Excerpt from standard:

The right of all workers to form and join trade unions and bargain collectively shall be recognised. (ILO Conventions 87 and 98) [COMPANY] shall, in those situations in which the right to freedom of association and collective bargaining are restricted under law, facilitate parallel means of independent and free association and bargaining for all workers. Workers' representatives shall not be the subject of discrimination and shall have access to all workplaces necessary to carry out their representation functions. (ILO Convention 135 and Recommendation 143) CAP:Management punishes, threatens, intimidates, harasses, terminates or does not renew workers' contracts due to their union membership or activities Management provides incentives to workers to keep them from joining a union or engaging in union activities Management does not comply with national law regarding financial or other required support of theunion -There are no democratically elected workers' representatives

Referenzdokumente:

6. The Fair Wear Code of Labour Practices

Excerpt from standard:

Participation in the complaints mechanism is a requirement of Fair Wear's membership.

Referenzdokumente:

p.4

Excerpt from standard:

Fair Wear requires its member brands to review their own practices to avoid negative impact, conduct a risk assessment, do a prioritisation, and accordingly engage in prevention and improvement. This is called the risk-based supply chain improvement cycle. The key to successful Fair Wear membership is demonstrating progress over time, which is measured in how the Fair Wear Code of Labour Practices are being implemented during the yearly Brand Performance Check. Fair Wear member brand have to assess the facilitaties' compliance level in a risk assessment before selecting a new facility. Part of the risk assessment is completing a 'know your supplier' tool which includes questions/evidence on the factory's internal compliance management system. And Corrective Action Plan Template: For any non-compliance with the Fair Wear Code of Labour Practices, the Fair Wear auditor gives requirements and recommends steps for improvement, which are discussed with the management of the factory. The requirements and recommendations of the audit team form the basis of a Corrective Action Plan (CAP), which contains realistic steps for improvement within a clear time frame. In addition to the 8 labour standards, the CAP contains information on the factory's management system: ● The factory has not posted the FWF Code of Labour Practices in local language and the contact details of the local complaints handler at an easily accessible location for workers ● The factory has not informed the FWF member about subcontracting ● The factory has coached workers prior to the audit ● The factory has falsified documents in preparation for the audit ● The factory does not have a system to monitor its own working conditions and improve its compliance status ● Factory policies, procedures and regulations do not comply with laws and/or FWF Code of Labour Practices ● Disciplinary actions are not documented and/or not in accordance with factory's own rules ● Managers and supervisors do not follow the disciplinary procedures ● Management has not actively informed workers about the FWF Code of Labour Practices and/or relevant national or local legislation ● The factory's policies and procedures are not communicated to workers ● There is no internal grievance mechanism ● Internal grievance mechanisms have been established but are not functional ● There are no democratically elected workers' representatives ● Most workers are not aware of the FWF complaints mechanism and/or Code of Labour Practices

Excerpt from standard:

Most workers are not aware of the FWF complaints mechanism and/or Code of Labour Practices Management has not actively informed workers about the FWF Code of Labour Practices and/or relevant national or local legislation The factory's policies and procedures are not communicated to workers Health and safety training for workers is not provided or inadequate There is no appropriate training for worker representatives

Excerpt from standard:

Juvenile workers are not registered and/or recorded as per law with the local labour bureau or equivalent The factory has no age verification system in place The age verification system is ineffective Evidence of individual’s age and identity is unavailable, incomplete, false, or not kept on personnel files The factory accepts photocopied identity documents from workers without checking originals

Excerpt from standard:

FWF requires that affiliated companies take action to ensure that child labour as described in FWF’s Code of Labour Practice does not occur in their supply chains. FWF requires all affiliates to implement the following steps: [...] 2. If/when child labour is found [...] • The employment relationship between the production facility and the child worker(s) must be formally terminated. The affiliate and supplier are obliged to compensate the child’s family for at least the legal minimum wage the child would have earned. These wages should be paid monthly (not as a lump sum) until the child has reached the minimum working age set out in the FWF Code of Labour Practices or, if it is higher, the legal minimum age for working. • Another acceptable compensatory measure is for the affiliate and the production site to find employment for another, older and unemployed family member who meets the legal requirements to work.

Excerpt from standard:

4. No exploitation of child labour There shall be no use of child labour. The age for admission to employment shall not be less than the age of completion of compulsory schooling and, in any case, not less than 15 years.” (ILO Convention 138) “There shall be no forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour. […] Children [in the age of 15-18] shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.” (ILO Convention 182) 8. Legally binding employment relationship Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment. Younger workers shall be given the opportunity to participate in education and training programmes.

Referenzdokumente:

4. No exploitation of child labour 8. Legally binding employment relationship

Excerpt from standard:

Wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards and always be sufficient to meet basic needs of workers and their families and to provide some discretionary income. (ILO Conventions 26 and 131) Deductions from wages for disciplinary measures shall not be permitted nor shall any deductions from wages not provided for by national law be permitted. Deductions shall never constitute an amount that will lead the employee to receive less than the minimum wage. Employees shall be adequately and clearly informed about the specifications of their wages including wage rates and pay period.

Referenzdokumente:

5. Payment of living wage

Excerpt from standard:

Wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards and always be sufficient to meet basic needs of workers and their families and to provide some discretionary income. (ILO Conventions 26 and 131) Deductions from wages for disciplinary measures shall not be permitted nor shall any deductions from wages not provided for by national law be permitted. Deductions shall never constitute an amount that will lead the employee to receive less than the minimum wage. Employees shall be adequately and clearly informed about the specifications of their wages including wage rates and pay period.

Referenzdokumente:

5. Payment of living wage

Excerpt from standard:

8. Legally binding employment relationship Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment. Younger workers shall be given the opportunity to participate in education and training programmes. Allowances, bonuses or benefits are not paid as legally required Workers are dismissed and rehired to avoid paying wages and benefits for permanent workers Contracts for juvenile workers are not signed by parent or legal guardian Not all workers, both on the premises and offsite, have a contract. Copies of contracts are not provided to workers Safety & health representatives or committee are not available Medical checks for workers are not provided or insufficient Management dismisses workers who are pregnant or on maternity leave or forces them to resign Management dismisses workers based on their health status Management changes the employment status, position, wages, benefits or seniority of workers during/after maternity leave Male workers are not granted paternity leave when legally required Despite a majority of female workforce, there is no record of workers receiving maternity benefits Workers are subject to harassment on the basis of disability, pregnancy etc.

Excerpt from standard:

Hours of work shall comply with applicable laws and industry standards. In any event, workers shall not on a regular basis be required to work in excess of 48 hours per week and shall be provided with at least one day off for every seven-day period. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis and shall always be compensated at a premium rate. (ILO Convention 1)

Referenzdokumente:

6. Reasonable hours of work

Excerpt from standard:

Total working time per week are regularly above legal limit while not over 60 hours Total working time per week are regularly above 60 hours Total working time per week are occasionally above legal limit while not over 60 hours Total working time per week are occasionally above 60 hours Workers do not regularly receive 1 day off per 7 days of work. Occasionally workers do not receive 1 day off per 7 days of work. No clear policy on overtime practice Overtime policy is not communicated to workers Entitled leaves (such as annual, statutory) are not paid as legally required Required leaves are not provided to workers

Excerpt from standard:

Payment of a living wage Wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards and always be sufficient to meet basic needs of workers and their families and to provide some discretionary income. (ILO Conventions 26 and 131). Deductions from wages for disciplinary measures shall not be permitted nor shall any deductions from wages not provided for by national law be permitted. Deductions shall never constitute an amount that will lead the employee to receive less than the minimum wage. Employees shall be adequately and clearly informed about the specifications of their wages including wage rates and pay period. CAP Not all workers are paid at least legal minimum wages Workers do not understand how wages are calculated. Workers payslips/wage records do not correspond to actual hours worked. Wages could not be verified due to falsification of wage records Wages could not be verified due to inconsistent or incomplete records Workers are paid below living wage as estimated by local stakeholders Wages are paid later than legally required. Wages paid are below collective bargaining agreement (CBA) wage. Poor record keeping: inconsistencies between payroll records, payslips and other records Unauthorized deductions from wages Workers do not receive a payslip. Workers are not paid during work stoppages

Referenzdokumente:

Audit manual - Payment of a Living Wage p. 72

Excerpt from standard:

Recruitment, wage policy, admittance to training programmes, employee promotion policy, policies of employment termination, retirement, and any other aspect of the employment relationship shall be based on the principle of equal opportunities, regardless of race, colour, sex, religion, political affiliation, union membership, nationality, social origin, deficiencies or handicaps (ILO Conventions 100 and 111). CAP: Race, caste, origin, religion, age,d isability, marital status, sexual orientation, union membership and/or political opinion are influencing factors in hiring, compensation, access to training, promotion, termination and/or Gender is an influencing factor in hiring, compensation, access to training, promotion, termination and/or Management conducts mandatory pregnancy screenings during the recruitment process and/or during employment Management dismisses workers who are pregnant or on maternity leave or forces them to resign Management conducts screenings on HIV/AIDS, HBV, HPV etc. during the recruitment process and/or during employment Management dismisses workers based on their health status Management changes the employment status, position, wages, benefits or seniority of workers during/after maternity leave No discrimination Male workers are not granted paternity leave when legally required Workers with disabilities who apply for work are not evaluated according to their ability to perform the job Despite a majority of female workforce, there is no record of workers receiving maternity benefits Workers are subject to harassment on the basis of disability, pregnancy etc. The percentage of women in supervisory and other higher-paid positions is low There is no grievance mechanism for harassment issues or is ineffective There is no formal performance review system of workers which increases the risk of discrimination

Referenzdokumente:

Gender Policy Statement

Excerpt from standard:

This means production locations should: Comply with legislation that addresses issues that relate to women, for example, maternity and childcare laws, including pay, record keeping, occupational health and safety requirements. This would include, for example, ensuring that pregnant workers are not exposed to dangerous working conditions, that they do not experience discrimination in the workplace, and that they are provided the legally allocated maternity leave and the ability to return to their job at the same level or higher, if they choose. Promote and facilitate childcare facilities for workers. Monitor if women workers are returning to work after maternity, and if the numbers are lower than average, investigate and address why. CAP Management dismisses workers who are pregnant or on maternity leave or forces them to resign Management dismisses workers based on their health status Management changes the employment status, position, wages, benefits or seniority of workers during/after maternity leave Male workers are not granted paternity leave when legally required Despite a majority of female workforce, there is no record of workers receiving maternity benefits Workers are subject to harassment on the basis of disability, pregnancy etc.

Referenzdokumente:

Gender Equality Policy

Excerpt from standard:

There shall be no use of forced, including bonded or prison, labour. (ILO Conventions 29 and 105)

Referenzdokumente:

1. Employment is freely chosen

Excerpt from standard:

Management coerces workers to work or stay on the job through the withholding of wages, documents, threats, and etc

Referenzdokumente:

CAP Template

Excerpt from standard:

Employment is freely chosen. There shall be no use of forced, including bonded or prison, labour. (ILO Conventions 29 and 105) CAP: Workers are not allowed to leave the premises outside legal working hours Workers are not free to terminate their employment with reasonable notice or leave when their contracts expire The factory unreasonably delays paying its dues to workers when they decide to resign Workers are forced to work overtime under threat of penalty Factory management restricts worker movements The factory subcontracts work to a prison Workers who have debts with the factory cannot leave their job Workers are trafficked to work in the factory Factory management forces workers to work to discipline them or as punishment for participation in a strike Management coerces workers to work or stay on the job through the withholding of wages, documents, threats, and etc.

Excerpt from standard:

Recruitment, wage policy, admittance to training programmes, employee promotion policy, policies of employment termination, retirement, and any other aspect of the employment relationship shall be based on the principle of equal opportunities, regardless of race, colour, sex, religion, political affiliation, union membership, nationality, social origin, deficiencies or handicaps (ILO Conventions 100 and 111).

Referenzdokumente:

3. There is no discrimination in employment

Excerpt from standard:

Hours of work shall comply with applicable laws and industry standards. In any event, workers shall not on a regular basis be required to work in excess of 48 hours per week and shall be provided with at least one day off for every seven-day period. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis and shall always be compensated at a premium rate. (ILO Convention 1)

Referenzdokumente:

6. Reasonable hours of work

Excerpt from standard:

Recruitment, wage policy, admittance to training programmes, employee promotion policy, policies of employment termination, retirement, and any other aspect of the employment relationship shall be based on the principle of equal opportunities, regardless of race, colour, sex, religion, political affiliation, union membership, nationality, social origin, deficiencies or handicaps (ILO Conventions 100 and 111). Corrective Action Plan: Copies of contracts are not provided to workers Not all workers, both on the premises and offsite, have a contract The content of employment contracts does not comply with legal requirements Contracts do not specify the terms and conditions of employment Workers do not understand the terms and conditions of employment Management does not cover all eligible workers under the social security scheme Social security is not paid as per law The use of probation and apprenticeship does not comply with legal requirements The factory uses an employment agency that does not meet local requirements as a labour provider Individual personnel files are incomplete Workers hired through employment agencies do not receive full legal and social security entitlements Workers are dismissed and rehired to avoid paying wages and benefits for permanent workers Workers are consistently employed on temporary contracts Workers are required to sign blank papers, resignation letters etc. Management fails to comply with requirements when dismissing workers (valid reasons, prior notice, termination payments, unused annual leave etc.) Management does not comply with legal requirements concerning sub-contracted workers, homeworkers and/or migrant workers

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Excerpt from standard:

Management does not comply with legal requirements concerning sub-contracted workers, homeworkers and/or migrant worker

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Excerpt from standard:

Copies of contracts are not provided to workers Not all workers, both on the premises and offsite, have a contract The content of employment contracts does not comply with legal requirements Contracts do not specify the terms and conditions of employment Workers do not understand the terms and conditions of employment

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Excerpt from standard:

Workers do not understand the terms and conditions of employment

Excerpt from standard:

The Code of Labour Practices is based on the conventions of the International Labour Organisation (ILO) and the Universal Declaration on Human Rights. In the text below, references are made to specific conventions. Where clarifications of ILO Conventions are required, FWF follows ILO Recommendations and existing jurisprudence.

Excerpt from standard:

7. Safe and healthy working conditions A safe and hygienic working environment shall be provided, and best occupational health and safety practice shall be promoted, bearing in mind the prevailing knowledge of the industry and of any specific hazards. Appropriate attention shall be paid to occupational hazards specific to this branch of the industry and assure that a safe and hygienic work environment is provided for. Effective regulations shall be implemented to prevent accidents and minimise health risks as much as possible (following ILO Convention 155). Physical abuse, threats of physical abuse, unusual punishments or discipline, sexual and other harassment, and intimidation by the employer is strictly prohibited.

Referenzdokumente:

7. Safe and healthy working conditions

Excerpt from standard:

Dust density is high Noise level exceeds maximum exposure limit Temperature of the environment is not appropriate Ventilation is insufficient or inadequate Overall lighting is insufficient or inadequate Workers are required to maintain awkward postures while performing work activities Workers in standing positions are not provided with anti-fatigue mat Workers in sitting positions are not provided chairs with back support

Referenzdokumente:

Page 96-97.

Excerpt from standard:

A safe and hygienic working environment shall be provided, and best occupational health and safety practice shall be promoted, bearing in mind the prevailing knowledge of the industry and of any specific hazards. Appropriate attention shall be paid to occupational hazards specific to this branch of the industry and assure that a safe and hygienic work environment is provided for. Effective regulations shall be implemented to prevent accidents and minimise health risks as much as possible (following ILO Convention 155). Physical abuse, threats of physical abuse, unusual punishments or discipline, sexual and other harassment, and intimidation by the employer is strictly prohibited.

Referenzdokumente:

7. Safe and healthy working conditions

Excerpt from standard:

Safety & health representatives or committee are not available Medical checks for workers are not provided or insufficient First aid personnel is not trained or insufficient First aid kit is missing or insufficient Medical room or medical facility is not available or inadequate Health and safety training for workers is not provided or inadequate

Excerpt from standard:

Water or food containers are not labeled or not stored appropriately Clean drinking water is not available or not tested Health and safety certificate is missing or invalid

Referenzdokumente:

Page 98. OHS Requirements tick list.

Excerpt from standard:

Insufficient or inadequate toilets Toilet breaks are restricted Washing facilities or cleansing materials are missing or inadequate

Referenzdokumente:

Page 4. General work environment

Excerpt from standard:

Health and safety training for workers is not provided or inadequate

Excerpt from standard:

Canteen food hygene certificate is invalid or insufficient Accommodation provided by the factory does not sufficient facilities to ensure safety and health of workers Accommodation provided by the factory is not separated from production areas Accommodation provided by the factory does not comply with minimum personal space requirements

Excerpt from standard:

Risk of electrical safety observed Electrical wiring is not adequately encased or secured Electrical Distribution board not covered Regular electrical safety inspections are not conducted or insufficient Building certificate is unavailable or invalid Risk of building safety is observed

Excerpt from standard:

Fire fighting equipment is insufficient not appropriately maintained Risk of electrical safety observed Electrical wiring is not adequately encased or secured Electrical Distribution board not covered Regular electrical safety inspections are not conducted or insufficient

Referenzdokumente:

Page 2. Fire & electrical safety

Excerpt from standard:

Fire alarm is insufficient or inadequate Fire evacuation route(s) are blocked, inadequate or not clearlly marked Evaluation plan is not available, incorrect or inappropriate Fire exit is insufficient or inappropriate Emergency lighting is missing, inadequet or malfunctioned Blocked aisles/exits preventing use Fire exit signage and maps - defective or missing

Excerpt from standard:

Recruitment, wage policy, admittance to training programmes, employee promotion policy, policies of employment termination, retirement, and any other aspect of the employment relationship shall be based on the principle of equal opportunities, regardless of race, colour, sex, religion, political affiliation, union membership, nationality, social origin, deficiencies or handicaps (ILO Conventions 100 and 111).

Referenzdokumente:

3. There is no discrimination in employment

Excerpt from standard:

Fair Wear requires its member brands to review their own practices to avoid negative impact, conduct a risk assessment, do a prioritisation, and accordingly engage in prevention and improvement. This is called the risk-based supply chain improvement cycle. Members are expected to carry out the work through the below steps according to the requirements, while Fair Wear’s role is to guide them, support them, connect them with local stakeholders, and assess their performance.

Excerpt from standard:

Workers expressed that they are facing unrealistic production demands According to factory management, the purchasing practices of the FWF member contribute to excessive overtime in the factory

Excerpt from standard:

Proof of registration or factory licenses for operation, employment, etc.

Referenzdokumente:

Audit Manual, p. 28, procedure for documents inspection

Excerpt from standard:

The management system requirements that shall be met are: 1. Sourcing practices [...] 1.2. Working conditions and the willingness of suppliers to cooperate on improvements are important criteria in the selection of new suppliers and the continuation of business relationships

Referenzdokumente:

Management system requirements

Excerpt from standard:

The management system requirements that shall be met are: 1. Sourcing practices 1.3. Delivery times and the pricing policy do not lead to excessive overtime and contribute to a systematic approach towards a living wage for workers

Referenzdokumente:

Management system requirements

Excerpt from standard:

Fair Wear expects that companies adopt HRDD policies tailored to their operations and supply chain.

Referenzdokumente:

hrdd