Auszug aus dem 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

Auszug aus dem Standard:

The complaints procedure allows workers or their representatives in garment factorieswhich supply members of FWF to make complaints about their working conditions andthe way the code of conduct is implemented in these factories.

Referenzdokumente:

Whole document

Auszug aus dem 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

Auszug aus dem 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

Auszug aus dem 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

Auszug aus dem 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.

Auszug aus dem Standard:

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)

Referenzdokumente:

webpage

Auszug aus dem Standard:

Wages and benefits paid for a standard working week shall... always be sufficient to meet basic needs of workers and their families and to provide some discretionary income.

Referenzdokumente:

webpage

Auszug aus dem Standard:

Wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards ...

Referenzdokumente:

webpage

Auszug aus dem 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.

Auszug aus dem Standard:

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:

webpage

Auszug aus dem 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

Auszug aus dem Standard:

Are salaries paid regularly, at least once per month, are they paid in a manner which is convenient to workers?

Referenzdokumente:

Audit manual - Payment of a Living Wage p. 72

Auszug aus dem 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

Auszug aus dem Standard:

Decent pregnancy, maternity and social protection for women workers, regardless of employment status

Referenzdokumente:

Gender Equality Policy

Auszug aus dem Standard:

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

Referenzdokumente:

1. Employment is freely chosen

Auszug aus dem Standard:

Are workers required to lodge 'deposits' (money, or other value) or their identity papers with their employer?

Referenzdokumente:

Audit manual - Em[;oyment is free chosen - p. 54

Auszug aus dem 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.

Auszug aus dem 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

Auszug aus dem 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.

Referenzdokumente:

webpage

Auszug aus dem 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

Auszug aus dem Standard:

If workers are hired through a labour contractor, management is still responsible for their labour contracts. For these workers the labour standards are fully applicable.

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Auszug aus dem Standard:

Check that the labour relationship is registered in such a way that it becomes binding under national law, either through a written contract, or a formal list of employees, etc. Obligations to employees under labour or social security law s and regulations arising from the regular employment must be respected.

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Auszug aus dem Standard:

Workers do not understand the terms and conditions of employment

Auszug aus dem 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.

Auszug aus dem Standard:

Physical abuse, threats of physical abuse, unusual punishments or discipline, sexual and other harassment, and intimidation by the employer is strictly prohibited.

Referenzdokumente:

webpage

Auszug aus dem Standard:

The atmosphere is not dusty (check tube legs!) and fumes are led through an exhaust host to the outside (check ironing and spot removal stations). (…) Noise levels do not exceed legal limits (check with machines, fans etc. working). (…)There is sufficient light.

Referenzdokumente:

Page 96-97.

Auszug aus dem 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.

Referenzdokumente:

7. Safe and healthy working conditions

Auszug aus dem 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

Auszug aus dem Standard:

Fresh drinking water is available. Check the source of water.

Referenzdokumente:

Page 98. OHS Requirements tick list.

Auszug aus dem Standard:

32. How many toilets are there?33. Are toilets separated by gender?34. Are toilets clean?

Referenzdokumente:

Page 4. General work environment

Auszug aus dem Standard:

Health and safety training for workers is not provided or inadequate

Auszug aus dem 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

Auszug aus dem 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

Auszug aus dem Standard:

1. Are emergency exit routes clearly marked? (signs, maps, floor markings?)2. Are emergency exits locked or blocked by fabric, machines, etc?3. Is there enough space between each workstation for emergency evacuation?4. Are emergency lights available at the exits or stairwells?5. What kind of firefighting equipment does the factory have?6. Is fire-fighting equipment blocked by equipment, fabric, etc?7. Is there a working fire alarm system?

Referenzdokumente:

Page 2. Fire & electrical safety

Auszug aus dem 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

Auszug aus dem Standard:

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:

3. There is no discrimination in employment

Auszug aus dem 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.

Auszug aus dem 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

Auszug aus dem Standard:

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

Referenzdokumente:

Audit Manual, p. 28, procedure for documents inspection

Auszug aus dem 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

Auszug aus dem 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

Auszug aus dem Standard:

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

Referenzdokumente:

hrdd