Excerpt from standard:

2. Freedom of association and the right to collective bargaining 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) FOA-06 Workers cannot freely form or join the union of their choice FOA-07 Workers are not aware of union(s) or its function FOA-08 Factory management does not allow trade unions to approach workers FOA-09 Factory management does not treat different unions equally FOA-10 Factory management provides incentives to workers to keep them from joining a union or engaging in union activities FOA-11 Factory management punishes, threatens, intimidates, harasses, terminates or does not renew workers' contracts due to their union membership or activities FOA-12 The existing trade union(s) or worker representatives are not allowed to be involved/are not involved in improving working conditions

Referenzdokumente:

6. The Fair Wear Code of Labour Practices

Excerpt from standard:

Member brands are expected to establish effective grievance mechanisms in their owned production locations aligned with the UNGP and OECD effectiveness criteria.[1] When effective FLGMs are not present, functional, trusted or safe for workers or their representatives to use, the member brand is required to establish a process that is legitimate, accessible, predictable, equitable, transparent, and dialogue-based [2] to enable remediation of human rights impacts in their supply chains. In countries where Fair Wear is active, this means at a minimum providing the Fair Wear Complaint Helpline and meeting requirements of brands as set in Fair Wear's Complaint Procedure. The member brand is also expected to work with its supplier to establish effective FLGMs over time.

Referenzdokumente:

Step 6: Provide for or co-operate in remediation when appropriate

Excerpt from standard:

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

Excerpt from standard:

FCS-01 Factory management has not communicated about Fair Wear code of labour practices / local regulations on rights and duties to its workforce FCS-02 Factory management has not communicated its own policies and procedures to the workforce FCS-08 Factory management has not provided any trainings to worker representatives on compliance requirements HS-10 Safety & health training for workers is not provided or inadequate

Excerpt from standard:

NCL-02 The factory employs children under the age of 15 NCL-03 The factory does not have a written policy regarding juvenile workers NCL-04 Juvenile work is not compliant to local law and/or international standards NCL-05 Factory does not maintain complete age or identity records in workers' personnel files NCL-06 Factory does not check age proof documents of workers at the time of employment NCL-07 Factory does not conduct alternate age verification for workers who cannot produce age records NCL-08 Contracts for juvenile workers are not signed by parent or legal guardian NCL-09 Juvenile workers are not registered and/or recorded as per law with the local labour bureau or equivalent NCL-10 No regular health check-ups for juvenile workers are conducted

Excerpt from standard:

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

Referenzdokumente:

FWF Policy

Excerpt from standard:

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

Referenzdokumente:

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

Excerpt from standard:

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

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5. Payment of living wage

Excerpt from standard:

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

Referenzdokumente:

5. Payment of living wage

Excerpt from standard:

8. Legally binding employment relationship Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment. Younger workers shall be given the opportunity to participate in education and training programmes. LW-04 Allowances, bonuses or social security benefits are not paid as legally required LW-05 Overtime premium is not paid as legally required ND-06 There is no record of workers who availed maternity benefits ND-07 Male workers are not granted paternity leave when legally required ND-08 Factory management changes the employment status, position, wages, benefits or seniority of workers during/after maternity leave ND-09 Factory management dismisses workers or forces them to leave based on their health status, pregnancy or maternity leave

Excerpt from standard:

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

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6. Reasonable hours of work

Excerpt from standard:

B. Required leaves are not provided to workers D. 1) What is the leave policy, including sick leave, annual paid leave and public holiday leave? 2) Can workers avail leaves, what is the process?

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117 REASONABLE HOURS OF WORK

Excerpt from standard:

Payment of a living wage Wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards and always be sufficient to meet basic needs of workers and their families and to provide some discretionary income. (ILO Conventions 26 and 131). Deductions from wages for disciplinary measures shall not be permitted nor shall any deductions from wages not provided for by national law be permitted. Deductions shall never constitute an amount that will lead the employee to receive less than the minimum wage. Employees shall be adequately and clearly informed about the specifications of their wages including wage rates and pay period. FW Potential and Actual Harms: LBER-05 Work contracts do not specify the employment terms and conditions LBER-06 Workers do not understand the employment terms and conditions LW-06 Wages are paid later than legally required. LW-17 Workers do not receive a payslip OR receive a payslip but it is not in the language understood by the workers

Referenzdokumente:

Audit manual - Payment of a Living Wage p. 72

Excerpt from standard:

3. There is no discrimination in employment 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). ND-01 There are no written policies and procedures regarding discrimination ND-02 Race, gender, caste, origin, religion, age, disability, marital status, sexual orientation, union membership and/or political opinion are influencing factors in hiring, compensation, access to training, promotion, termination and/or retirement ND-03 There is no internal grievance system where workers can raise complaints on discrimination and harassment ND-04 There is a grievance mechanism on discrimination and harassment, but it is ineffective ND-05 Factory management conducts health screenings (pregnancy, HIV/AIDS, HBV etc.) during recruitment process or during employment ND-06 There is no record of workers who availed maternity benefits ND-07 Male workers are not granted paternity leave when legally required ND-08 Factory management changes the employment status, position, wages, benefits or seniority of workers during/after maternity leave ND-09 Factory management dismisses workers or forces them to leave based on their health status, pregnancy or maternity leave ND-10 The percentage of women in supervisory and other higher-paid positions is low ND-11 Workers with disabilities who apply for work are not evaluated according to their ability to perform the job ND-12 There is no formal performance review system of workers which increases the risk of discrimination

Referenzdokumente:

3. There is no discrimination in employment

Excerpt from standard:

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

Referenzdokumente:

Gender Equality Policy

Excerpt from standard:

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

Referenzdokumente:

1. Employment is freely chosen

Excerpt from standard:

Factory management withholds wages and documents of workers

Referenzdokumente:

Excerpt from standard:

Employment is freely chosen. There shall be no use of forced, including bonded or prison, labour. (ILO Conventions 29 and 105) EFC-01 The factory does not have a written policy regarding forced labour/employment is freely chosen EFC-02 Workers are not allowed to leave the premises outside legal working hours EFC-03 Factory management withholds wages and documents of workers EFC-04 Workers are not free to terminate their employment with reasonable notice or leave when their contracts expire EFC-05 Workers are obliged to pay significant deposits when starting employment EFC-06 Factory management delays paying workers when workers decide to resign EFC-07 Factory management restricts worker movement within factory premise EFC-08 The factory subcontracts work to a prison EFC-09 Workers with debts from management are forced to stay in the job EFC-10 Workers are required to sign/put thumb impression on blank papers EFC-11 Workers have debts to/loans from the management without any written terms and conditions EFC-12 Overtime is not voluntary

Excerpt from standard:

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

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3. There is no discrimination in employment

Excerpt from standard:

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

Referenzdokumente:

6. Reasonable hours of work

Excerpt from standard:

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

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Excerpt from standard:

LBER-16 Factory management does not comply with legal requirements concerning sub-contracted workers, homeworkers and/or migrant workers

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Excerpt from standard:

LBER-02 There are no work contracts or other proof of employment relation for all workers LBER-03 Workers are not provided copies of contracts or appointment letters LBER-04 Content of the work contract does not comply with legal requirements LBER-05 Work contracts do not specify the employment terms and conditions LBER-06 Workers do not understand the employment terms and conditions LBER-13 Workers are consistently employed on temporary contracts LBER-14 Workers sign on work contracts or resignation letters without knowledge of the content

Referenzdokumente:

Audit manual - Legally binding emploment relationship p. 90

Excerpt from standard:

LBER-06 Workers do not understand the employment terms and conditions

Excerpt from standard:

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

Excerpt from standard:

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

Referenzdokumente:

7. Safe and healthy working conditions

Excerpt from standard:

HS-26 Dust density is high HS-27 Noise level exceeds maximum exposure limit HS-28 Temperature of the environment is not appropriate HS-29 Slippery surfaces are not designated HS-30 Work environment is cluttered/untidy HS-31 Ventilation is insufficient or inadequate HS-32 Overall lighting is insufficient or inadequate HS-33 Workers in standing positions are not provided with anti-fatigue mat HS-34 Workers in sitting positions are not provided with chairs with back support

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Page 96-97.

Excerpt from standard:

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

Referenzdokumente:

7. Safe and healthy working conditions

Excerpt from standard:

HS-10 Safety & health training for workers is not provided or inadequate HS-17 Medical checks for workers are not provided or insufficient HS-18 First aid personnel is not trained or insufficient HS-19 Medical room or medical facility is not available or inadequate HS-20 First aid kit is missing or insufficient HS-23 Safety & Health procedure for pregnant or nursing workers does not exist or is inadequate HS-25 Worker transport provided by the factory is unsafe or inadequate

Excerpt from standard:

HS-63 Water or food containers are not labelled or not stored appropriately HS-68 Clean drinking water is not free and available

Referenzdokumente:

Page 98. OHS Requirements tick list.

Excerpt from standard:

HS-02 Factory working conditions pose threat to the health of workers HS-24 Insufficient number of toilets HS-64 Factory management does not provide hygienic materials for workers in the toilets HS-65 Toilets are not cleaned adequately HS-66 Canteen staff certificate is invalid or insufficient HS-67 Handwashing facilities in the canteen are inadequate

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Page 4. General work environment

Excerpt from standard:

HS-10 Safety & health training for workers is not provided or inadequate

Excerpt from standard:

HS-23 Safety & Health procedure for pregnant or nursing workers does not exist or is inadequate HS-24 Insufficient number of toilets HS-53 Building safety is inadequate HS-54 Factory dormitories do not ensure safety and health of workers HS-55 Factory dormitories are not separated from production areas HS-56 Factory dormitories do not comply with minimum personal space requirements HS-62 Food storage and preparation is not hygienic HS-63 Water or food containers are not labelled or not stored appropriately HS-64 Factory management does not provide hygienic materials for workers in the toilets HS-65 Toilets are not cleaned adequately HS-66 Canteen staff certificate is invalid or insufficient HS-67 Handwashing facilities in the canteen are inadequate HS-68 Clean drinking water is not available

Excerpt from standard:

HS-35 Evacuation drills are not conducted as legally required HS-36 Evacuation plan is not available, incorrect or inappropriate HS-37 Fire evacuation route(s) are blocked, inadequate or not clearly marked HS-38 Fire alarm is inadequate HS-39 Fire fighting equipment is insufficient and/or not appropriately maintained HS-40 Fire exits are insufficient and/or signs and maps are defective or missing HS-41 Emergency lighting is missing, inadequate or malfunctioned HS-42 Inadequate storage of inflammable materials HS-43 Regular electrical safety inspections are not conducted or insufficient HS-44 Electrical wiring is inadequately encased or secured HS-45 Access to breaker switch is blocked HS-46 Electrical distribution board is inadequate

Excerpt from standard:

HS-35 Evacuation drills are not conducted as legally required HS-36 Evacuation plan is not available, incorrect or inappropriate HS-37 Fire evacuation route(s) are blocked, inadequate or not clearly marked HS-38 Fire alarm is inadequate HS-39 Fire fighting equipment is insufficient and/or not appropriately maintained HS-40 Fire exits are insufficient and/or signs and maps are defective or missing HS-41 Emergency lighting is missing, inadequate or malfunctioned HS-42 Inadequate storage of inflammable materials

Referenzdokumente:

Page 2. Fire & electrical safety

Excerpt from standard:

HS-35 Evacuation drills are not conducted as legally required HS-36 Evacuation plan is not available, incorrect or inappropriate HS-37 Fire evacuation route(s) are blocked, inadequate or not clearly marked HS-38 Fire alarm is inadequate HS-39 Fire fighting equipment is insufficient and/or not appropriately maintained HS-40 Fire exits are insufficient and/or signs and maps are defective or missing HS-41 Emergency lighting is missing, inadequate or malfunctioned

Excerpt from standard:

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

Referenzdokumente:

3. There is no discrimination in employment

Excerpt from standard:

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

Referenzdokumente:

Fair Wear member requirements

Excerpt from standard:

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

Referenzdokumente:

Safety & health

Excerpt from standard:

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

Referenzdokumente:

Audit Manual, p. 28, procedure for documents inspection

Excerpt from standard:

FMS-06 Factory policies and procedures are maintained but do not comply with local law / international standard or FW code of labour practices

Excerpt from standard:

Step 1.1.2.f Carrying out meaningful stakeholder engagement in the course of due diligence. This includes committing to engagement that is two-way, conducted in good faith and responsive. It means committing to engaging stakeholders in on-site factory assessments, the development of corrective action plans, the verification and validation and monitoring of impacts, and the design of grievance mechanisms[5]. Stakeholders refer to persons or groups of persons who are or could be directly or indirectly affected by the actions of the brand. This includes employees and workers, trade unions or organisations of the workers’ own choosing, but also suppliers and community members and governments[6].

Referenzdokumente:

Step 1: Embed Human Rights Due Diligence in Policy and Management Systems

Excerpt from standard:

step 1.1.2.e Assessing and addressing responsible purchasing practices in-line with the Common Framework for Responsible Purchasing Practices (CFRPP)[4].

Referenzdokumente:

Step 1: Embed Human Rights Due Diligence in Policy and Management Systems

Excerpt from standard:

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

Referenzdokumente:

hrdd