Core Operations
Workplace conditions
The following Articles of the Universal Declaration of Human Rights are directly relevant. (see Resources for the UDHR in full.)
UDHR Article 23(1)
Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment
UDHR Article 23(3)
Everyone who works has the right to just and favourable remuneration
UDHR Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay
UDHR article 25
Everyone has the right to an adequate standard of living for the health and well-being of himself/herself and family
Workplace conditions include factors such as working hours, wages, health and safety and disciplinary practices.
What are the main issues?
The International Labour Organisation's Convention 30, Hours of Work (Commerce and Offices), 1930 states:
Article 3
The hours of work of persons to whom this Convention applies shall not exceed forty-eight hours in the week and eight hours in the day, except as hereinafter otherwise provided.
Article 4
The maximum hours of work in the week laid down in Article 3 may be so arranged that hours of work in any day do not exceed ten hours.
The Ethical Trading Initiative (ETI) is a UK based alliance of companies, non-governmental organisations (NGOs) and trade union organisations. It exists to promote and improve the implementation of corporate codes of practice which cover supply chain working conditions. Its goal is to ensure that the working conditions of workers producing for the UK market meet or exceed international labour standards. See Resources for a link to the ETI web site.
The Ethical Trading Initiative Base Code (which is derived from the International Labour Organisation's conventions) states:
WORKING HOURS ARE NOT EXCESSIVE
- Working hours comply with national laws and benchmark industry standards, whichever affords greater protection.
- 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 7 day period on average. 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.
- Working excessively long hours can have a negative impact on quality and productivity and increases the risk of accidents in the workplace
- Workers may wish to work some overtime, for example if they are living away from home with the aim of sending money to their families
- Pressure to work long hours may arise from customer demands. For example, assignments need to be completed to a deadline despite time lost or work being added to the initial specification - workers may then be required to work unreasonable overtime
- Systems based on piecework (where payment is based on the output of the worker) may lead to long working hours
- Overtime should be voluntary and should be paid at a higher rate
- The company should at the minimum be aware and in compliance with local law related to working hours, and where possible, strive to meet the highest available standards; the company working hour policies should be clearly communicated to employees.
Article 5 of the International Covenant on Economic, Social and Cultural Rights states that remuneration should provide all workers, as a minimum, with:
'A decent living for themselves and their families in accordance with the provisions of the present Covenant'
The Ethical Trading Initiative Base Code (which is derived from the International Labour Organisation's conventions) states:
LIVING WAGES ARE PAID
- Wages and benefits paid for a standard working week 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 to provide some discretionary income.
- All workers shall be provided with written and understandable Information about their employment conditions in respect to wages before they enter employment and about the particulars of their wages for the pay period concerned each time that they are paid.
- Deductions from wages as a disciplinary measure shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the expressed permission of the worker concerned. All disciplinary measures should be recorded.
- Wages should provide all workers, as a minimum, with a decent living for themselves and their families
- Calculating what wage will provide a decent living can be very difficult, and in some places (particularly in big cities) the official minimum wage may not constitute a fair wage
- A fair wage enables a worker to earn enough in a working week to meet all their basic needs and those of their dependants plus some discretionary income - they should not have to work overtime just to achieve this minimum standard of living
- There may be a legally defined national or regional minimum wage, in which case workers should receive at least this amount
- Some countries may also have a Living Wage in place.
The International Labour Organisation's Convention 155, Occupational Safety and Health, 1981 states:
Article 16
1. Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.
2. Employers shall be required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.
3. Employers shall be required to provide, where necessary, adequate protective clothing and protective equipment to prevent, so far is reasonably practicable, risk of accidents or of adverse effects on health.
Article 18
Employers shall be required to provide, where necessary, for measures to deal with emergencies and accidents, including adequate first-aid arrangements.
- As far as possible, hazards to health and safety in the workplace should be removed
- If it is not possible to remove them completely, then the work should be done in a way that minimises the risk to the worker — for example by ensuring that equipment has safety devices in place, that workers are properly trained to use the equipment, that they are properly supervised, and that appropriate personal protective equipment (PPE) is provided free of charge and used properly
- Effective health and safety prevention and remediation policies and procedures, in compliance with international standards (as a minimum) should be adopted
- Effective procedures and process for reviewing and responding to health and safety complaints should be in place
- In addition, employees at greater risk of injury (due to disability, age, pregnancy or lack of experience for example) should have access to further support if required
- All accidents should be properly recorded, including fatal and lost time accidents
The Ethical Trading Initiative Base Code (which is derived from the International Labour Organisation's conventions) states:
NO HARSH OR INHUMANE TREATMENT IS ALLOWED
- Physical abuse or discipline, the threat of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation shall be prohibited.
- These should not involve fines as this may detract from workers' ability to earn a fair wage
- Workers should not be threatened with severe punishments, which could be regarded as mental coercion
- No corporal punishment, physical or mental coercion, or verbal abuse should be used to discipline workers
- Workers should not be disciplined for raising concerns (whistle blowing) in good faith
- There should be written disciplinary procedures and process
- There should be an independent or non-line management complaint mechanism.
Discrimination
The following articles of the Universal Declaration of Human Rights are directly relevant. (see Resources for the UDHR in full.)
UDHR Article 2
Everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind
UDHR Article 23 (2)
Everyone, without any discrimination, has the right to equal pay for equal work.
Adopted in 1998, the International Labour Organisation's 'Declaration on Fundamental Principles and Rights at Work' is an expression of commitment by governments and employers' and workers' organisations to uphold basic human values that are vital to our social and economic lives. The Declaration covers four areas, including the elimination of discrimination in the workplace.
Discrimination is treating a worker or prospective worker less favourably than another on such grounds as race, caste, tribe, ethnic origin, nationality, religion, disability, gender, sexual orientation, union membership, political affiliation, language, mental and physical disability, opinion, health status (including HIV/Aids) or age.
Discrimination may occur in recruitment, during work or when terminating contracts with workers.
What are the main issues?
- In hiring new staff, companies should use objective and transparent criteria to avoid direct discrimination
- There are particular types of employment where age or gender may be relevant criteria but these are rare exceptions
- Workers should get equal access to training, promotion and benefits such as holidays, time off to practice their religion and sickness pay
- Workers should be paid the same for the same work performed
- Workers should not be required as a matter of course to take pregnancy/HIV tests
- Places of work may need to be adapted to enable people with disabilities to work
- Some workers may be subjected to harassment and abuse (mental or physical) by other workers as a result of difference (eg: race, religion, disability). Companies should take steps to prevent this and ensure that any alleged incidents are dealt with appropriately
- Workers should not be discriminated against for whistle blowing (raising issues of concern in good faith with management or designated third parties)
- The working environment should recognise the needs of different cultures and be respectful of different cultural or religious practices
- Companies should respect the privacy of workers and should ensure that personal information is properly safeguarded
- When workers leave a company through redundancy, the selection of workers should be based on objective criteria (such as length of service)
- When workers leave a company as a result of dismissal, the decision to dismiss the worker should be based on objective criteria relating to his/her performance in the workplace
- Decisions to dismiss a member of staff should be made fairly and over an appropriate period of time, allowing the worker an opportunity to improve their performance if this is a relevant consideration
- There should be an independent and objective complaints and disciplinary process and procedure
Child labour
Article 3 of the UN's Minimum Age Convention states:
The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years.
[States may] authorise employment or work from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity.
Adopted in 1998, the International Labour Organisation's 'Declaration on Fundamental Principles and Rights at Work' is an expression of commitment by governments and employers' and workers' organisations to uphold basic human values that are vital to our social and economic lives. The Declaration covers four areas, including the abolition of child labour.
The ILO estimates that of 215 million working children, 115 million are engaged in hazardous work which puts them at risk of injury, illness or death (2011). Not all forms of work undertaken by children are considered child labour under ILO standards. Light work that does not interfere with education is permitted from the age of 12 years, as is work by children 15 years and above that is not classified as hazardous.
The Ethical Trading Initiative Base Code (which is derived from the International Labour Organisation's conventions) states:
CHILD LABOUR SHALL NOT BE USED
1.There shall be no new recruitment of child labour.
2. Companies shall develop or participate in and contribute to policies and programmes which provide for the transition of any child found to be performing child labour to enable her or him to attend and remain in quality education until no longer a child; "child" and "child labour" being defined in the appendices.
3. Children and young persons under 18 shall not be employed at night or in hazardous conditions.
4. These policies and procedures shall conform to the provisions of the relevant ILO standards.
In international standards child labour refers to any work by a child younger than 15 years (unless local law specifies a higher age for work or compulsory schooling, in which case the higher age applies). In accordance with International Labour Organisation (ILO) Conventions, a lower limit has been set at 14 years for certain countries under exceptional circumstances or 13 in case of specific activities if allowed by national laws. The minimum age for admission to any type of employment or work which may risk the health and safety of young people should in principle be at least 18 years.
What are the main issues?
Problems can arise from the employment of children in the workplace such as:
- Loss of educational opportunity
- Exploitation of children who work for low/no wages
- Exposure of children to physical and mental damage including hazardous materials and dangerous situations (including chemicals to which they are more vulnerable than adults, dangerous machinery, and heavy equipment)
- Companies should monitor whether children are employed in their business or supply chain
- Companies should request proof of age when recruiting
- Companies should adopt a written policy which prohibits child labour and include such conditions in procurement contracts
- Further to establishment of compliance with legal employment age, companies should monitor the hours and conditions of employment of children
- Companies should take all appropriate measures to promote the physical and psychological recovery of a child as a result of accident, illness or exploitation.
- Young workers refers to workers who are under the age of 18
- Young workers should not be employed at night
- Young workers should not be employed in hazardous conditions
- Companies should consider whether work that is appropriate for older workers is hazardous for young workers (eg because of the machinery that is used, or the skills or strength needed to carry out tasks)
Particular types of work have been identified as the worst forms of child labour in the UN's 'Worst Forms of Child Labour Convention, 1999'. These are:
- All forms of slavery - this includes the trafficking of children, debt bondage, serfdom, forced and compulsory labour, and the use of children in armed conflict
- The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic purposes
- The use, procuring or offering of a child for illicit activities, in particular the production and trafficking of illegal drugs
- Work which is likely to harm the health, safety or morals of the child as a consequence of its nature or the circumstances under which it is carried out
Forced or compulsory labour
The Ethical Trading Initiative Base Code (which is derived from the International Labour Organisation's conventions) states:
EMPLOYMENT IS FREELY CHOSEN
1. There is no forced, bonded or involuntary prison labour.
2. Workers are not required to lodge "deposits" or their identity papers with their employer and are free to leave their employer after reasonable notice.
Forced or compulsory labour includes any work or service that is exacted from any person under the threat of a financial penalty or physical or mental harm or where the person has not entered voluntarily into an employment contract. Examples include:
- slave labour
- indentured labour
- bonded labour
- involuntary labour
- involuntary prison labour.
With certain limitations on age, time and procedure, exceptions may apply (such as emergency work, communal work and military work as part of compulsory military service). Compulsory work should be remunerated.
What are the main issues?
Prison labour should be voluntary and prisoners should be paid. Two general conditions must be met to demonstrate the voluntary nature of the employment relationship:
- The formal consent of the prisoner
- Payment of wages and social security benefits that reflect conditions similar to those in the free market
If workers are required to pay a deposit (eg for equipment, a uniform or use of dormitories), or if their travel documents or identity papers are held, this can prevent workers from leaving their employment freely. This practice should be avoided.
If workers are required to do overtime and to remain on work premises by companies, this can amount to forced labour. This can also arise when workers are obliged to remain working as a result of threats, violence or the direct risk of losing their employment. This practice should be avoided.
Sometimes workers are transported away from their communities and forced to work on particular sites. In such circumstances it is often the case that they cannot leave the employment until a debt has been paid to the company or to an organisation connected to the company. In some jurisdictions, there are licensing systems in place for gang masters, to prevent trafficking and ensure reasonable conditions for workers. Trafficking of workers should not be allowed.
Freedom of association and collective bargaining
Adopted in 1998, the International Labour Organisation's 'Declaration on Fundamental Principles and Rights at Work' is an expression of commitment by governments and employers' and workers' organisations to uphold basic human values that are vital to our social and economic lives. The Declaration covers four areas, including freedom of association and the right to collective bargaining.
Workers should be free to join a trade union of their choice and to bargain collectively on wages, benefits and working conditions without fear of harassment or intimidation.
What are the main issues?
Companies should allow workers to participate in trade unions or similar bodies for the purpose of ensuring their voice is heard in relation to employment conditions. Linked to this, companies should take steps to ensure that trade unionists are not at risk of persecution or attack by other employees or government officials. Workers should also have the right to bargain collectively if they so choose.
In some countries, trade unions are illegal. In such cases, companies should establish alternative measures to allow employees to gather independently to discuss work related matters - eg through a 'workers council' or health and safety committee to which workers are elected.
Tackling issues in core operations
- Working conditions - employees working conditions should be of an appropriate standard
- Training - providing training courses for employees and managers to ensure they understand the issues
- Developing relevant policies and procedures - if they are implemented throughout the company this will help to ensure that human rights abuses do not occur
- Communication with employees - regular communication will help to ensure that employees are kept up-to-date with issues and policies.