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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 COVERS


1.
Child Labor
2.
Forced Labor
3.
Health & Safety
4.
Freedom of Association & Right
to Collective Bargaining
5.
Discrimination
6.
Disciplinary Practices
7.
Working Hours
8.
Remuneration
9.
Management Systems

Genesis of SA8000
World 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 8000
The intent of SA8000 is
To provide an auditable, voluntary standard, based
on the UN Declaration of Human Rights, ILO and
other international human rights and labour norms
and national labour laws,
To empower and protect all personnel within an
organisations control and influence who provide
products or services for that organisation,
including personnel employed by the organisation
itself and by its suppliers, sub-contractors, subsuppliers and home workers.
It is intended that an organisation shall comply
with this Standard through an appropriate and
effective Management System.

SCOPE OF SA 8000
It is universally applicable to
every
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
and
enforcement of SA 8000.
When implementing the Management
System element, it is a required priority
that joint involvement of worker and
management
be
established,
incorporated
and
maintained
throughout the compliance process
with all the Standards 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

WHY STANDARDISE
Suitable 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 company
practices
To avoid practices that violate human
rights and avoid turning a blind
eye to suppliers which violate
human rights

TRIPLE BENEFITS

ECONOMIC

ENVIRONMENTAL

SOCIAL

SUSTAINABILITY

THE STAKEHOLDERS
UNIONS

SHAREHOLDERS

NGOs

HUMAN RIGHTS
GROUPS

MULTI-NATIONALS

WORKERS

SUPPLY CHAIN

CERTIFYING BODIES
CONSUMERS
GOVERNMENTS
1

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.

SUMMARY

SA 8000 is an universal standard for


organisations seeking basic rights for
the workers
SA 8000 contains both performance
requirements as well as requirements
for a management system
SA 8000 is an auditable standard,
modelled after the established ISO
9001 and ISO 14001 standards

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 Requirements
The organisation shall not engage in or

support the use of child labour as


defined in this standard
The
organisation
shall
establish,
document, maintain and effectively
communicate to personnel and other
interested parties, written policies and
procedures for remediation of child
labourers, and shall provide adequate
financial and other support to enable
such children to attend and remain in
school until no longer a child.
SA 8000 1.1 & 1.2

SA 8000 Requirements
may employ young
workers, but where such young workers are
subject to compulsory education laws, they
shall work only outside of school hours.
Under no circumstances shall any young
workers school, work and transportation
time exceed a combined total of 10 hours
per day, and in no case shall young
workers work more than 8 hours a day.
Young workers may not work during night
hours.
The

organisation

SA 8000 1.3

SA 8000 Requirements
The organisation shall not expose

children or young workers to any


situations in or outside of the
workplace that are hazardous or
unsafe to their physical and
mental 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 protections
for the youth workers
The intent of this clause is to protect
children from exploitation in formalized
workplace settings
Provide remediation for any children
who are working for the Organisation
Organisation
ensures
special
protections are in place to ensure the
wellbeing of youth workers.

Interpretations

Employing a child under 15 is considered child


labour
SA8000 Standard references ILO Convention
138 among the normative elements, which
allows for developing country labour to
establish the minimum age of 14.
Have a clear policy against employing children
The organisation is committed to ensuring
child labour is not used, management has
defined a remediation plan in keeping with the
SA8000 requirements and for use in the event
such a case ever arises.

Implementation

Company policy and planning


Effectively communicating a companys child
labour remediation policies and procedures to
personnel and other interested parties
Provide adequate financial and other support
Under no circumstances shall any young
workers school, work, and transportation time
exceed a combined total of 10 hours per day
Night hours: do not permit children and young
workers 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 in
hazardous work, a proxy for the worst forms of child
labour (ILO -2012)
Child labour is illegal in the vast majority of
countries
Poverty is widely regarded as a major cause of child
labour,- Cultural beliefs, traditions, inequality in wealth
distribution, market demand (for children at rates
cheaper than adults), and lack of political will
ILO has adopted more than ten conventions addressing
problems 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 Requirements
The organisation shall not engage in

or support the use of forced or


compulsory labour, as defined in
Convention 29, shall not retain
original identification papers and
shall not require personnel to pay
deposits to the organisation
upon commencing employment.

SA 8000 2.1

SA 8000 Requirements
Neither the organisation nor any entity
supplying labour to the organisation

shall withhold any part of any


personnels
salary,
benefits,
property or documents in order to
force such personnel to continue
working for the organisation.
The organisation shall ensure that no
employment fees or costs are borne
in whole or in part by workers.
SA 8000 2.2 & 2.3

SA 8000 Requirements
Personnel shall have the right to leave

the
workplace
premises
after
completing the standard workday and
be free to terminate their employment
provided that they give reasonable
notice to their organisation.

Neither the organisation nor any entity


supplying labour to the organisation

shall engage in or support human


trafficking.

SA 8000 2.4 & 2.5

Definitions
Bonded labour: Situation in which a person is forced by
the employer or creditor to work to repay a financial
debt to the crediting entity.
Forced and compulsory labour: All work or service
which is exacted from any person under the menace
of any penalty and for which the said person has not
offered himself voluntarily.
Penalty can imply a form of monetary sanctions, or
physical forms of punishment such as loss of rights
and privileges or restrictions on movement or
employers holding of deposits or identity
papers (e.g. passports, etc.).
Human Trafficking: The recruitment, transfer,
harbouring or receipt of persons, by means of the use
of threat, force, other forms of coercion, or deception
for 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 by
private business entities , debt bondage or
indentured servitude.
Threats are also all prohibited under
SA8000:
monetary sanctions, physical
punishment, withholding of papers, loss of
rights or privileges and restrictions on
movements.

Interpretations
To prohibit the employer from taking
or threatening to take any negative
action on any of a workers wage,
benefit, property or documents to
compel the workers labour
The essence of what is being
protected here is the voluntariness
of 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 workers 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 subcontractors
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 debt
bondage, are less known, but are
far more common today. In 2012,
according to the ILO, more than 12
million people around the world
are trapped in conditions of forced
labour
Major causes of forced labour
include poverty and the lack of
education

Background Information
Reference 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

May: In this Standard the term may indicates

a requirement.
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 social
performance
and/or
activities
of
the
organisation.
Social
performance:
An
organisations
achievement of full and sustained compliance
with SA8000 while continually improving.

Tell the World that Child Labour


is NOT part of your business

and that you treat your workers fairly.

END
OF
MODULE 1

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