.

Those above are the requests of our employees, please do reply to us before November 16.

We hope that Danone will carefully consider the demands of its employees, and we ask that Danone to longer use various means and various channels to suppress the workers, but to engage in dialog in good faith. We will equally appeal to the public, hoping that the outside world will pay attention to the the requests raised by our staff, and provide its support. At the same time, we hope that the higher level goverments and trade unions will supervise Danone, and respond to our requests, guaranteering our labour rights.

 

Robust (Guangdong) Drinking Water Co. Ltd. Guangzhou Branch Staff

14 November 2016

 

A copy of this open letter is sent to the French Headquarters of the Danone Group, the Asia-Pacific Headquarters of the Danone Group, China Danone, the Guangzhou Labour Departments at all levels, and the trade union.

乐百氏(广东)饮用水有限公司广州分公司员工

致中国达能集团的公开信

中国达能集团管理层:

我们是中国达能饮料水事业部乐百氏(广东)饮用水有限公司广州分公司的员工。目前我们公司总共有员工69人。自从乐百氏(广东)饮用水有限公司广州分公司成立后,十多年来,我们一直兢兢业业为公司服务,分公司年均为达能赚取1200多万的利润,这是我们工人辛苦劳动的成果。

长期以来,我们一直忍受工厂超时加班,最长每日连续工作23小时,每月加班时间可达100小时以上;甚至将年假用来抵工时,要求员工在法定假日翌日凌晨上班以规避法定假日3倍加班工资;达能乐百氏穷其一切手段,以求公司利益最大化。但我们任劳任怨,只是希望帮助公司创造更多利润。我们也以在达能集团工作为荣,对达能,我们有着强烈的归属感和荣誉感。

但是,2016年11月3日,中国达能饮料水事业部管理层突然通知我们,乐百氏已经整体出售给深圳民营企业盈投控股,而此前从未与员工召开沟通会。我们在达能辛苦工作十几年,一半以上的员工都超过十年的工龄。很多员工都从年青小伙和小姑娘,变成了老大叔、老大妈。因常年辛苦劳作,很多员工甚至患上了骨质增生等毛病。但是达能却以公司名称未变为由,规避劳动法,拒绝赔付劳动法规定的“经济补偿金”,并且直接剥夺了我们自主选择“留在达能”、“去新乐百氏”或是“离开达能”的权利,完全背离了达能一直标榜的“以人为本、开放心态、亲和信赖、热忱向上”的企业文化,更有愧于达能一直自封的“最佳雇主”称号,更为离谱的是“中国达能饮料”这个公司根本不存在,赤裸裸的欺骗和强奸了我们对达能的感情!

我们认为:

1、达能把乐百氏的一部分员工转到益力,强制性的把另外一部分员工留在乐百氏,违背了公平的原则;

2、出售前不提前和员工沟通、不给员工自主选择的权利,强势要求员工必须服从的做法,更是违背达能“以人为本、开放心态、亲和信赖、热忱向上”的企业文化;

3、乐百氏在达能管理下,要求员工超额加班,屡次违反劳动法规定,损害集体员工劳动权益,不应再被纵容。

4、达能在中国恶意规避劳动法,达能脉动工厂变更公司名称时,以变更劳动合同而股东未变为由,不予补偿;现在乐百氏整体出售了,又以变更股东而合同未变为由,不予补偿。

我们分公司的员工将团结一致争取我们的权益,因此我们向总公司及厂方提出如下诉求:

1.     不接受激励金;

2.     要求赔偿经济补偿金,补偿年限按2n+1,补偿标准按年平均应发税前工资计算,补偿需一次性支付;

3.     部分员工社保、公积金未缴付的按规定补缴;补偿超额加班费。

4.     股权变更后,要求保证员工原岗位工作,工作内容、待遇、福利、工作强度均不得变化,员工可自主决定去留;每年每位员工维持至少5%以上的调薪幅度。

5.     因公司被卖,水店和消费者可能对品牌失去信心等不可控因素的影响,如导致公司的KPI不达标,但月度奖、季度奖、年终奖等应以不低于100%发放。

6.     撤销对员工范华容的违纪处分,并书面道歉;停工期间照常给予员工发放工资,停工期间及复工后不能打击报复员工及员工代表;双方未谈妥上述等事项前,员工坚决不复工且公司不能以任何理由向员工施压,不能处罚或者开除任何员工。

7.     员工曾受工伤的、以及工作期间造成听力下降、骨质增生、腰椎间盘突出、颈椎病的等职业病的,必须予以专项赔偿。

8.     双职工(夫妻二人均在厂内工作)及孕妇需要额外补偿。

上述是我们员工的诉求,请于11月16日前与我们回复。

我们希望达能认真考虑员工的诉求,我们要求达能不再通过各种方式、各种渠道打压员工,而是有诚意的和员工进行对话。我们同样会诉诸公众,希望外界能够关注本厂员工提出的诉求并给予支持。同时,我们亦希望上级政府和工会监督达能,回应我们提出的诉求,保障我们的劳动权益。

乐百氏(广东)饮用水有限公司广州分公司员工

2016年11月14日

此公开信同时抄送达能集团法国总部、达能亚太中国达能集团,中国达能饮料及广州市各级劳动部门及工会。

备注:

范华容事件:11月9日乐百氏向广州分公司员工范华容下达违纪处分通知书,源于管理层对范华容参与提出诉求的行为及因被人推搡而被动抓破管理人员衣服的报复,被取消年度绩效等,对此范华容已对不实指控做出申诉,其本人也被管理人员推搡导致软组织挫伤。

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