Esteemed: German Federal Government Deutscher Gewerkschaftsbund Board of Directors of German Xella Group
German Government Please PayAttention to Human Rights Situation in Part of German-Owned Enterprises in China
Appeal Letter to Board of Directors of German XellaGroup:
I: LiLihui Position: Director of Logistics Department of XellaBuilding Materials (Tianjin, China)Co., Ltd.
Appeal item:
I cannotagree with the matter of Xella Tianjin Plant making the decision on August 20,2013 regarding my dismissal on the ground that intermediate inventory counting resulton June 26, 2013 showed that 942 tons of coal was lost and casing a loss of 580,000yuan to the company, and specially appeal.
Appeal facts and reasons:
I: Testifying of theft by Logistics Department’semployee is not established
1. RegardingXella Tianjin Plant’s testifying of theft of coal by Logistics Department’s employeesjointly with the delivery personnel, Xella Tianjin Plant has reported to thelocal public security organ, in the conversation between Mr.
Boudewijn van den Brinnk,
chairman of Xella China Area andme at my request on October 8, 2013, he told me clearly that the publicsecurity organ’s reply is : due to lack of evidence, the case cannot be established. 2.Tianjin Plant failed to give a reasonable explanation on the matter that coalin inventory still has nearly 50 tons of loss within six and a half days from June27to noon of July 3, 2013, when no purchase of coal was arranged, which hasbeen jointly confirmed by several departments (inferred from this number, atotal loss of more than 900 tons of coal had occurred during effectiveproduction period of a year and a half from January 2012 to June 2013, whichsurely cannot be caused by employee theft ) 3. Theoverall out of control of Tianjin Plant’s management chain is an importantreason causing substandard coal entering the plant and causing difference in coal(problem of supplier selection-- receipt link – no material incoming qualitytesting --- inaccurate theoretical value for estimates of production consumption). 4. This matterfrom the start is that some people are suspected of trying to conceal majorregulatory failure in plant operation and management by using the minimumpossibility (difference in amount) of causing huge difference in coal.
II: Explanations on testifying on me for providingfalse inventory report
1. Duringthe inventory check at the end of 2012, we found during comparison between thephysical quantity and the carrying amount of coal in inventory, a loss ofnearly 500 tons has occurred, we immediately reported to Mr. Yu Weifa, the topleadership of Tianjin Plant, and simultaneously notified all departments andpersonnel with this company related to such material, and therefore I have no behaviorof concealing and false reporting. 2. Wefilled out the inventory report truthfully and submitted to Mr. Yu Weifa for audit,when he gave me a harsh criticism, asking me if I can confirm the specific numberof coal loss is surely 500 tons. I said: "No, we just asked workers in theboiler room to help us estimate, but the physical quantity, compared withquantity of ERP, will definitely have not a small gap". He said:"Since you cannot confirm the exact amount, based on what do financial personnelsay that stocks are insufficient? If they raise objections, let them come upwith a good method to measure and confirm what the physical loss is in the end,and you just don’t mark any reasons on inventory report, if financial personnelraise objections, I will be responsible for it". III. Reasons causing me to issue a falsereport against my wills are: Tianjin Plant's top leadership frequently actsrecklessly and unfairly treats subordinates and channels for China Area ManagementCompany to normally accept problems reflected by employees are closed 1. XellaTianjin Plant’s internal management in is exceptional chaos, sectarian strifebetween the senior management is fierce, within about 5 years after the plantwas established, there have been 6 times of frequent replacements of the topleadership of Tianjin Plant, everyone’s average office is 10 months, thuscausing short-sighted behaviors of these management, and pursuit only after theof balanced number of current report, this is the main reason causing thisfalse report. 2. In Mr.Yu Weifa’s office of more than a year, too many unjust treatment decisions on employeeshad occurred in Tianjin Plant, of which most people have appealed to executivesin Xella Shanghai's China Headquarters in different ways, but with no results(including my appeal in e-mail to all executives in China headquarters after Ireceived a of unwarranted warning letters from Mr. Yu Weifa in July 2012, forwhich the Management Company had given neither findings, nor even informationfeedback), which to some extent has greatly contributed to Mr. Yu Weifa’semboldened behavior of disposing employees, and also allowed employees to seethe absolute right that Shanghai Management Company gives Mr. Yu Weifa, andcorrespondingly employees lost the normal channels to appeal and reflectproblems.
Evidence I: On 2013New Year Gala of Tianjin Plant, some employees, to express dissatisfaction withMr. Yu Weifa’s arbitrary treatment and China Area Management Company’s wanton indulgenceon him, angrily smashed the annual meeting venue, this situation I have personallyseen for the first time and also never heard of during my service for nearly 30years in foreign, state-owned, and private enterprises.
Evidence II: In late 2012,the evidence of a false warning letter for dismissal of an electrical engineerin Production Department fabricated by Mr. Yu Weifa’s men jointly with thecompany's Human Resources Department under his order was confirmed in courtevidence collection process, but the employee, although winning judicialdecisions, still had to leave Xella.
Abovefacts proved to employees: if you do not obey the instructions of Mr. Yu Weifa,whether you have problems or not, you will face the risk of being dismissed, soeveryone, in order to maintain the job, and ensure the family's economy willnot fall into the abyss, only chose to obey.
3. Fromthe evidence I have provided to the company, it can be clearly seen that the inventoryreport at the end of 2012 was produced and issued under Mr. Yu Weifa’s entire-processmonitoring, and before Xella China Area Management Company made the decision ondismissed of Mr. Yu Weifa in May 2013, it has had deep understanding of his badbehavior in terms of integrity and wanton indulgence in management, but stillfailed to make the departure audit on him according to normal procedures,resulting primarily responsible person’s escape.
IV: My work performance (good job performanceis not equivalent to perfect, because with the power of one person, we cannotcompletely change the slackness in some employees’ work brought about by thepoor performance of TianjinPlant’s overall environment)
When I enteredXella, I received a bad logistics team: foundation management work was poor, qualityof personnel was low, and problem of finished products and wooden pallets beingstolen was serious.
1. Ieliminated a few employees with poor work performance, newly recruited administratorwith many years of experience in the warehouse management, trained other formerretained personnel, and built a new team, with working efficiency and materialsinventory accuracy greatly enhanced than before; 2. I standardizedaccounting management and document archiving for future reference; 3. I personallycarried out high-density cycle inventory check, basically resolved the problemof finished products being stolen; 4. I strengthenedthe management and occasional inventory check of circulating wooden pallets,both plugging the loophole of theft and improving their service life; 5. I proposedand implemented reduction of labor expenses, substantially saving costs for thecompany; 6. I strictlycontrolled folk lift maintenance costs, avoiding the interests of the company fromunprovoked theft;
V: My personal integrity and professionalconduct
1. I am agood employee with a high degree of integrity. Maybeyou'll have questions, since you describe yourself so well, how would you personallyissue false inventory report? Living in Germany and enjoying a good full socialsecurity, you may not understand how important a stable and well-paid job meansfor an ordinary Chinese employee and his family, in China if you are seriouslyill and get hospitalized, if you don’t have money to pay medical expenses, you wouldprobably not get timely treatment, and your family would watch you leave. So WhenChinese employees face wanton instructions of superior and closed channel forreflecting problems to Management Company, they can only choose to obey. 2. Priorto joining Xella, I had served for nearly 15 years in two Swiss companies, mypersonal integrity, good ethics and job performance are highly recognized, if therelevant institutions deem necessary, you may carry out backgroundinvestigation on my past career.
SwissNestle (Tianjin)Co., Ltd: service for 12 years BystronicMachinery (Tianjin)Co., Ltd: service for 2 years and 3 months
3. Duringconversation with Mr.
Boudewi jn van den Brinnk, chairman of Board of Directors of XellaGroup China Area on October 8, 2013, he promised to issue a "Work RecommendationLetter" for me personally ("Work Recommendation Letter" is nottaken seriously in China, still letting me unable to find a job, so I did notaccept), I personallyunderstand this only shows two points: (1) Mypersonal integrity and professional conduct is recognized by Xella; (2) This executiveof Xella knows very well the chaos in Tianjin Plant, and is able to appreciatethe rationality of my appeal.
4. Duringmy service of nearly two years in Xella Tianjin Plant, although I had been offeredthe lure of money by some people for numerous times, but I had never taken a fen(RMB smallest unit) that I should not take, and never done anything detrimentalto the interests of Xella. If you have a little more understanding of thesituation in Xella Tianjin Plant, I think you would express respect to me.
5. For myperformance in Tianjin Plant and description on Tianjin Plant’s serious lack ofcorporate culture and abuses on human rights of employees, the Group may carryout investigation and verification on all employees currently working inTianjin Plant and all employees leaving Xella in recent two years (notincluding staff lack of honesty). There aretoo many employees, like me, with an identity of "German culture", andaspiration for "German company", joined Xella, but what Xella broughtto us is disappointment and survival predicament that our entire family faces afterleaving Xella. In fact,from bad economic benefits of Xella Tianjin Plant within more than five years afterits inception, the seriousness of the problems can be seen. Xella Tianjin’schaos has not only allowed employees to suffer, but also made good reputation of"Germany"in the eyes of Chinese people and interests of investors suffer huge losses.
VI. My current situation (reasons for my cross-boardappeal)
1.Because of my age is already 47, exceeding the upper limit of 45 for the vastmajority of enterprises in Chinaexcept to hire employees except special positions professionals and technicalstaff and senior management, so it has been more than a year that I could not finda suitable job.
2. Due tothe special circumstances in my family, now my life has been in trouble, in thispast year, I have been borrowing money to maintain life (what I cannot bear isthat is have to borrow from my father who is suffering from advanced cancer,this time I should have well treated my parent as a child), so I have to appealto the group.
VII. Results I want to get
I hope thatin the spirit of humanitarian of being responsible for staff, Xella Group canconduct a thorough investigation again for the whole incident, after announcingthe results and giving me some opportunity to express my point of view, let XellaTianjin Plant’s whole staff to vote for my fate.
My E-mail : 1335906472@qq.com
Employees: Li Li Hui
November 18, 2014
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