MODULE 1

ABOUT SOCIAL ACCOUNTABILITY, CHILD LABOUR, FORCED & COMPULSORY LABOUR

COVERAGE

SA8000 – An overview The Need for SA8000 Child Labour Forced or Compulsory Labour

CHAPTER I

SA8000 – An overview

What is SA8000 A voluntary standard Auditable by third-party

verification, Sets out the requirements to be met

by organisations primarily on ◦ establishment or improvement of

workers’ rights, workplace conditions and ◦ an effective management system.

What is SA8000

Based on:◦ Universal Declaration of Human Rights◦ UN Convention on the Rights of the Child◦ Conventions of the International Labour

Organization (ILO) Ensures ethical sourcing of goods and

services Modelled after the established ISO 9001

and ISO 14001 standards Developed by Social Accountability

International (SAI)

What is SA8000

SA 8000 is both a performance standard and a management-system standard.

The standard contains: ◦ Predetermined performance requirements

(criteria)◦ Requirements for a management system

WHAT SA8000 COVERS1. Child Labor2. Forced Labor3. Health & Safety4. Freedom of Association & Right

to Collective Bargaining5. Discrimination6. Disciplinary Practices7. Working Hours8. Remuneration9. Management Systems

Genesis of SA8000World Conventions:◦ Freedom of association & collective

bargaining◦ Freedom from forced labor◦ Abolition of child labor◦ Freedom from discrimination

Also covers Fairness:◦ Provisions for a basic living wage◦ Definition of long working hours◦ Health and safety in the workplace

INTENT OF SA 8000The intent of SA8000 is To provide an auditable, voluntary standard, based

on the UN Declaration of Human Rights, ILO andother international human rights and labour normsand national labour laws,

To empower and protect all personnel within anorganisation’s control and influence who provideproducts or services for that organisation,including personnel employed by the organisationitself and by its suppliers, sub-contractors, sub-suppliers and home workers.

It is intended that an organisation shall complywith this Standard through an appropriate andeffective Management System.

SCOPE OF SA 8000

It is universally applicable toevery type of organisation,regardless of Size, Geographic location or Industry sector.

LEGAL COMPLIANCE The organisation shall comply with ◦ Local, national and all other applicable laws, ◦ Prevailing industry standards, ◦ Other requirements to which the

organisation subscribes and ◦ This Standard ( SA 8000)

When such laws, standards or other requirements to which the organisation subscribes and this Standard address the same issue, the provision most favourable to workers shall apply.

MANAGEMENT SYSTEM Management System - is central to

implementation, monitoring andenforcement of SA 8000.

When implementing the ManagementSystem element, it is a required prioritythat joint involvement of worker andmanagement be established,incorporated and maintainedthroughout the compliance processwith all the Standard’s elements.

CHAPTER II

THE NEED FOR SA 8000

EFFECTS OF GLOBALISATION

Globalisation is leading to ◦ Additional business opportunities◦ Potential for higher Economic growth

Coupled with ◦ Declining workplace conditions◦ Wages insufficient to support a family◦ Low job security◦ More restrictions on trade unions

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WHY STANDARDISESuitable Working Conditions need to be standardised:◦ World-wide due to ‘globalisation’◦ Because of varying codes of conduct

in different industries◦ To have a standardised certification

process (assess conformity)◦ To establish a baseline for

consistency and comparison

WHY HAVE A STANDARD To ensure that labour standards for

workers are respected To be transparent and use an

independent verification of companypractices To avoid practices that violate human

rights and avoid turning a ‘blindeye’ to suppliers which violatehuman rights

TRIPLE BENEFITS

ECONOMIC ENVIRONMENTAL

SOCIAL

SUSTAINABILITY

THE STAKEHOLDERS

NGOsMULTI-NATIONALS

CERTIFYING BODIESCONSUMERS

WORKERS

UNIONS

HUMAN RIGHTSGROUPS

SHAREHOLDERS

SUPPLY CHAIN

GOVERNMENTS

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SA 8000 DOCUMENTS

Three Audit reference documents are◦ SA8000: 2014 Standard◦ SA8000 Performance Indicator

Annex setting out minimum performance expectations. ◦ SA8000 Guidance Document

facilitating compliance with the Standard.

SA 8000 is an universal standard fororganisations seeking basic rights forthe workers

SA 8000 contains both performancerequirements as well as requirementsfor a management system

SA 8000 is an auditable standard,modelled after the established ISO9001 and ISO 14001 standards

SUMMARY

CHAPTER III

CHILD LABOUR

COVERAGE

SA 8000 Requirements Definitions Intent of SA 8000 Key issues to review Evidence of compliance What auditors look for

SA 8000 RequirementsThe organisation shall not engage in or

support the use of child labour asdefined in this standard

The organisation shall establish,document, maintain and effectivelycommunicate to personnel and otherinterested parties, written policies andprocedures for remediation of childlabourers, and shall provide adequatefinancial and other support to enablesuch children to attend and remain inschool until no longer a child.

SA 8000 1.1 & 1.2

SA 8000 RequirementsThe organisation may employ young

workers, but where such young workers aresubject to compulsory education laws, theyshall work only outside of school hours.

Under no circumstances shall any youngworker’s school, work and transportationtime exceed a combined total of 10 hoursper day, and in no case shall youngworkers work more than 8 hours a day.

Young workers may not work during night hours.

SA 8000 1.3

SA 8000 Requirements

The organisation shall not exposechildren or young workers to anysituations in or outside of theworkplace that are hazardous orunsafe to their physical andmental health and development.

SA 8000 1.4

Definitions Child: Any person less than 15 years of age,

unless the minimum age for work or mandatory schooling is stipulated as being higher by local law, in which case the stipulated higher age applies in that locality.

Young Worker: Any worker over the age of a child, as defined above, and under the age of 18.

Child Labour: Any work performed by a child younger than the age(s) specified in the above definition of a child, except as provided for by ILO Recommendation 146.

Intent of SA8000 SA8000 prohibits child labour. SA8000 allows for youth labour,

provided there are adequate protectionsfor the youth workers

The intent of this clause is to protectchildren from exploitation in formalizedworkplace settings

Provide remediation for any childrenwho are working for the Organisation

Organisation ensures specialprotections are in place to ensure thewellbeing of youth workers.

Interpretations Employing a child under 15 is considered child

labour SA8000 Standard references ILO Convention

138 among the normative elements, whichallows for developing country labour toestablish the minimum age of 14.

Have a clear policy against employing children The organisation is committed to ensuring

child labour is not used, management hasdefined a remediation plan in keeping with theSA8000 requirements and for use in the eventsuch a case ever arises.’

Implementation Company policy and planning Effectively communicating a company’s child

labour remediation policies and procedures topersonnel and other interested parties

Provide adequate financial and other support Under no circumstances shall any young

worker’s school, work, and transportation timeexceed a combined total of 10 hours per day

Night hours: do not permit children and youngworkers to work after nightfall ( 8 PM to 8 AM)

Hazardous conditions at work Physical and mental health and development

Key Issues to Review Detecting child labour, young workers Number of hours worked Categories of work◦ Hazardous work, ◦ Light Work,

Evidence of Compliance Compliance with local and national legal

requirements Documentation of hours of work Documentary evidence exists for proof of age Payroll records show that young workers receive

equal pay for equal work Number of apprentices is low School records on attendance by young workers Workers’ knowledge and understanding of

company policies and programs Workers’ and their families’ testimony Community interviews, especially with teachers,

social workers and child welfare advocates

Background Information There are 168 million children working as child

labour, of which 51% or 85 million are engaged inhazardous work, a proxy for the worst forms of childlabour (ILO -2012)

Child labour is illegal in the vast majority ofcountries

Poverty is widely regarded as a major cause of childlabour,- Cultural beliefs, traditions, inequality in wealthdistribution, market demand (for children at ratescheaper than adults), and lack of political will

ILO has adopted more than ten conventions addressingproblems related to child labour,Convention 138 (Minimum Age Convention) and Convention 182 (Worst Forms of Child Labour Convention)

CHAPTER IV

FORCED OR COMPULSORY LABOUR

COVERAGE

SA 8000 Requirements Definitions Intent of SA 8000 Key issues to review Evidence of compliance What auditors look for

SA 8000 RequirementsThe organisation shall not engage in

or support the use of forced orcompulsory labour, as defined inConvention 29, shall not retainoriginal identification papers andshall not require personnel to pay‘deposits’ to the organisationupon commencing employment.

SA 8000 2.1

SA 8000 RequirementsNeither the organisation nor any entity

supplying labour to the organisationshall withhold any part of anypersonnel’s salary, benefits,property or documents in order toforce such personnel to continueworking for the organisation.

The organisation shall ensure that noemployment fees or costs are bornein whole or in part by workers.

SA 8000 2.2 & 2.3

SA 8000 RequirementsPersonnel shall have the right to leave

the workplace premises aftercompleting the standard workday andbe free to terminate their employmentprovided that they give reasonablenotice to their organisation.

Neither the organisation nor any entitysupplying labour to the organisationshall engage in or support humantrafficking.

SA 8000 2.4 & 2.5

DefinitionsBonded labour: Situation in which a person is forced by

the employer or creditor to work to repay a financialdebt to the crediting entity.

Forced and compulsory labour: All work or servicewhich is exacted from any person under the menaceof any penalty and for which the said person has notoffered himself voluntarily.

Penalty can imply a form of monetary sanctions, orphysical forms of punishment such as loss of rightsand privileges or restrictions on movement oremployers’ holding of “deposits” or identitypapers (e.g. passports, etc.).

Human Trafficking: The recruitment, transfer,harbouring or receipt of persons, by means of the useof threat, force, other forms of coercion, or deceptionfor the purpose of exploitation.

Intent of SA8000 Guarantee employees’ physical freedom

while in the workplace Intended to prohibit all forms of forced or

compulsory labour under every condition Include all forms of forced labour, including

the use of compulsory prison labour byprivate business entities , debt bondage orindentured servitude.

Threats are also all prohibited underSA8000: monetary sanctions, physicalpunishment, withholding of papers, loss ofrights or privileges and restrictions onmovements.

Interpretations To prohibit the employer from taking

or threatening to take any negativeaction on any of a workers’ wage,benefit, property or documents tocompel the workers’ labour

The essence of what is beingprotected here is the voluntarinessof workers’ labour.

No Debt Bondage Reasonable Notice for voluntary

separation

Implementation Freedom of movement Ex ante resignation letters is not acceptable Not necessary for management to ‘protect’

their passports or other personal identification documents

Training: not the case of forced labour, as long as the employee voluntarily participated in the training and agreed to the contract terms

Company is responsible for all costs to be incurred for a worker’s job related to training.

Advanced education degrees Resignation from employment

Key Issues to Review Interview both guards and workers for

conditions like imprisonment Investigate if Financial bonds are asked

as a condition of employments Investigate whether employees may be

restricted, coerced or intimidated in any way to remain at the worksite or in company dormitories

Meet Labour contractors or sub-contractors

Interview migrant workers

Evidence of Compliance The organisation or management policy Employees confirmation they are not asked to

lodge deposits, either of identity papers, salaries or money

Wage records Employee handbooks, training manuals,

grievance procedures Employment agreements Workers’ testimony regarding bondage and

terms of employment Terms and conditions on early termination of

employment and workers understanding of the agreement

Background Information

Forced labour, such as debtbondage, are less known, but arefar more common today. In 2012,according to the ILO, more than 12million people around the worldare trapped in conditions of forcedlabour

Major causes of forced labourinclude poverty and the lack ofeducation

Background InformationReference Documents◦ The ILO Forced Labour Convention 29 (1930)◦ The ILO Protection of Wage Convention 95 (1949)◦ The ILO Abolition of Forced Labour Convention 105

(1957) As of February 2012, 171 countries ratified

Convention 105, and 175 countries ratified Convention 29.

These countries agreed to create new legislation or revise existing legislation to reflect the intent of ILO conventions and show governments’ commitment to eliminating forced labour in its numerous forms.

Some More Definitions Shall: In this Standard the term “shall” indicates

a requirement. May: In this Standard the term “may” indicates

a permission Preventive action is taken to prevent occurrence. Corrective action is taken to prevent recurrence Interested parties: An individual or group

concerned with or affected by the socialperformance and/or activities of theorganisation.

Social performance: An organisation’sachievement of full and sustained compliancewith SA8000 while continually improving.

Tell the World that Child Labouris NOT part of your business

and that you treat your workers fairly.

END OF

MODULE 1