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LABOR
PRACTICE
The Apparel Industry Partnership has addressed issues
related to the eradication of sweatshops in the United States and
abroad. On the basis of this examination, the Partnership has formulated
the following set of standards defining decent and human working
conditions. The Partnership believes that consumers can have confidence
that products that are manufactured in compliance with these standards
are not produced under exploitative or inhumane conditions.
>Labor
Practice Key
>Legal Requirements
>Wages, Hours and Benefits
Standards
>Housing (if applicable)
>Equal Opportunity
>Education and Training
>Employment Discrimination
>Forced Labor
>Child Labor
Labor
Practice Key
The apparel industry has addressed issues related
to the eradication of sweatshops in manufacturers all over the world,
there are different legal and cultural environments in which factories
operate, corporate labor practice codes sets forth the basic requirements
factories should meet in order to do business, following are the
basic codes commonly found in various corporate in different countries.
Group
A - Hong Kong, Taiwan, Korea, Macau, China and Mongolia
Group B - Sri Lanka, Pakistan,
Bangladesh and India
Group C - Malaysia, Philippines,
Singapore, Thailand, Cambodia and Indonesia
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Legal
requirements
- Suppliers must observe all applicable laws of
their respective country, including laws relating to employment,
discrimination, environment and safety in the apparel and related
fields.
- Suppliers must comply with applicable laws relating
to the import of products, including country of origin labeling,
product labeling, fabric product testing. Local or industry practices
exceed local legal requirements; this higher standard should be
met.
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Wages,
Hours and Benefits standards
-Suppliers must pay wages and benefits and provide
compensation for overtime consistent with local laws.
-Suppliers must pay overtime and any incentive rates
that meet all legal requirements or the local industry standard
whichever is greater.
-Suppliers must adopt working hours that do not
exceed prevailing local law. -Suppliers must not use corporal punishment
or other mental or physical disciplinary actions or engage in sexual
harassment.
-Suppliers must not discriminate based upon race,
religion, national origin, -Hourly wage rates for overtime must
be higher than the rates for the regular work shift.
-Workers may refuse overtime without any threat
of penalty, punishment or dismissal. -Workers have at least one
day off in seven.
-Suppliers provide paid annual leave and holidays
as required by law or which meet the local industry standard, whichever
is greater.
-For each pay period, supplier provides workers
an understandable wage statement that includes days worked, wage
or piece rate earned per day, hours of overtime at each specified
rate, bonuses, allowances and legal or contractual deductions.
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Working
environment standards
-Factories shall comply with all applicable laws
and regulations regarding working conditions of their respective
country, including worker health and safety, sanitation, fire safety,
risk protection, electrical, mechanical and structural safety. -Factories
must treat all workers with respect and dignity and provide them
with a safe and healthy environment -Factories should inform their
workers about the workplace standards orally and through the posting
of standards in a prominent place (in local languages) and undertake
other efforts to educate about the standards on a regular basis.
-Factories shall not use corporal punishment or any other form of
physical or psychological coercion.
-Factories must be sufficiently lighted and ventilated,
aisles accessible, machinery maintained, and hazardous materials
sensibly stored and disposed.
-Factory is well ventilated. There are windows,
fans, air conditioners or heaters in all work areas for adequate
circulation, ventilation and temperature control.
-Factories providing housing for workers must keep
these facilities clean and safe.
-Factory has an environmental management system.
-Factory does not engage in or permit physical acts
to punish or coerce workers.
-Factory does not engage in or permit psychological
coercion or any other form of non
-physical abuse, including threats of violence,
sexual harassment, screaming or other verbal abuse.
-Sufficient and clearly marked emergency exit routes
are posted in all sections of the factory.
-Aisles, exits and stairways are kept clear at all
times when work in process, finished garments, bolts of fabric,
boxes and all other objects that could obstruct the orderly evacuation
of workers in case of fire or other emergencies.
-Doors and other exits are kept accessible and unlocked
during all working hours for orderly evacuation in case of fire
or other emergencies. All main exit doors open to the outside.
-Fire extinguishers are appropriate to the types
of possible fires in the various areas of the factory, are regularly
maintained and charged, display the date of their last inspection,
and are mounted on walls and columns throughout the factory so they
are visible and easily accessible to workers in all areas.
-Fire alarms are on each floor and emergency lights
are placed above exits and on stairwells.
-Evacuation drills should be conducted periodically.
-Machinery is equipped with operational safety devices
and is inspected and serviced on a regular basis.
-Appropriate personal protective equipment such
as masks, gloves, goggles, earplugs and rubber boots is made available
at no cost to all workers and instruction in its use is provided.
-Factory must provide potable water for all workers
and allows reasonable access to it throughout the working day. -Factory
places at least one well-stocked first aid kit on every factory
floor and trains specific staff in basic first aid. Factory has
procedures for dealing with serious injuries that require medical
treatment outside the factory.
-Factory maintains throughout working hours clean
and sanitary toilet areas and places no unreasonable restrictions
on their use.
-Factory stores hazardous and combustible materials
in secure and ventilated areas and disposes of them in a safe and
legal manner.
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Housing (if
applicable):
-Dormitory facilities must meet all applicable laws
and regulations related to health and safety, including lighting,
fire safety, sanitation, risk protection, electrical, mechanical
and structural safety.
-Living space per worker in the sleeping quarters
must meets minimum legal requirement and local industry standard.
Sufficient toilets and showers are segregated by sex and provided
in safe, sanitary, accessible and private areas
-Sleeping quarters are segregated by sex. Workers
are provided with their own individual mats and beds. Workers are
provided with their own storage space for their clothes and personal
possessions Dormitory facilities are well ventilated. There are
windows to the outside or fans and/or air conditioners and/or heaters
in all sleeping areas for adequate circulation, ventilation and
temperature control.
-There are at least two clearly marked exits on
each floor; emergency lighting is installed in halls, stairwells
and above each exit.
-Halls and exits are kept clear of obstructions
for safe and rapid evacuation in case of fire or other emergencies.
Directions for evacuation in case of fire or other emergencies are
posted in all sleeping quarters.
-Fire extinguishers are placed in all sleeping quarters
and must be easily accessible. Fire drill should be conducted periodically.
-Hazardous and combustible materials used in the
production process are not stored in the dormitory or in buildings
connected to sleeping quarters.
-Potable water or facilities to boil water are available
to dormitory residents.
-Dormitory residents are free to come and go during
their off-hours under reasonable limitations imposed for their safety
and comfort.
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Equal
opportunity
-Workers are free to join associations of their
own choosing. Factories must not interfere with workers who wish
to lawfully and peacefully associate, organize or bargain collectively.
The decision whether or not to do so should be made solely by the
workers.
-Factory should not threaten, penalize, restrict
or interfere with workers' lawful efforts to join associations of
their choosing.
-Develop a secure communications channel, in a manner
appropriate to the culture and situation, to enable employees to
report to the management on noncompliance with the workplace standards,
with security that they shall not be punished or prejudiced for
doing so.
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Educations
and Training
-Factory encourages and allows eligible workers,
especially younger workers, to attend night classes and participate
in work-study programs and other government-sponsored educational
programs.
-Factories are encouraged to develop lawful workplace
apprenticeship programs for the educational benefit of their workers.
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Employment
discrimination
-Factories shall employ workers on the basis of
their ability to do the job, not on the basis of their personal
characteristics or beliefs.
-Factory employs workers without regard to race,
color, gender, nationality, religion, age, maternity, marital status,
political affiliation and who encourage free association and freedom
of expression.
-Factory pays workers wages and provides benefits
without regard to race, color, gender, nationality, religion, age,
maternity, marital status, political affiliation and who encourage
free association and freedom of expression.
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Forced
labor
-Factory does not use involuntary labor of any kind,
including prison labor, debt bondage or forced labor by governments.
-If the factory recruits foreign contract workers,
the factory pays agency recruitment commissions and does not require
any worker to remain in employment for any period of time against
his or her will.
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Child
labor
-Factories shall employ only workers who meet the
applicable minimum legal age requirement or are at least 14 years
of age.
-Factories must also comply with all other applicable
child labor laws.
-Factory complies with all applicable child labor
laws, including those related to hiring, wages, and hours worked,
overtime and working conditions.
-Factory maintains official documentation for every
worker that verifies the worker's date of birth. In those countries
where official documents are not available to confirm exact date
of birth, the factory confirms age using an appropriate and reliable
assessment method.
Factories that determine to adopt the Labor Practice
codes shall apply the higher standard in cases of differences. Any
manufacturers that determine to adopt the Labor Practice codes shall
also require its contractors and suppliers to comply with applicable
local laws and with these codes.
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