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Sedex Members Ethical Trade Audit (SMETA) Best Practice Guidance

Sedex Members Ethical Trade Audit (SMETA) Best Practice Guidance

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. That the work is under the control of the legal authority.<br />

c. Pay and hours meet the law.<br />

Note: Any such scheme, where prison labour is voluntary, the workers are paid minimum wage plus overtime,<br />

and that access to paid work is not discriminatory should be recorded as an observation and the exact<br />

situation should be documented on the audit report. If the full conditions of any prison labour present cannot be<br />

established, a non-compliance should be raised.<br />

Worker Interviews - to corroborate workplace practices<br />

<strong>Audit</strong>or seeks to confirm documents and management interview by worker testimony. Discrepancies<br />

should be noted, taking care to protect the anonymity of workers.<br />

1.5. Are workers working voluntarily and can they leave their employment after reasonable notice. Do they<br />

know the procedure for giving notice?<br />

1.6. Have any workers made deposits and if so what for and when will they be repaid.<br />

1.7. Do workers’ pay deposits for essential work items such as PPE?<br />

1.8. Whether they have possession of their original documents, e.g. passports / ID’s and if not why not.<br />

1.9. Where workers must surrender their original ID’s for legal reasons, do they know how to retrieve them.<br />

1.10. Do workers feel free to leave site during breaks and rest time and at the end of shift.<br />

1.11. Can they refuse to do overtime and if so how.<br />

1.12. Are any searches performed on workers handled with respect and without restricting movement e.g.<br />

leaving at the end of shift?<br />

1.13. Are dormitories secure, and do workers feel that they can leave them when they wish.<br />

1.14. If there are hours restrictions e.g. curfews, do workers feel these are reasonable.<br />

1.15. If any workers have loans have they agreed in writing to the amount and the terms and do they<br />

understand and believe them to be reasonable.<br />

1.16. Whether workers have ever noticed other workers who were forced to work at this site.<br />

2. Freedom of Association<br />

CODE REQUIREMENTS<br />

<strong>SMETA</strong> <strong>Best</strong> <strong>Practice</strong> <strong>Guidance</strong> (4-Pillar Version 4.0, May 2012)<br />

2.1 Workers, without distinction, have the right to join or form trade unions of their own choosing and to bargain<br />

collectively. 2.2 The employer adopts an open attitude towards the activities of trade unions and their<br />

organisational activities. 2.3 Workers’ representatives are not discriminated against and have access to carry<br />

out their representative functions in the workplace. 2.4 Where the right to freedom of association and collective<br />

bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel<br />

means for independent and free association and bargaining.<br />

48<br />

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