Excerpt from standard:

"4.4.6.10 Where the right to freedom of association and collective bargaining is restricted under national law, the appropriate channels to ensure a reasonable and independent exercise of such rights must be designed by the Certified Entity. The Certified Entity does not hinder the development of the independent and free association and bargaining. Certified Entity allows their Workers to freely elect representatives with whom the Certified Entity can enter into a dialogue about related issues."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.6.10.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.1.1 The Certified Entity shall engage into a responsible business conduct. GOTS Chemical Input Criteria, GOTS Environmental Criteria, GOTS Human Rights and Social Criteria, and GOTS Governance Criteria shall be implemented through the due diligence process. This process shall be commensurate with the risk and appropriate to a specific Certified Entity’s circumstances and context. As provided by OECD Due Diligence Guidance for responsible business conduct and OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector the following six steps framework shall be followed by the Certified Entity when conducting due diligence process: i. The Certified Entity shall embed its due diligence process into its policies and management systems, ii. The Certified Entity shall identify actual or potential adverse impacts associated with the Certified Entity’s operation, iii. The Certified Entity shall cease, prevent or mitigate adverse impacts, iv. The Certified Entity shall track implementation and results, v. The Certified Entity shall communicate how impacts are addressed; and vi. The Certified Entity shall enable remediation when appropriate." The Manual for the Implementation of GOTS 7.0: "GOTS Section 4.1.1 (vi) “The Certified Entity shall enable remediation when appropriate” Guidance: 1) Establish processes to enable remediation in the Certified Entity's own operations (e.g. Operational level grievance mechanisms) • The Certified Entity has established a process to enable remediation in relation to human rights impacts. • The Certified Entity is encouraged to establish processes to enable remediation for adverse impacts other than human rights impacts (e.g. labour or environmental impacts). • Where a grievance mechanism is established, it is based on the core criteria: a) Legitimacy; b) Accessibility; c) Predictability; d) Equitability; e) Transparency; f) Being dialogue-based. • Where a grievance mechanism is established, it does not preclude access to judicial recourse (e.g. through legal waivers) for victims of gross human rights violations, and the enterprise does not interfere with civil or criminal investigations or human rights examinations. • GOTS encourages Certified Entities: - to consult existing guidance on establishing operational-level grievance mechanisms. - to publish complaints. 2) Commit to hearing and addressing complaints raised through legitimate processes (a non-operational level mechanism) • The Certified Entity engages in legitimate processes that enable it to hear material and substantiated complaints against it that it has caused or contributed to harm in its supply chain. • Where a grievance mechanism is established, it is based on the core criteria: a) Legitimacy; b) Accessibility; c) Predictability; d) Equitability; e) Transparency; f) Being dialogue-based. • Where a grievance mechanism is established, it does not preclude access to judicial recourse (e.g. through legal waivers) for victims of gross human rights violations, and the enterprise does not interfere with civil or criminal investigations or human rights examinations. • GOTS encourages Certified Entities: a) to consult existing guidance on establishing operational-level grievance mechanisms. b) to publish complaints. 3) The Certified Entity provides for or contributes to remedy in cases where it has caused or contributed to adverse impacts. • Remedy seeks to restore the affected person(s) to the situation they would be in had the harm not occurred. • Remedy meets national laws and international guidelines, and where standards are not available, the remedy is consistent with previous cases. • The Certified Entity engages with affected stakeholders in the determination of the remedy. • The Certified Entity assesses the level of satisfaction with the process and the outcome of those who raised the complaints. References: a) OECD Due Diligence Guidance for Responsible Business Conduct b) OECD (2017), OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector"

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.1.1 (vi) The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.1.1 (vi)

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.1.1 The Certified Entity shall engage into a responsible business conduct. GOTS Chemical Input Criteria, GOTS Environmental Criteria, GOTS Human Rights and Social Criteria, and GOTS Governance Criteria shall be implemented through the due diligence process. This process shall be commensurate with the risk and appropriate to a specific Certified Entity’s circumstances and context. As provided by OECD Due Diligence Guidance for responsible business conduct and OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector the following six steps framework shall be followed by the Certified Entity when conducting due diligence process: i. The Certified Entity shall embed its due diligence process into its policies and management systems, ii. The Certified Entity shall identify actual or potential adverse impacts associated with the Certified Entity’s operation, iii. The Certified Entity shall cease, prevent or mitigate adverse impacts, iv. The Certified Entity shall track implementation and results, v. The Certified Entity shall communicate how impacts are addressed; and vi. The Certified Entity shall enable remediation when appropriate. [...] 4.4.1.3 The Certified Entity shall respect human rights. The Certified Entity shall avoid causing, contributing, soliciting, encouraging or supporting human rights abuse through their activities. Further, the Certified Entity shall address any adverse human rights impacts or risks thereof for which they are responsible or with which they are involved. 4.4.1.4 This includes that the Certified Entity shall respect the human rights of individuals belonging to specific groups or populations at risk of particular vulnerability and in relation to whom there is particularised protection, including indigenous peoples; women; national or ethnic, religious and linguistic minorities; children; persons with disabilities; and Migrant Workers and their families." The Manual for the Implementation of GOTS 7.0: "GOTS Section 4.1.1 (i) “The Certified Entity shall embed its due diligence process into its policies and management systems” Guidance: Certified Entity’s Policy on Responsible Business Conduct (RBC) shall: a) Be based on the OECD Guidelines for Multinational Enterprises and relevant international human rights standards, listed under GOTS Section 4.4.1. b) Include commitments regarding Certified Entity’s own activities and articulate Certified Entity’s expectations of its business partners – including suppliers, licensees and intermediaries – across the full length of its supply chain. c) Include a commitment to incorporate due diligence into the decision-making process at an organizational level. d) Cover GOTS Chemical Input Criteria, GOTS Environmental Criteria, GOTS Human Rights and Social Criteria, and GOTS Governance Criteria and issues identified as sector risks in the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector. e) Include commitments to conduct due diligence on the Certified Entity’s most significant risks in its own operations and in its supply chain. f) Include a commitment to responsible sourcing practices, meaning that the Certified Entity commits to preventing its contribution to harmful impacts through its sourcing practices. g) Stipulate the Certified Entity’s expectations regarding the use of subcontractors by direct suppliers, when relevant, including a definition of “subcontract” and distinctions in subcontracted work if they exist. h) Put forth the Certified Entity’s expectations regarding the outsourcing to homeworkers and the use of handwork, where relevant to the Certified Entity’s business models. i) Include a commitment to meaningful engagement with affected stakeholders through the course of due diligence. j) Include a commitment to hear and address all complaints against the Certified Entity regarding its own operations regardless of how they are raised. k) Include a commitment to hear and address measured and substantiated complaints that the Certified Entity has caused or contributed to harm in its supply chain raised through legitimate processes. l) Should be approved at the most senior level of the Certified Entity. Nature of the policy: • The Certified Entity’s RBC policy may consist of one single policy or several stand-alone policies or be integrated into wider governance documents such as the code of conduct or principles of business ethics. • The Certified Entity’s RBC policy may also build on existing policies and commitments. Adopting and updating the policy: • The Certified Entity’s RBC policy should be developed with and informed by relevant internal and external expertise and approved at the most senior level of the company. • The Certified Entity’s RBC policy should not be a static document. It should be updated through an iterative process that builds on increasing knowledge about risks of harm in the enterprise’s supply chain and on input from internal and external stakeholders. Communicating the policy: • RBC policy should be made publicly available and communicated to all employees, suppliers, business partners, and other relevant parties. References: a) OECD Due Diligence Guidance for Responsible Business Conduct b) OECD (2017), OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector" "GOTS Section 4.4.1.3 “The Certified Entity shall respect human rights. The Certified Entity shall avoid causing, contributing, soliciting, encouraging or supporting human rights abuse through their activities. Further, the Certified Entity shall address any adverse human rights impacts or risks thereof for which they are responsible or with which they are involved “ Interpretation:  In all cases, irrespective of the country, specific context and/or nature of Certified Entities' operations, Certified Entities undertake to respect human rights and must respect human rights. Particularly as set out and applied within the GOTS Human Rights and Social Criteria; but Certified Entities must also be aware of and keep in mind the international instruments listed below in order to avoid abusing human rights.  This includes the overarching, internationally recognised human rights expressed in the International Bill of Human Rights.  The International Bill of Human Rights consists of: a) the Universal Declaration of Human Rights, b) the International Covenant on Economic, Social and Cultural Rights, and c) the International Covenant on Civil and Political Rights and its two Optional Protocols. --------  The Certified Entity shall uphold the United Nations’ Guiding Principles on Business and Human Rights. References: a) UN General Assembly, Universal Declaration of Human Rights, 10 December 1948 b) UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966 c) UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966 d) UN Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework (2011), including particularly pp. 13-26, see also et seq. --------  The Certified Entity shall follow relevant OECD guidance, including the OECD Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector. References: a) OECD (2011), OECD Guidelines for Multinational Enterprises, OECD Publishing, , see particularly pp. 13 et seq. b) OECD(2018), OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector, OECD Publishing, Paris --------  The Certified Entity shall respect and comply with the fundamental labour rights formulated by the International Labour Organisation (ILO) and recognised as international minimum standards, as set out in the ILO Declaration on Fundamental Principles and Rights at Work. To ensure proper implementation of GOTS Human Rights and Social Criteria, the corresponding relevant ILO Conventions and Recommendations shall be observed. References: Declaration on Fundamental Principles and Rights at Work of the International Labour Organisation (ILO). Forced Labour: C029 - Forced Labour Convention, 1930 (No. 29) C105 - Abolition of Forced Labour Convention, 1957 (No. 105) Child labour: C090 - Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) C138 - Minimum Age Convention, 1973 (No. 138) C182 - Worst Forms of Child Labour Convention, 1999 (No. 182) R190 - Worst Forms of Child Labour Recommendation, 1999 (No. 190) Discrimination and Harassment: C100 - Equal Remuneration Convention, 1951 (No. 100) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C190 - Violence and Harassment Convention, 2019 (No. 190) Gender Equality: C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C100 - Equal Remuneration Convention, 1951 (No. 100) C156 - Workers with Family Responsibilities Convention, 1981 (No. 156) C183 - Maternity Protection Convention, 2000 (No. 183) Freedom of association and the right to collective bargaining are respected: C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98) C135 - Workers' Representatives Convention, 1971 (No. 135) C154 - Collective Bargaining Convention, 1981 (No. 154) Occupational Health and Safety (OHS): C155 - Occupational Safety and Health Convention, 1981 (No. 155) R164 – Occupational Safety and Health Recommendation, 1981 (No. 164) C170 – Chemicals Convention, 1990 (No. 170); R097 – Protection of Workers’ Health Recommendation, 1953 (No. 97) Remuneration and Assessment of Living Wage Gap: C095 - Protection of Wages Convention, 1949 (No. 95) C131 - Minimum Wage Fixing Convention, 1970 (No. 131) R085 – Protection of Wages Recommendation, 1949 (No. 85) Working time: C001 - Hours of Work (Industry) Convention, 1919 (No. 1) C014 - Weekly Rest (Industry) Convention, 1921 (No. 14) C030 - Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) C106 - Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) No precarious employment is provided: C158 - Termination of Employment Convention, 1982 (No. 158) C175 - Part-Time Work Convention, 1994 (No. 175) C177 - Home Work Convention, 1996 (No. 177) C181 - Private Employment Agencies Convention, 1997 (No. 181) Migrant Workers: C097 - Migration for Employment Convention (Revised), 1949 (No. 97) C143 - Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) The conventions and recommendations mentioned above are published on the official ILO website. --------  Addressing adverse human rights impacts or risk thereof requires taking adequate measures for their prevention, mitigation and, where appropriate, remediation.  Certified Entities must address such adverse human rights impacts or risks thereof, even if they have not contributed to them, to the extent that the impacts or risks are directly linked to their operations, products or services by their business relationships. GOTS Section 4.4.1.4 “ … the Certified Entity shall respect the human rights of individuals belonging to specific groups or populations at risk of particular vulnerability and in relation to whom there is particularised protection, including indigenous peoples; women; national or ethnic, religious and linguistic minorities; children; persons with disabilities; and migrant workers and their families “ Interpretation: In this connection, international instruments have elaborated further on the rights of indigenous peoples; women; national or ethnic, religious and linguistic minorities; children; persons with disabilities; and migrant workers and their families. References: Indigenous peoples: UN Declaration on the Rights of Indigenous People, 2007 1989 ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, 1650 UNTS 383 (1991). Women: UN Convention on the Elimination of All Forms of Discrimination Against Women, 1979 National or ethnic, religious and linguistic minorities: UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, 1992 Children: Convention on the Rights of the Child,1989 Persons with disabilities: Convention on the Rights of Persons with Disabilities. 2007 Migrant workers and their families: International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990"

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.1.1 (i), 4.14, 4.4.1.3, and 4.4.14. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.1.1 (i) pp. 16-17, 4.4.1.3, and 4.4.14., pp.42-45.

Excerpt from standard:

"4.1.6 The Certified Entity shall assign oversight and responsibility for due diligence to relevant senior management and assign board-level responsibilities for implementing the Policy on Responsible Business Conduct. The Certified Entity shall regularly provide the responsible person(s) with training on all relevant topics including those related to human and labour rights." "4.4.13.2 The Certified Entity shall inform its Workers about the contents of their employment contract, GOTS Human Rights and Social Criteria and any other related information provided by GOTS in the applicable local language(s)."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.1.6 and 4.4.13.2.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.13.3 The Certified Entity shall maintain records of the name, age, working hours and the wages paid for each Worker." The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.3.3, pp.47-48: "GOTS Section 4.4.3.3 “The Certified Entity shall not employ a Young Worker …..“ Interpretation and Guidance: A "Young Worker" is someone older than minimum age, but younger than 18 years of age. For the purposes of Subsection 3.3.3, employment in conditions that are hazardous to physical and mental health and development corresponds with work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children as set out in C182 - Worst Forms of Child Labour Convention, 1999 (No. 182), Articles 3(d), 4; and as elaborated in R190 - Worst Forms of Child Labour Recommendation, 1999 (No. 190), Paragraphs 3-4. This can include but is not limited to— a) work which exposes children to physical, psychological or sexual abuse; b) work underground, under water, at dangerous heights or in confined spaces; c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. This also includes work determined as such by any national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, whichever as between the ILO standards and national laws affords greater protection. Age verification, for purposes of minimum age and young workers: The Certified Entities shall verify the age of their employees, preferably before employment, and should consider the following age verification techniques: a) Medical examinations and documents; b) Written affidavits and documents, especially those which are corroborating/corroborated; c) Birth certificates, where available; d) End of compulsory schooling certificate for applicants and employees who are above minimum age; e) School enrolment certificate for applicants and employees in light work; f) Culturally sensitive interviews with applicants and employees who appear to be too young. In assessing the foregoing, the Certified Entity shall keep in mind the degree of reliability of the source(s), including the possibility of falsified documents. Interpretation and Guidance: In certifying and auditing, regard shall be had not only to formal employment contracts and relationships; but also to any informal employment modalities or circumstances similar to employment which may have the effect of or may be conducive to avoiding or defeating the purpose of the child labour criteria. Particularly where the respective rights and obligations of the parties concerned are not clear, or where there has been an attempt to disguise the employment relationship. References: a) C138 - Minimum Age Convention, 1973 (No. 138). b) Ratifications of C138 - Minimum Age Convention, 1973 (No. 138). c) C182 - Worst Forms of Child Labour Convention, 1999 (No. 182). d) R190 - Worst Forms of Child Labour Recommendation, 1999 (No. 190). e) 1966 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1976), Arts. 10(3), 13(2). f) 1989 Convention on the Rights of the Child, 1577 UNTS 3 (1990), Arts. 28(1) et seq., 32."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.3 and 4.4.13.3. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.3.3, pp.47-48.

Excerpt from standard:

"4.4.3.2 If a child below minimum age appears to be employed in the Certified Entity, the Certified Entity shall take all appropriate measures to remove the child from the workplace and to ensure that this child gets appropriate remedy, including actively supporting access to education."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.3.2.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.3.3 The Certified Entity shall not employ a Young Worker at night or in conditions that are hazardous to their physical and mental health and development. 4.4.3.4 A Young Worker cannot work for more than 8 hours in a day or the applicable domestic legal limit, whichever is lower. Overtime is prohibited, and a minimum consecutive period of 12 hours’ rest, as well as customary weekly rest days, shall be provided. 4.4.3.5 A Young Worker shall be employed in a manner that allows access to continued education or additional educational opportunities, such as vocational or technical training." The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.3.3, p. 47-48: "GOTS Section 4.4.3.3 “The Certified Entity shall not employ a Young Worker …..“ Interpretation and Guidance: A "Young Worker" is someone older than minimum age, but younger than 18 years of age. For the purposes of Subsection 3.3.3, employment in conditions that are hazardous to physical and mental health and development corresponds with work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children as set out in C182 - Worst Forms of Child Labour Convention, 1999 (No. 182), Articles 3(d), 4; and as elaborated in R190 - Worst Forms of Child Labour Recommendation, 1999 (No. 190), Paragraphs 3-4. This can include but is not limited to— a) work which exposes children to physical, psychological or sexual abuse; b) work underground, under water, at dangerous heights or in confined spaces; c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. This also includes work determined as such by any national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, whichever as between the ILO standards and national laws affords greater protection. Age verification, for purposes of minimum age and young workers: The Certified Entities shall verify the age of their employees, preferably before employment, and should consider the following age verification techniques: a) Medical examinations and documents; b) Written affidavits and documents, especially those which are corroborating/corroborated; c) Birth certificates, where available; d) End of compulsory schooling certificate for applicants and employees who are above minimum age; e) School enrolment certificate for applicants and employees in light work; f) Culturally sensitive interviews with applicants and employees who appear to be too young. In assessing the foregoing, the Certified Entity shall keep in mind the degree of reliability of the source(s), including the possibility of falsified documents. Interpretation and Guidance: In certifying and auditing, regard shall be had not only to formal employment contracts and relationships; but also to any informal employment modalities or circumstances similar to employment which may have the effect of or may be conducive to avoiding or defeating the purpose of the child labour criteria. Particularly where the respective rights and obligations of the parties concerned are not clear, or where there has been an attempt to disguise the employment relationship. References: a) C138 - Minimum Age Convention, 1973 (No. 138). b) Ratifications of C138 - Minimum Age Convention, 1973 (No. 138). c) C182 - Worst Forms of Child Labour Convention, 1999 (No. 182). d) R190 - Worst Forms of Child Labour Recommendation, 1999 (No. 190). e) 1966 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1976), Arts. 10(3), 13(2). f) 1989 Convention on the Rights of the Child, 1577 UNTS 3 (1990), Arts. 28(1) et seq., 32."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.3.3. and 4.4.3.4. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.3.3, p. 47-48.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.8.9 The Certified Entity shall calculate ‘Living Wages’ for their respective operations. Furthermore, the Certified Entity shall compare Living Wages data with their remuneration data and calculate the 'Wage Gap' for its Workers. 4.4.8.10 The Certified Entity shall develop a plan to cover the Wage Gap and pay the Living Wage to its Workers. " The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.8.9 and 4.4.8.10, pp. 54-55: "GOTS Section 4.4.8.9 “The Certified Entity shall calculate ‘Living Wages’ for their respective operations. Furthermore, the Certified Entity shall compare Living Wages data with their remuneration data and calculate the 'Wage Gap' for its workers” Guidance: • Collect detailed data on current compensation. Analyse data to identify distinct wage groups and their earnings. Use the IDH Salary Matrix. • Identify the local living wage estimate. If available, use the Anker estimate. Otherwise, use the Asia Floor Wage, or other NGO or union estimate. If none of these is available, generate an estimate using the resources provided. • For each wage group, calculate the wage gap (the difference between actual and living wage). • Systematically share wage gap calculation with workers, ask them how the living wage estimate compares to their experiences, and record their responses. • Note that in the future, Living Wage estimates may be required to include the cost of early childcare. • Systematically share wage gap calculation with buyers, ask them how long it would take to increase prices to cover the wage gap, and record their responses. References: Living Wage Resource Library of Global Living Wage Coalition “Implementing Living Wages – Practical Approach for Business” by the Partnership for Sustainable Textiles, Germany, Further guidance:  The Certified Entity shall collect and analyse data about workers’ remuneration and report what the lowest-paid worker is earning and the average earning for each group (e.g., level) of workers.  Living Wages as estimated by Global Living Wage Coalition shall be used as a definition benchmark. Where such benchmarks are unavailable, or in addition to these benchmarks, Template 5: Fair Remuneration Quick Scan as available from amfori BSCI should be used.  This template should be read/used with the Section of the amfori BSCI System Manual on Fair Remuneration (especially the auditing interpretation guidelines part III and guidelines for producers part IV) and Annex 9 on How to promote Fair Remuneration.  Certified Entities based in the European Union may also refer to the study “Cost of Living, Living Wages, and Minimum Wages in EU-27 countries” conducted by the Central European Labour Studies Institute (CELSI) and WageIndicator Foundation.  The Certified Entities are encouraged to work toward closing the Wage Gap, which may be required, over time, in the future. Reference: a) Template 5: Fair Remuneration Quick Scan GOTS Section 4.4.8.10 “The Certified Entity shall develop a plan to cover the Wage Gap and pay the Living Wage to its workers” Guidance: • Systematically share wage gap calculation with buyers, ask them how long it would take to increase prices to cover the wage gap and record their responses. • Make a plan (signed by the person(s) authorized to implement the plan). • Plan should include an annual obligation to reduce the gap until its complete elimination. • Plan should take into account that living wages are subject to change due to inflation, taxation and statutory deductions. • Ensure that the plan is based on dialogue with a recognized trade union or, in their absence, elected worker representatives. • Involve buyers that source more than 20% of volume so that you may discuss how they will enable wage improvement."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.8.9 and 4.4.8.10. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.8.9 and 4.4.8.10, pp. 54-55.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.8.1 All Workers shall be provided with written and understandable information about their employment conditions compliant with national legal requirements and including remuneration, wages and social benefits legally granted before they enter employment. 4.4.8.2 Wages and benefits paid for regular working hours meet, at a minimum, national legal standards or industry benchmark standards, whichever is higher. In any event, wages should always be enough to meet basic needs and provide some discretionary income. 4.4.8.3 For specified work paid at ‘piece rate’ (regardless of whether it is undertaken at the employer's Facility or at home), the rate of remuneration shall be comparable to that received by a Worker doing similar work on an hourly basis in the Facility of the Certified Entity. If there is no such Worker, then the remuneration in another Facility in the same field of activity and region concerned can be used as a benchmark by the Certified Entity. Additionally, in any case, the wage of such piece rate Workers must not be less than national legal standards or negotiated wage or industry benchmark standards, whichever is higher."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.8.1 - 4.4.8.3.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.8.1 All Workers shall be provided with written and understandable information about their employment conditions compliant with national legal requirements and including remuneration, wages and social benefits legally granted before they enter employment." "4.4.13.1 The Certified Entity shall ensure the foregoing criteria are not avoided or their purpose defeated by way of informal employment modalities, including misuse of apprenticeship schemes; seasonal work; subcontracting, or recruitment or employment agencies."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.8.1. and 4.4.13.1.

Excerpt from standard:

"4.4.9.3 Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis and shall not represent a significantly higher likelihood of occupational hazards. "

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.9.3.

Excerpt from standard:

"Global Organic Textile Standard (GOTS) Version 7.0: "4.4.9 Working Time 4.4.9.1 Working hours shall comply with national laws, collective bargaining agreements and benchmark industry standards, whichever affords greater protection for the Workers. In any event and at a minimum, the working hours at the Certified Entity shall comply with ILO international framework including the general principles in this sub-section. 4.4.9.2 Workers shall not be required to work in excess of 8 hours a day or 48 hours per week on a regular basis (excluding overtime), shall have the right to have rest breaks on every working day and shall be provided with at least 24 consecutive hours of rest within every 7-day period on average. " The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.9, p. 55: "The principles on working hours listed in sub-sections 4.4..9.2 and 4.4.9.3 are based on the ILO international framework and are the minimum standard to be respected in all cases by the Certified Entity even if national laws, collective bargaining agreements or benchmark industry standards are less protective for the workers. On the other hand, if national laws, collective bargaining agreements or benchmark industry standards are more protective for the workers than the ILO minimum standards, the Certified entity shall apply the set of rules that is most favourable for the workers in terms of working hours, periods of daily or weekly rest and overtime. [...] The weekly period of rest, shall, wherever possible, (1) be granted simultaneously to all the persons concerned in the certified entity; (2) coincide with the day of the week established as a day of rest by the traditions or customs of the country or district; (3) respect as far as possible the traditions and customs of religious minorities. [...] References: a) C001 - Hours of Work (Industry) Convention, 1919 (No. 1) b) C014 - Weekly Rest (Industry) Convention, 1921 (No. 14) c) C030 - Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) d) C106 - Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) e) C175 - Part-Time Work Convention, 1994 (No. 175)""

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.9.1-4.4.9.2. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.9, pp. 55.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.8.1 All Workers shall be provided with written and understandable information about their employment conditions compliant with national legal requirements and including remuneration, wages and social benefits legally granted before they enter employment. 4.4.8.2 Wages and benefits paid for regular working hours meet, at a minimum, national legal standards or industry benchmark standards, whichever is higher. In any event, wages should always be enough to meet basic needs and provide some discretionary income. 4.4.8.3 For specified work paid at ‘piece rate’ (regardless of whether it is undertaken at the employer's Facility or at home), the rate of remuneration shall be comparable to that received by a Worker doing similar work on an hourly basis in the Facility of the Certified Entity. If there is no such Worker, then the remuneration in another Facility in the same field of activity and region concerned can be used as a benchmark by the Certified Entity. Additionally, in any case, the wage of such piece rate Workers must not be less than national legal standards or negotiated wage or industry benchmark standards, whichever is higher. 4.4.8.4 Remuneration shall be paid regularly (at least monthly) and promptly. Workers shall be informed about the particulars of their remuneration for the pay period concerned each time that they are paid. 4.4.8.5 Workers shall receive remuneration directly in their hand/bank account or in a manner convenient to Workers. Wherever possible, efforts and priority must be given to digital payment. Any digital form of wages is permitted only under the conditions and to the extent prescribed by law or fixed by collective bargaining agreements. 4.4.8.6 Withholding of remuneration for payment as a lump sum at the end of a term of employment or training is prohibited. 4.4.8.7 Any deductions from remuneration are permitted only under the conditions and to the extent prescribed by law or fixed by collective agreement, whichever affords greater protection. In case of deductions, Workers must have the relevant information regarding the grounds for such deductions communicated to them in advance. 4.4.8.8 Overtime shall be paid at a premium rate established by law or through collective bargaining, whichever is higher. The premium rate shall not be less than one and one-quarter times the regular rate. Equivalent leisure time may also be provided as compensation for overtime if permitted by local regulations." The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.1.3, p. 44: " [...] Remuneration and Assessment of Living Wage Gap: C095 - Protection of Wages Convention, 1949 (No. 95) C131 - Minimum Wage Fixing Convention, 1970 (No. 131) R085 – Protection of Wages Recommendation, 1949 (No. 85)"

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.8.1 - 4.4.8.8. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.1.3, p. 44.

Excerpt from standard:

"4.4.4.1 Discrimination in recruitment and employment practices is prohibited. Decisions about hiring, remuneration, benefits, training opportunities, work assignments, conditions of work, advancement, discipline, and termination or retirement by the Certified Entity shall be based solely on the ability to perform the job rather than based on personal characteristics or beliefs, such as race, national extraction, social background, religion, age, disability, marital status, parental status, association or trade union membership, gender, gender identity, sexual orientation or political opinion."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.4.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.5.3 The Certified Entity shall protect pregnant women, mothers and their children, including their health and safety. 4.4.5.4 The Certified Entity shall prevent dismissals and career setbacks due to pregnancy or maternity leave. 4.4.5.5 Women Workers shall be protected against threats of dismissal or any other employment decision that negatively affects their employment status to prevent them from getting married or becoming pregnant. 4.4.5.6 Workers with family responsibilities shall be protected against discrimination with respect to engagement in employment or dismissal therefrom." The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.5, pp. 49-51: "“Gender Equality” Guidance: The Certified Entity shall embed gender equality into its Policy on Responsible Business Conduct and into its management systems. The Certified Entity's gender equality policy should be explicit about what Certified Entity expects from its employees and management, key suppliers, clients, and other business associates. It should seek to prevent adverse impacts, monitor operational practices, learn from experience, and improve continuously. The Certified Entity shall generally conform to the provisions of international law and of the relevant ILO conventions and/or national/local laws, whichever affords greater protection. To comply with these criteria, Certified Entity shall—  Respect the human rights to work; to free choice of profession and employment; and to the same employment opportunities including the application of the same criteria for selection (1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(1)(a)-(c)).  Respect the rights to promotion, to job security and to all benefits and conditions of service for men and women workers including receiving vocational training and retraining (1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(1)(c)).  Respect the right to, and abide by the principle of, equal remuneration including benefits for men and women workers for work of equal value. I.e. rates of remuneration established without discrimination based on sex; but rather based on objective appraisal of, and equality in treatment in the evaluation of, jobs on the basis of the work to be performed and the quality of work. (Per 1966 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1976), Art. 7(a)(i); 1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(1)(d); C100 - Equal Remuneration Convention, 1951 (No. 100), Arts. 1-3.) To comply with the gender equality criteria, the Certified Entity shall also conform to the following provisions of international law instruments; and/or to further elaboration in national/local laws, whichever of these sources affords greater protection: Maternity leave and duration: a woman shall be entitled to a period of maternity leave of not less than 14 weeks. Which may commence before childbirth as a prenatal portion of maternity leave; and of which generally at least 6 weeks must take place after childbirth as a postnatal portion of maternity leave. On the production of a medical certificate, additional leave shall be provided before or after the maternity leave period in the case of illness, complications or risk of complications arising out of pregnancy or childbirth. The nature and the maximum duration of such leave may be specified in accordance with national law and practice. (1966 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1976), Art. 10(2); 1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(2)(b); C183 - Maternity Protection Convention, 2000 (No. 183), Art. 4 paras. 1, 4-5, Art. 5.) Maternity leave benefits: These periods of maternity leave or maternity-related leave shall be fully-paid leave; or leave with cash benefits; or leave with adequate social security benefits or benefits out of social assistance funds or through compulsory social insurance or public funds. Whichever is available and highest, in accordance with national laws and regulations, or in any other manner consistent with a national practice. In any event if fully-paid leave and leave with social security benefits are not available, then cash benefits must be provided and in any event such cash benefits shall be at a level that ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living. (1966 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1976), Art. 10(2); 1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(2)(b); C183 - Maternity Protection Convention, 2000 (No. 183), Art. 6.) Employment protection: An employer may not terminate the employment of a woman except on grounds unrelated to any pregnancy, maternity leave, birth of a child and its consequences including nursing. The burden of proving that the reasons for dismissal are unrelated shall rest on the employer. A woman is guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave (1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(2)(a)-(b); C183 - Maternity Protection Convention, 2000 (No. 183), Art. 8 paras. 1-2). Health protection at the workplace: An employer must ensure that pregnant or breastfeeding women who are working are not obliged to perform work prejudicial to the health and safety of the mother or the child, or where an assessment has established a significant risk to the mother's health and safety or that of her child (1966 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1976), Art. 7(b); 1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(1)(f), (2)(d); C183 - Maternity Protection Convention, 2000 (No. 183), Art. 3). Breastfeeding arrangements at work: Women are entitled to one or more daily breaks or a reduction of daily work hours for breastfeeding. Breaks or reductions of work hours shall be counted as working time and remunerated accordingly. The length and number of breaks are to be determined by national law or practice (C183 - Maternity Protection Convention, 2000 (No. 183), Art. 10.) Family responsibilities shall not, as such, constitute a valid reason for termination of employment, and marital status shall not, as such, give rise to discrimination in dismissals (1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11(2)(a), (c); C156 - Workers with Family Responsibilities Convention, 1981 (No. 156), Art. 8). References: a) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) b) C100 - Equal Remuneration Convention, 1951 (No. 100) c) C183 - Maternity Protection Convention, 2000 (No. 183). d) C156 - Workers with Family Responsibilities Convention, 1981 (No. 156) e) 1966 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1976), Art. 10(2). f) 1979 Convention on the Elimination of All Forms of Discrimination against Women, 1249 UNTS 13 (1981), Art. 11. g) UN OHCHR, Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework (2011), pp. 1, 14. h) OECD, OECD Guidelines for Multinational Enterprises (2011), pp. 32, 35, 39."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.5.3-4.4.5.6. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.5, pp. 49-51.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.2.3 The prohibition of forced labour includes all forms of work or service where the persons have not offered themselves voluntarily, such as servitude bonded, trafficked or indentured labour." The Manual for the Implementation of GOTS 7.0, p. 46: Bonded labour: Debt bondage arises when persons mortgage their services or those of their family members to someone providing credit to repay the loan or advance.

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.2.3. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.2., p. 46.

Excerpt from standard:

"4.4.2.4 The Certified Entity shall not restrict the Workers’ ability to voluntarily end their employment. Workers shall not be required to lodge “deposits” or their identity documents with their employer or a third party. Workers shall be free to leave their employer after a mutually agreed notice period, as stated in the employment contract."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.2.4.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.7.9 The Certified Entity shall make available unrestricted, thus unlocked and unobstructed, access to clearly marked emergency exits and escape routes. " The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.2 contains a reference to the ILO, Combating Forced Labour, A handbook for Employer and Businesses.

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.7.9. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.2.

Excerpt from standard:

4.4.4.1 Discrimination in recruitment and employment practices is prohibited. Decisions about hiring, remuneration, benefits, training opportunities, work assignments, conditions of work, advancement, discipline, and termination or retirement by the Certified Entity shall be based solely on the ability to perform the job rather than based on personal characteristics or beliefs, such as race, national extraction, social background, religion, age, disability, marital status, parental status, association or trade union membership, gender, gender identity, sexual orientation or political opinion.

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.4.1

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.9 Working Time 4.4.9.1 Working hours shall comply with national laws, collective bargaining agreements and benchmark industry standards, whichever affords greater protection for the Workers. In any event and at a minimum, the working hours at the Certified Entity shall comply with ILO international framework including the general principles in this sub-section. 4.4.9.2 Workers shall not be required to work in excess of 8 hours a day or 48 hours per week on a regular basis (excluding overtime), shall have the right to have rest breaks on every working day and shall be provided with at least 24 consecutive hours of rest within every 7-day period on average. 4.4.9.3 Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis and shall not represent a significantly higher likelihood of occupational hazards." The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.9, pp. 54-55: "GOTS Section 4.4.9 “Working Time” Guidance: The ILO international framework set up the minimum standards related to working hours to be respected by the Certified Entity in any event. Working hours can also be regulated by national laws, collective bargaining agreements or benchmark industry standards. The principles on working hours listed in sub-sections 3.9.2 and 3.9.3 are based on the ILO international framework and are the minimum standard to be respected in all cases by the Certified Entity even if national laws, collective bargaining agreements or benchmark industry standards are less protective for the workers. On the other hand, if national laws, collective bargaining agreements or benchmark industry standards are more protective for the workers than the ILO minimum standards, the Certified entity shall apply the set of rules that is most favourable for the workers in terms of working hours, periods of daily or weekly rest and overtime. The term “Working hours” means the time during which the persons employed are at the disposal of the Certified Entity; it does not include rest periods during which the persons employed are not at the disposal of the Certified Entity. The principle set up in this sub-section relates to normal hours of work understood as the number of hours that may legally be worked during the day or the week excluding overtime. The weekly period of rest, shall, wherever possible, (1) be granted simultaneously to all the persons concerned in the certified entity; (2) coincide with the day of the week established as a day of rest by the traditions or customs of the country or district; (3) respect as far as possible the traditions and customs of religious minorities. Overtime means hours worked in excess of normal hours of work. Voluntary means that overtime may not be forced, should not be subject to employer’s arbitrariness and needs to be in compliance with national laws. Overtime requirements as enumerated within an employment contract should be considered to be voluntary if it is permitted by and in accordance with national legislation or collectively bargained agreements. For part-time employees (employed persons whose normal hours of work are fewer than those of comparable full-time workers), the restriction of maximum 12 hours per week of overtime is not to be considered, so long as the total number of hours worked in the week is not more than the total (regular + overtime) allowed for full-time employees. References: a) C001 - Hours of Work (Industry) Convention, 1919 (No. 1) b) C014 - Weekly Rest (Industry) Convention, 1921 (No. 14) c) C030 - Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) d) C106 - Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) e) C175 - Part-Time Work Convention, 1994 (No. 175)"

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, 4.4.9. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.9, pp. 54-55.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.4.1 Discrimination in recruitment and employment practices is prohibited. Decisions about hiring, remuneration, benefits, training opportunities, work assignments, conditions of work, advancement, discipline, and termination or retirement by the Certified Entity shall be based solely on the ability to perform the job rather than based on personal characteristics or beliefs, such as race, national extraction, social background, religion, age, disability, marital status, parental status, association or trade union membership, gender, gender identity, sexual orientation or political opinion." "4.4.10 No Precarious Employment Is Provided 4.4.10.1 To every extent possible, work performed shall be on the basis of recognised employment relationships established through and in compliance with national law and practice, and international labour standards, whichever affords greater protection. 4.4.10.2 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, subcontracting, or home-working arrangements, nor through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor through seasonality or contingency work when used to undermine workers’ protection. Nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment. " "4.4.13.2 The Certified Entity shall inform its Workers about the contents of their employment contract, GOTS Human Rights and Social Criteria and any other related information provided by GOTS in the applicable local language(s)." The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.10, p.55: GOTS Section 4.4.10 “No Precarious Employment is Provided” Guidance: The Certified Entity shall ensure that employment relationships do not cause insecurity and social or economic vulnerability for workers. i.e. ensure protection arising from employment relationships and prevent the avoidance of such protection by way or reason of informal employment. The Certified Entity shall, insofar as possible, have written employment agreements expressly setting out the rights and obligations of employees under labour or social security laws and regulations. The work shall be performed based on recognised employment relationships, implicating rights and obligations of employees under labour or social security laws and regulations. References: R198 - Employment Relationship Recommendation, 2006 (No. 198), paras. 1, 9–13; OECD, Guidelines for Multinational Enterprises (2011), pp. 37-38 paras. 49-50

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.4.1, 4.4.10 and 4.4.13.2. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.10, p.55

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.5.2 Equal opportunities shall be provided to all individuals, regardless of their gender, gender identity and sexual orientation, for all aspects of training and professional and personal development." "4.4.10.1 To every extent possible, work performed shall be on the basis of recognised employment relationships established through and in compliance with national law and practice, and international labour standards, whichever affords greater protection. 4.4.10.2 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, subcontracting, or home-working arrangements, nor through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor through seasonality or contingency work when used to undermine workers’ protection. Nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment. "

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.10

Excerpt from standard:

"4.4.2.5 The Certified Entity shall ensure that Workers are not required to pay fees or any other costs for entering or retaining employment." "4.4.10.1 To every extent possible, work performed shall be on the basis of recognised employment relationships established through and in compliance with national law and practice, and international labour standards, whichever affords greater protection. 4.4.10.2 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, subcontracting, or home-working arrangements, nor through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor through seasonality or contingency work when used to undermine workers’ protection. Nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment. " "4.4.11.3 Migrant Workers shall be provided with a written employment contract - in a language that the Worker understands- with clear information about the terms and conditions of employment including as applicable, duration and hours of employment, deductions, benefits (such as leave and insurance), housing, food, and transportation. " "4.4.13.2 The Certified Entity shall inform its Workers about the contents of their employment contract, GOTS Human Rights and Social Criteria and any other related information provided by GOTS in the applicable local language(s)."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.2.5, 4.4.10.1., 4.4.10.2, 4.4.11.3 and 4.4.13.2.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.10.1 To every extent possible, work performed shall be on the basis of recognised employment relationships established through and in compliance with national law and practice, and international labour standards, whichever affords greater protection. 4.4.10.2 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, subcontracting, or home-working arrangements, nor through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor through seasonality or contingency work when used to undermine workers’ protection. Nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment. " "4.4.11.3 Migrant Workers shall be provided with a written employment contract - in a language that the Worker understands- with clear information about the terms and conditions of employment including as applicable, duration and hours of employment, deductions, benefits (such as leave and insurance), housing, food, and transportation. " "4.4.13.2 The Certified Entity shall inform its Workers about the contents of their employment contract, GOTS Human Rights and Social Criteria and any other related information provided by GOTS in the applicable local language(s)."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.10.1., 4.4.10.2, 4.4.11.3 and 4.4.13.2.

Excerpt from standard:

The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.1.3: "GOTS Section 4.4.1.3 “The Certified Entity shall respect human rights. The Certified Entity shall avoid causing, contributing, soliciting, encouraging or supporting human rights abuse through their activities. Further, the Certified Entity shall address any adverse human rights impacts or risks thereof for which they are responsible or with which they are involved “ Interpretation:  In all cases, irrespective of the country, specific context and/or nature of Certified Entities' operations, Certified Entities undertake to respect human rights and must respect human rights. Particularly as set out and applied within the GOTS Human Rights and Social Criteria; but Certified Entities must also be aware of and keep in mind the international instruments listed below in order to avoid abusing human rights.  This includes the overarching, internationally recognised human rights expressed in the International Bill of Human Rights.  The International Bill of Human Rights consists of: a) the Universal Declaration of Human Rights, b) the International Covenant on Economic, Social and Cultural Rights, and c) the International Covenant on Civil and Political Rights and its two Optional Protocols. --------  The Certified Entity shall uphold the United Nations’ Guiding Principles on Business and Human Rights. References: a) UN General Assembly, Universal Declaration of Human Rights, 10 December 1948 b) UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966 c) UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966 d) UN Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework (2011), including particularly pp. 13-26, see also et seq. --------  The Certified Entity shall follow relevant OECD guidance, including the OECD Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector. References: a) OECD (2011), OECD Guidelines for Multinational Enterprises, OECD Publishing, , see particularly pp. 13 et seq. b) OECD(2018), OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector, OECD Publishing, Paris --------  The Certified Entity shall respect and comply with the fundamental labour rights formulated by the International Labour Organisation (ILO) and recognised as international minimum standards, as set out in the ILO Declaration on Fundamental Principles and Rights at Work. To ensure proper implementation of GOTS Human Rights and Social Criteria, the corresponding relevant ILO Conventions and Recommendations shall be observed. References: Declaration on Fundamental Principles and Rights at Work of the International Labour Organisation (ILO). Forced Labour: C029 - Forced Labour Convention, 1930 (No. 29) C105 - Abolition of Forced Labour Convention, 1957 (No. 105) Child labour: C090 - Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) C138 - Minimum Age Convention, 1973 (No. 138) C182 - Worst Forms of Child Labour Convention, 1999 (No. 182) R190 - Worst Forms of Child Labour Recommendation, 1999 (No. 190) Discrimination and Harassment: C100 - Equal Remuneration Convention, 1951 (No. 100) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C190 - Violence and Harassment Convention, 2019 (No. 190) Gender Equality: C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C100 - Equal Remuneration Convention, 1951 (No. 100) C156 - Workers with Family Responsibilities Convention, 1981 (No. 156) C183 - Maternity Protection Convention, 2000 (No. 183) Freedom of association and the right to collective bargaining are respected: C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98) C135 - Workers' Representatives Convention, 1971 (No. 135) C154 - Collective Bargaining Convention, 1981 (No. 154) Occupational Health and Safety (OHS): C155 - Occupational Safety and Health Convention, 1981 (No. 155) R164 – Occupational Safety and Health Recommendation, 1981 (No. 164) C170 – Chemicals Convention, 1990 (No. 170); R097 – Protection of Workers’ Health Recommendation, 1953 (No. 97) Remuneration and Assessment of Living Wage Gap: C095 - Protection of Wages Convention, 1949 (No. 95) C131 - Minimum Wage Fixing Convention, 1970 (No. 131) R085 – Protection of Wages Recommendation, 1949 (No. 85) Working time: C001 - Hours of Work (Industry) Convention, 1919 (No. 1) C014 - Weekly Rest (Industry) Convention, 1921 (No. 14) C030 - Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) C106 - Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) No precarious employment is provided: C158 - Termination of Employment Convention, 1982 (No. 158) C175 - Part-Time Work Convention, 1994 (No. 175) C177 - Home Work Convention, 1996 (No. 177) C181 - Private Employment Agencies Convention, 1997 (No. 181) Migrant Workers: C097 - Migration for Employment Convention (Revised), 1949 (No. 97) C143 - Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) The conventions and recommendations mentioned above are published on the official ILO website. --------  Addressing adverse human rights impacts or risk thereof requires taking adequate measures for their prevention, mitigation and, where appropriate, remediation.  Certified Entities must address such adverse human rights impacts or risks thereof, even if they have not contributed to them, to the extent that the impacts or risks are directly linked to their operations, products or services by their business relationships."

Referenzdokumente:

The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.1.3.

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.2.2 No employee shall be compelled to work under the menace of penalty, including through force or intimidation of any form." GOTS 7.0 : 4.1.4 The Certified Entity shall adopt a Policy on Responsible Business Conduct that articulates Certified Entity’s commitments to responsible business conduct in its own operations and in its supply chain.

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.2.2., 4.1.4

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.7.1 The Certified Entity shall ensure safe and hygienic working conditions. To ensure safe and hygienic working conditions, the Certified Entity shall put in place an OHS system to detect, assess, avoid and respond to potential threats to the health and safety of Workers.| The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.7, p.52: "GOTS Section 4.4.7.1 “The Certified Entity shall ensure safe and hygienic working conditions …….” Guidance:  The Certified Entity shall take appropriate account of the international best practices and recommendations, when developing the policies regarding Occupational Health and Safety, including but not limited to those set by ILO.  The Certified Entity shall to the extent possible follow the ILO Code of Practice on Safety and Health in Textiles, Clothing, Leather and Footwear Industries.  The Certified Entity, if applicable, shall maintain documentary proof concerning the compliance with the domestic legal requirements for the levels of ventilation, lighting, temperature, noise, exposure to dust and cleanness. The Certified Entity shall also maintain all legally required certificates concerning the building safety and maintenance of electrical installations.  Besides, the Certified Entity shall take appropriate account of the relevant international conventions and recommendations. References: a) C155 – Occupational Safety and Health Convention, 1981 (No. 155), Articles 16-20 b) R164 - Occupational Safety and Health Recommendation, 1981 (No. 164), Section 4 c) C170 - Chemicals Convention, 1990 (No. 170), Articles 10-16 d) R097 - Protection of Workers' Health Recommendation, 1953 (No. 97) e) ILO Guidelines on Occupational Safety and Health Management Systems (ILO-OHS-2001)."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, 4.4.7.1. - 4.4.7.4. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.7, p.52

Excerpt from standard:

Global Organic Textile Standard (GOTS) Version 7.0: "4.4.7.4 The Certified Entity shall take appropriate steps and implement systems to prevent accidents, injuries and illnesses associated with or occurring in the course of work by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment and following the hierarchy of controls. The Certified Entity shall provide appropriate personal protective equipment to the Workers (including Homeworkers) at no cost to such Workers, and it shall assure that Workers use such equipment whenever necessary. 4.4.7.5 Certified Entity shall ensure adequate medical assistance and facilities to Workers in case of medical emergencies and accidents, including by providing adequate first-aid arrangements. 4.4.7.6 The Certified Entity shall maintain a Safety Data Sheet (SDS) for all chemical Substances and Preparations used and implement applicable health and safety measures for handling and storing these chemicals. 4.4.7.7 The Certified Entity shall take all appropriate measures within its sphere of influence to ensure the stability and safety of the equipment and buildings used, including accommodation to Workers, where provided, as well as protect against any foreseeable emergency. Workers shall be able to exit the premises in case of imminent danger without seeking permission." The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.7, p. 52: "GOTS Section 4.4.7.1 “The Certified Entity shall ensure safe and hygienic working conditions ……” Guidance:  The Certified Entity shall take appropriate account of the international best practices and recommendations, when developing the policies regarding Occupational Health and Safety, including but not limited to those set by ILO.  The Certified Entity shall to the extent possible follow the ILO Code of Practice on Safety and Health in Textiles, Clothing, Leather and Footwear Industries.  The Certified Entity, if applicable, shall maintain documentary proof concerning the compliance with the domestic legal requirements for the levels of ventilation, lighting, temperature, noise, exposure to dust and cleanness. The Certified Entity shall also maintain all legally required certificates concerning the building safety and maintenance of electrical installations.  Besides, the Certified Entity shall take appropriate account of the relevant international conventions and recommendations. References: a) C155 – Occupational Safety and Health Convention, 1981 (No. 155), Articles 16-20 b) R164 - Occupational Safety and Health Recommendation, 1981 (No. 164), Section 4 c) C170 - Chemicals Convention, 1990 (No. 170), Articles 10-16 d) R097 - Protection of Workers' Health Recommendation, 1953 (No. 97) e) ILO Guidelines on Occupational Safety and Health Management Systems (ILO-OHS-2001)."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.7.1. - 4.4.7.7. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.4.7, p. 52.

Excerpt from standard:

"4.4.7.5 Certified Entity shall ensure adequate medical assistance and facilities to Workers in case of medical emergencies and accidents, including by providing adequate first-aid arrangements."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.7.5.

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"4.4.7.13 The Certified Entity shall provide and not unreasonably restrict access to functional, clean toilet facilities, free of charge potable water, and, if appropriate, rest areas, food consuming areas and sanitary facilities for food storage. "

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.7.13.

Excerpt from standard:

"4.4.7.13 The Certified Entity shall provide and not unreasonably restrict access to functional, clean toilet facilities, free-of-charge potable water, and, if appropriate, rest areas, food consuming areas and sanitary facilities for food storage."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.7.13.

Excerpt from standard:

"4.4.7.10 The Certified Entity shall provide training and make safety signs available in the local language and the language(s) spoken by their workforce. The Certified Entity may additionally use pictograms for the safety signs. Workers shall be involved as per the law-defined mechanisms in the discussions related to occupational health and safety. 4.4.7.11 Workers (including Homeworkers and staff) shall receive regular and recorded health and safety training, including fire prevention training and evacuation drills (as relevant), and such training shall be repeated for new or reassigned Workers. "

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.7.10-4.4.7.11.

Excerpt from standard:

"4.4.7.14 Accommodation, where provided, shall be clean, safe, and meet the basic needs of the Workers."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.7.14.

Excerpt from standard:

"4.4.7.7 The Certified Entity shall take all appropriate measures within its sphere of influence to ensure the stability and safety of the equipment and buildings used, including accommodation to Workers, where provided, as well as protect against any foreseeable emergency. Workers shall be able to exit the premises in case of imminent danger without seeking permission."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.4.7.7.

Excerpt from standard:

"4.4.7.8 The Certified Entity shall demonstrate compliance with local fire safety regulations, including the provision of required firefighting equipment. 4.4.7.9 The Certified Entity shall make available unrestricted, thus unlocked and unobstructed, access to clearly marked emergency exits and escape routes. Certified Entity shall install and maintain functioning fire alarms on every floor or working area. 4.4.7.10 The Certified Entity shall provide training and make safety signs available in the local language and the language(s) spoken by their workforce. The Certified Entity may additionally use pictograms for the safety signs. Workers shall be involved as per the law-defined mechanisms in the discussions related to occupational health and safety. 4.4.7.11 Workers (including Homeworkers and staff) shall receive regular and recorded health and safety training, including fire prevention training and evacuation drills (as relevant), and such training shall be repeated for new or reassigned Workers. "

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.7.8 - 4.4.7.11.

Excerpt from standard:

"4.4.7.1 The Certified Entity shall ensure safe and hygienic working conditions. To ensure safe and hygienic working conditions, the Certified Entity shall put in place an OHS system to detect, assess, avoid and respond to potential threats to the health and safety of Workers."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 4.4.7.1.

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Workers must receive regular and recorded health and safety training.

Referenzdokumente:

p.17, 3.4

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4.3.1.3 The environmental and chemical management policies shall be shared with all employees. Depending on the processing/manufacturing stages, available data and procedures shall include: a. Responsible person(s) for environment and chemical management related duties b. Data on energy and water resources and their consumption per kg of textile output c. Target goals and procedures to reduce energy and water consumption per kg of textile d. Target goals and procedures to increase the use of renewable sources of energy e. Data on waste and discharges per kg of textile output f. Target goal and procedures to minimise waste and discharges g. Procedures to follow in case of waste and pollution incidents h. Documented staff training for topics such as conservation of resources such as water, energy, proper handling, responsible use and correct disposal of chemicals. i. Long-term and short-term projects for improvement

Referenzdokumente:

4.3.1 Environmental management Policy

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"1.2.4 The Certified Entity shall comply with local laws and regulations to ensure the legality of its business. The Certified Entity shall follow GOTS criteria or the local legal requirements, whichever affords higher protection to people and the environment."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.5.

Excerpt from standard:

"1.2.4 The Certified Entity shall comply with local laws and regulations to ensure the legality of its business. The Certified Entity shall follow GOTS criteria or the local legal requirements, whichever affords higher protection to people and the environment."

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 1.2.4.

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Certified Entities are expected to engage with stakeholders (internal and external) when implementing due diligence process. Please refer to Section 4.1.1. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.1.1 (i), p 17: "i) Include a commitment to meaningful engagement with affected stakeholders through the course of due diligence." "1.2.8 Certified Entities shall implement due diligence according to Section 4.1 and the relevant OECD guidance documents specified in the Manual for the Implementation of GOTS. Due diligence shall be preventative, dynamic, commensurate with risk (risk-based), informed by meaningful engagement with stakeholders, appropriate to Certified Entity’s circumstances, shall involve multiple processes and objectives, ensure ongoing communication, can involve risk-based prioritisation and shall not cause a shift of responsibilities. " "4.4.13.4 The Certified Entity shall allow Workers to nominate a representative for social accountability that can provide feedback to the management regarding the implementation status of and compliance with GOTS Human Rights and Social Criteria. "

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Sections 1.2.8, 4.1.1 and 4.4.13.4. The Manual for the Implementation of GOTS 7.0, Guidance and Interpretation of Section 4.1.1 (i), p. 17.

Excerpt from standard:

"4.1.4 The Certified Entity shall adopt a Policy on Responsible Business Conduct that articulates Certified Entity’s commitments to responsible business conduct in its own operations and in its supply chain. "

Referenzdokumente:

Global Organic Textile Standard (GOTS) Version 7.0, Section 4.1.4.