Basic Awareness Training On

Social Accountability Standard

SA 8000:2008 Morning Star Management Services

No: 98, SIVAM, Rose Gardens,

Shornur Road, Thrissur 680 022

PH:0487- 2320365, Mobile: 9847041681Website:www.veera1.com, e-mail:morning@bsnl.in

CONTENTS

Social Accountability Standard SA 8000Sl NoTitlePage No

1. Introduction3

2. Terms and Definitions7

3. Relevant extracts from the UN/ILO conventions9

4. Legal Register27

5. List of Mandatory Documents39

6. List of Mandatory Records40

7. Frequently Asked Questions41

8. SA 8000 In a Nutshell- Revision 1 dated

6-6-201345

9. SA 8000:2014 Key changes52

ANNEXURE :1. SA 8000 Other Records as per Legal Requirements

CHAPTER-1

INTRODUCTION

1.0 Introduction

SA8000 is a global social accountability standard for decent working conditions, developed and overseen by Social Accountability International (SAI). Detailed guidance for implementing or auditing to SA8000 is available from its website. SAI offers training in SA8000 and other workplace standards to managers, workers and auditors. It also operates an accreditation agency that licenses and oversees auditing organizations to ward certification to employers that comply with SA8000.

1.1 BasisSA8000 is based on the UN Universal Declaration of Human Rights, Convention on the Rights of the Child and various International Labour Organization (ILO) conventions. SA8000 covers the following areas of accountability:

Child labour

Forced labour

Workplace safety and health

The right to organize

Discrimination

Workplace discipline

Working hours

Wages

Management system for Human Resources

Corporate social responsibility

Respect for human rights

Fair treatment for the workforce

Protecting the environment

Ethical behaviour of the organization

Being a good neighbourDetails of the Standard

The first global standard for ethical sourcing

Designed for independent verification

A global standard, designed for use by any company, anywhere in the world

Has been developed with stakeholders

Is designed to take local laws and requirements into account1.2 CertificationsMore than 640,000 workers are employed in 1200 facilities certified to SA8000, in 60 countries and 70 industrial sectors. The industrial sectors with the most certifications include apparel and textiles; building materials; agriculture; construction; chemicals; cosmetics; cleaning services and transportation. The countries with the most certification to SA8000 include Brazil, India, China and Italy.

The cost of acquiring a certification for a factory, farm or office varies with the number of employees and the location. It can range up to 10-12,000 USD for large facilities.

1.3 SignificanceDominic A. Tarantino, Chairman of Price Waterhouse World Firm described SA8000 in 1998 as "the first ever universal standard for ethical sourcing... It provides a common framework for ethical sourcing for companies of any size and any type, anywhere in the world. SA8000 sets out provisions for issues such as trade union rights, the use of child labor, working hours, health and safety at work, and fair pay." However, it does not address broader issues of ecology or bribery or other issues which may require more consumer or executive restraint. Tarantino further argued the need for moral leadership:

"Pricing, products and services are no longer the sole arbiters of commercial success... it is business that must take the lead in taming the global frontier. Business must take the lead in establishing rule of law in emerging markets. Business must take the lead in stopping bribery. Business must take the lead in bringing order to cyberspace. Business must take the lead in ensuring that technology does not split the world into haves and have nots."

1.4 Benefits Fewer accidents

Enhanced opportunities to be organized

A way to address and improve the conditions where people work

Increased worker awareness about core labor rights

Enhanced communication to the management

Evidence that labor rights are good for society and business

Improved business practices lead to economic growth and new job opportunities A credible and effective way to put social responsibility into action

Enhanced company and brand reputation

Improved employee recruitment, retention and performance

Gains in quality and productivity

Savings from fewer workdays lost and lower insurance bills

Less expensive than an internal compliance program

Better relationships among workers, trade unions, companies, customers, NGOs and government

Clear, credible information for those who want to make ethical purchasing decisions

Useful data for socially responsible investors

Identification of products made under humane conditions

Identification of companies making progress toward humane conditions

Broad coverage of product categories and production geography

Why to implement SA 8000? To differentiate and offer value to customers.

Driven by commitment to provide safe workplaces.

Set a global standard that complies with all local laws and customs.

1.5 Social Accountability International (SAI) Established in May 1997

Undertakes impartial assessment of SA certification bodies to assure competence

Monitors ongoing compliance of certification bodies and their documented procedures

Maintains list of accredited certification bodies available to the public

Reviews and resolves complaints against auditors and/or certification bodies

1.6 1

SA 8000 Mission Improve working conditions globally

Provide universal standards in all business and country sectors

Work in parallel with human rights and labour organizations worldwide

Provide an incentive which benefits the business and consumer community through a win-win approach

1.7 History of SA 8000SA 8000 is developed by Social Accountability International (SAI) and 25 other organisations, such as: Amnesty International Human Rights Watch

Avon Products Toys R Us The Body Shop Reebok Others

CHAPTER-2 TERMS AND DEFINITIONS1. Child Any person less than 15 years of age. 2. Child Labour Any work done by a child for any operation of ORGANISATION.3. Collective Bargaining Agreement Any contract, relating to the terms and conditions of employment, entered between ORGANISATION and its one or more worker organization. 4. Corrective and Preventive Action An immediate and continuing remedial action on a non-conformance to the requirement to SA 8000 standard and/or this manual. 5. Forced Labour Any work or service that a person has not voluntarily offered; and is forced on him/her under the threat of punishment or retaliation, or as a repayment of some debt. 6. Home Worker A person who is employed by ORGANISATION or any of its supplier, sub-supplier, or subcontractor, but who does not work on their premises. Interested Party Any individual or group concerned with or affected by the social performance of ORGANISATION. 7. Personnel All individuals directly employed or contracted by ORGANISATION, including its directors, executives, managers, supervisors, and workers.8. Remediation Of Children All the support and actions required ensuring the safety, health, education, and development of a child found at any work of ORGANISATION. 9. Organisation The company including all its employed personnel, which is implementing the social accountability management system 10. Sub-supplierAny organisation that directly or indirectly supplies goods and/or Services to a supplier for the use by ORGANISATION and/or the supplier.

11. Supplier/Subcontractor Any organisation that provides goods and/or services to ORGANISATION for the use in any of its operations. 12. Worker Any of the non-management personnel of ORGANISATION. 13. Worker Organization Any recognised union/association of the workers of organisation.

14. Young Worker Any worker over the age of a child and under the age of 18.CHAPTER-3RELEVANT EXTRACTS FROM THE UN/ILO CONVENTIONS

UN Convention on the Elimination of all Forms of Discrimination against Women

a. The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;

b. The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

c. The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction. To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

d. To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

e. To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

f. To provide special protection to women during pregnancy in types of work proved to be harmful to them.

UN Article 32 Convention on the Rights of the Child1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.

2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 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.

2. Everyone, without any discrimination, has the right to equal pay for equal work.

3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

C182 Worst Forms of Child Labour Convention, 1999 Article 2

For the purposes of this Convention, the term child shall apply to all persons under the age of 18.

Article 3

For the purposes of this Convention, the term the worst forms of child labour comprises:

(a) all 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, including forced or compulsory recruitment of children for use in armed conflict;

(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

(c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

C177 Home Work Convention, 1996Article 1

For the purposes of this Convention:

(a) the term home work means work carried out by a person, to be referred to as a homeworker,

(i) in his or her home or in other premises of his or her choice, other than the workplace of the employer;

(ii) for remuneration;

(iii) which results in a product or service as specified by the employer, irrespective of who provides the equipment, materials or other inputs used,

unless this person has the degree of autonomy and of economic independence necessary to be considered an independent worker under national laws, regulations or court decisions;

(b) persons with employee status do not become homeworkers within the meaning of this Convention simply by occasionally performing their work as employees at home, rather than at their usual workplaces;

(c) the term employer means a person, natural or legal, who, either directly or through an intermediary, whether or not intermediaries are provided for in national legislation, gives out home work in pursuance of his or her business activity.Article 2

This Convention applies to all persons carrying out home work within the meaning of Article 1.

Article 3

Each Member which has ratified this Convention shall adopt, implement and periodically review a national policy on home work aimed at improving the situation of homeworkers, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations concerned with homeworkers and those of employers of homeworkers.

Article 4

1. The national policy on home work shall promote, as far as possible, equality of treatment between homeworkers and other wage earners, taking into account the special characteristics of home work and, where appropriate, conditions applicable to the same or a similar type of work carried out in an enterprise.

2. Equality of treatment shall be promoted, in particular, in relation to:

(a) the homeworkers' right to establish or join organizations of their own choosing and to participate in the activities of such organizations;

(b) protection against discrimination in employment and occupation;

(c) protection in the field of occupational safety and health;

(d) remuneration;

(e) statutory social security protection;

(f) access to training;

(g) minimum age for admission to employment or work; and

(h) maternity protection

C159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 Article 1

1. For the purposes of this Convention, the term disabled person means an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of a duly recognised physical or mental impairment.

2. For the purposes of this Convention, each Member shall consider the purpose of vocational rehabilitation as being to enable a disabled person to secure, retain and advance in suitable employment and thereby to further such person's integration or reintegration into society.

3. The provisions of this Convention shall be applied by each Member through measures which are appropriate to national conditions and consistent with national practice.

4. The provisions of this Convention shall apply to all categories of disabled persons.

C155 Occupational Safety and Health Convention, 1981 Article 3

For the purpose of this Convention--

(a) the term branches of economic activity covers all branches in which workers are employed, including the public service;

(b) the term workers covers all employed persons, including public employees;

(c) the term workplace covers all places where workers need to be or to go by reason of their work and which are under the direct or indirect control of the employer;

(d) the term regulations covers all provisions given force of law by the competent authority or authorities;

(e) the term health , in relation to work, indicates not merely the absence of disease or infirmity; it also includes the physical and mental elements affecting health which are directly related to safety and hygiene at work.PART II. PRINCIPLES OF NATIONAL POLICY

Article 4

1. Each Member shall, in the light of national conditions and practice, and in consultation with the most representative organisations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment.

2. The aim of the policy shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.

Article 5

The policy referred to in Article 4 of this Convention shall take account of the following main spheres of action in so far as they affect occupational safety and health and the working environment:

(a) design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (workplaces, working environment, tools, machinery and equipment, chemical, physical and biological substances and agents, work processes);

(b) relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organisation of work and work processes to the physical and mental capacities of the workers;

(c) training, including necessary further training, qualifications and motivations of persons involved, in one capacity or another, in the achievement of adequate levels of safety and health;

(d) communication and co-operation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level;

(e) the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of this Convention.

Article 6

The formulation of the policy referred to in Article 4 of this Convention shall indicate the respective functions and responsibilities in respect of occupational safety and health and the working environment of public authorities, employers, workers and others, taking account both of the complementary character of such responsibilities and of national conditions and practice.

Article 7

The situation regarding occupational safety and health and the working environment shall be reviewed at appropriate intervals, either over-all or in respect of particular areas, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results.

PART III. ACTION AT THE NATIONAL LEVEL

Article 8

Each Member shall, by laws or regulations or any other method consistent with national conditions and practice and in consultation with the representative organisations of employers and workers concerned, take such steps as may be necessary to give effect to Article 4 of this Convention.

Article 9

1. The enforcement of laws and regulations concerning occupational safety and health and the working environment shall be secured by an adequate and appropriate system of inspection.

2. The enforcement system shall provide for adequate penalties for violations of the laws and regulations.

Article 10

Measures shall be taken to provide guidance to employers and workers so as to help them to comply with legal obligations.

Article 11

To give effect to the policy referred to in Article 4 of this Convention, the competent authority or authorities shall ensure that the following functions are progressively carried out:

(a) the determination, where the nature and degree of hazards so require, of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, the safety of technical equipment used at work, as well as the application of procedures defined by the competent authorities;

(b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorisation or control by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents shall be taken into consideration;

(c) the establishment and application of procedures for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases;

(d) the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious;

(e) the publication, annually, of information on measures taken in pursuance of the policy referred to in Article 4 of this Convention and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work;

(f) the introduction or extension of systems, taking into account national conditions and possibilities, to examine chemical, physical and biological agents in respect of the risk to the health of workers.

Article 12

Measures shall be taken, in accordance with national law and practice, with a view to ensuring that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use--

(a) satisfy themselves that, so far as is reasonably practicable, the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly;

(b) make available information concerning the correct installation and use of machinery and equipment and the correct use of substances, and information on hazards of machinery and equipment and dangerous properties of chemical substances and physical and biological agents or products, as well as instructions on how known hazards are to be avoided;

(c) undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article.Article 13

A worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences in accordance with national conditions and practice.

Article 14

Measures shall be taken with a view to promoting in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

Article 15

1. With a view to ensuring the coherence of the policy referred to in Article 4 of this Convention and of measures for its application, each Member shall, after consultation at the earliest possible stage with the most representative organisations of employers and workers, and with other bodies as appropriate, make arrangements appropriate to national conditions and practice to ensure the necessary co-ordination between various authorities and bodies called upon to give effect to Parts II and III of this Convention.

2. Whenever circumstances so require and national conditions and practice permit, these arrangements shall include the establishment of a central body.PART IV. ACTION AT THE LEVEL OF THE UNDERTAKING

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 17

Whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of this Convention.

Article 18

Employers shall be required to provide, where necessary, for measures to deal with emergencies and accidents, including adequate first-aid arrangements.

Article 19

There shall be arrangements at the level of the undertaking under which--

(a) workers, in the course of performing their work, co-operate in the fulfilment by their employer of the obligations placed upon him;

(b) representatives of workers in the undertaking co-operate with the employer in the field of occupational safety and health;

(c) representatives of workers in an undertaking are given adequate information on measures taken by the employer to secure occupational safety and health and may consult their representative organisations about such information provided they do not disclose commercial secrets;

(d) workers and their representatives in the undertaking are given appropriate training in occupational safety and health;

(e) workers or their representatives and, as the case may be, their representative organisations in an undertaking, in accordance with national law and practice, are enabled to enquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work; for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking;

(f) a worker reports forthwith to his immediate supervisor any situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health; until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 20

Co-operation between management and workers and/or their representatives within the undertaking shall be an essential element of organisational and other measures taken in pursuance of Articles 16 to 19 of this Convention.

Article 21

Occupational safety and health measures shall not involve any expenditure for the workers.

C138 Minimum Age Convention, 1973 Article 1

Each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.

Article 2

1. Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation.

2. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified.

3. The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.

4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose economy and educational facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, where such exist, initially specify a minimum age of 14 years.

5. Each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement--

(a) that its reason for doing so subsists; or

(b) that it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3

1. 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.

2. The types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or regulations or by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist.

3. Notwithstanding the provisions of paragraph 1 of this Article, national laws or regulations or the competent authority may, after consultation with the organisations of employers and workers concerned, where such exist, authorise employment or work as 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.

C135 Workers' Representatives Convention, 1971 Article 1

Workers' representatives in the undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.

Article 2

1. Such facilities in the undertaking shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently.

2. In this connection account shall be taken of the characteristics of the industrial relations system of the country and the needs, size and capabilities of the undertaking concerned.

3. The granting of such facilities shall not impair the efficient operation of the undertaking concerned.Article 3

For the purpose of this Convention the term workers' representatives means persons who are recognised as such under national law or practice, whether they are--

(a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or

(b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.

Article 4

National laws or regulations, collective agreements, arbitration awards or court decisions may determine the type or types of workers' representatives which shall be entitled to the protection and facilities provided for in this Convention.

Article 5

Where there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to encourage co-operation on all relevant matters between the elected representatives and the trade unions concerned and their representatives.

C111 Discrimination (Employment and Occupation) Convention, 1958Article 1

1. For the purpose of this Convention the term discrimination includes--

(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;

(b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies.

2. Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination.

3. For the purpose of this Convention the terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Article 2

Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

C100 Equal Remuneration Convention, 1951Article 1

For the purpose of this Convention--

(a) the term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment;

(b) the term equal remuneration for men and women workers for work of equal value refers to rates of remuneration established without discrimination based on sex.

Article 2

1. Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

2. This principle may be applied by means of--

(a) national laws or regulations;

(b) legally established or recognised machinery for wage determination;

(c) collective agreements between employers and workers; or

(d) a combination of these various means.

Article 3

1. Where such action will assist in giving effect to the provisions of this Convention measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed.

2. The methods to be followed in this appraisal may be decided upon by the authorities responsible for the determination of rates of remuneration, or, where such rates are determined by collective agreements, by the parties there to.

3. Differential rates between workers which correspond, without regard to sex, to differences, as determined by such objective appraisal, in the work to be performed shall not be considered as being contrary to the principle of equal remuneration for men and women workers for work of equal value.

C98 Right to Organise and Collective Bargaining Convention, 1949 Article 1

1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.

2. Such protection shall apply more particularly in respect of acts calculated to--

(a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership;

(b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.

Article 2

1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration.

2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article.

Article 3

Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Articles.

C87 Freedom of Association and Protection of the Right to Organise Convention, 1948

Article 1

Each Member of the International Labour Organisation for which this Convention is in force undertakes to give effect to the following provisions.

Article 2

Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.

Article 3

1. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.

2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.

Article 4

Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.

Article 5

Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers.

Article 6

The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers' organisations.

Article 7

The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof.

Article 8

1. In exercising the rights provided for in this Convention workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land.

2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention.

C105 Abolition of Forced Labour Convention, 1957

Article 1

Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour--

(a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;

(b) as a method of mobilising and using labour for purposes of economic development;

(c) as a means of labour discipline;

(d) as a punishment for having participated in strikes;

(e) as a means of racial, social, national or religious discrimination. CHAPTER-4

LEGAL REQUIREMENTSSA 8000 Clause NumberRequirementsAct Description

1Child LabourThe Factories Act 1948The Main restrictive provision of the Act about the employment of children are as follows a. The employment of a child below the age of 14 years is totally prohibited, b. A child who has completed the age of 14 years but has not completed the age of 15 year can be employee for a maximum period of 4 1/2 hours

Notice of periods of work for Adult workers

Register of Trained Adult workers has to be maintained

The Child Labour (Prohibition and Regulation Act) 19861.No child will be allowed to work between 7 PM and 8 AM and shall not be allowed to work Overtime

No child shall work for more than 3 hours before he has an interval of one hour.

A Child cannot work in more than one establishment on any day. In case of child working, a weekly holiday is allowed.

Employer should notify the Factory inspectorate in case he engages child labour.

In case of Child labour, the occupier shall maintain a register available for inspection about working hours or when the work is being carried out.

2Forced LabourThe Bonded Labour System (Abolition) Act 1976No person shall a. Make any advance under bonded labour system, b. Compel any person to render any bonded labour or any other form of forced labour.

The Factories Act 1948No Adult worker shall be allowed to work in a factory more than 48hrs in a week.Section 54-Subject to the provision of section 51,no adult worker shall be required or allowed to work in a factory for more than 9hrs in any day:[Provided that,subject to the previous approval in this section

The Bonded Labour System (Abolition) Act 1976No person shall compel any employee to render any bonded labour or other form of forced labour and every obligation of a bonded labour to repay any bonded debt or any bonded debt which may have remained unsatisfied is deemed to have been extinguished.

The Bonded Labour System (Abolition) Act 1976All property vested in a bonded labourer which was or is under any mortgage, charge, lien or other encumbarances in connection with any bonded debt is to stand freed and discharged from such mortgage and is to be restored to the possession of such bonded labour.

3Health And Safety The Factories Act 1948To keep its premises in a clean state

To dispose wastes and effluents

To maintain adequate ventilation and reasonable temperature

To prevent accumulation of dust and fume

to avoid overcrowding

To provide sufficient lighting, drinking water, latrines and urinals and spittoons.

Provide facilities for washing

Facilities for sitting of workers while they are on work

Facilities for storing clothing not worn during working hours and the drying of wet clothing (in case of bigger factories)

Canteen facilities for factories beyond 250 pax

Creches in case of more than 30 women employees

Provision for Welfare Officer, Safety Officer and Canteen Officer

Every factory must take action to

Fence certain machinery

To protect workers repairing machinery in motion

To maintain hoists and lifts in good conditions

To protect workers from dangerous dust, gas fumes and vapours

To protect workers from fire

Report of Examination of Pressure Vessels

Reporting of Accidents should be carried out

Register of Accidents and Dangerous occurrence and monthly report.

Form of Nomination

Reister of Report of examination of Hoist and Lift Inspection Book

Particulars of Rest rooms in factory to be maintained

Abstract of the Factory Act and the Karnataka Factory Rules 1969

The Interstate Migrant Workmen (Regulation of employment act, 1979A contractor is required to provide a migrant worker with

Drinking water, Latrines, urinals, washing facilities, restrooms, canteens and creches

Suitable residential accommodation

Free Medical assistance

Protective clothing

The ESI Act 1948Register of Accident Book

Report of Accident

Attendance register and wage register (as under the Factory Act and Payment of wages act)

Register of Employees, same as Muster Roll giving along with the other particulars viz. The Insurance Number

The Maternity Benefit Act, 1961Section 5: Women indulging temporary or unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for atleast 80 days in the 12 months immediately preceding the date of her expecting delivery.

No employer shall knowingly employ a woman in an establishment during the six weeks immediately following the day of her delivery or her miscarraige.

No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

Any woman employed in an establishment and entitled to meternity benefit under the provisons of this act may give notice in writing in such form as may be prescribed, to her employer, stating that the maternity benefit and any other amount to which she may be entitled under this act may be paid to her or such person as she may nominate in the notice and that she will not work in ay any establishment during the period for which she receives maternity benefit.

In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.

Sub Section IV: The period of one month immediately preceding the period of six weeks, before the date of her expected delivery.

Any period during the said period of six weeks for which the pregnant woman does not avail of leave under Section 7

Subject to the provision of this act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, tbjs is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and the period immediately following that day.

The Employers Liablity Act, 1938

The employers liability act is closely related to Chapters IV, V, VA of the ESI Act 1948 and to section 3 of the Workmen Compensation Act 1923

4Freedom of AssociationThe Industrial Dispute Act 1947Section 2 (kkk) "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery 39[or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched;

2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.

The Trade Union Act 1926Section 4: Registration of Trade Union: Any 7 or more members of a trade union may, by subscribing their names to the rules of the Trade union and its compliance.

Section 9A: Not less than 10% or 100 of the workmen, whichever is less, subject to a minimum of 7, engaged or employed in an establishment.

5DiscriminationThe Equal Remuneration Act 1976Payment of Remuneration should be equal to men and women workers and the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connnected therewith of incidental thereto.

Section 5: No discrimination on promotion, training or transfer except where employment of women is restricted.

6Disciplinary PracticesThe Industrial Employment (Standing Orders) Act 1946Suspension or Dismissal for misconduct, and acts or ommisions which constitute misconduct.

means of redress for workment aginst unfair treatment or wrongful exactions by the employer or his agents or servants

The Industrial Relation Act 1946Enumerates certain acts on the part of an employer, which are treated as acts of victimization. The section also makes the commission of these acts punishable with fine which may extend to Rs 5000

The Maternity Benefit Act, 1961When a woman absents herself from work in accordance with the provison of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvangtate any of the conditions of her service.

7Working HoursThe Karnataka Industrial Establishment Act (National and Festival Act)Every Establishment has to submit for the Labour department

The Factories Act 1948Register of Compensatory Holidays

Muster Rolls should be maintained

Overtime Muster Rolls should be maintained

Leave book

Timings to be displayed at the entrance of the factory.

Register of Leave with wages should be maintained.

The Maternity Benefit Act, 1961No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub section (iv) work which is an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health.

The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.

In case of miscarraige, a woman shall on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.

Every woman delivered a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

8RemunerationThe Industrial Dispute Act 1947Wages includingthe period and mode of payment

Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force.

Compensatory and othe rallowances

Hours of work an rest intervals

Leave with wages and holidays

Starting, alternating or discontinuance of shift working otherwise then in accordance with standing orders

Classification by grades

Withdrawal of any customary concession or privilege or change in usage

Introduction of new rules of discipline, or alteration of existing rules except insofar as they are provided in stading orders

Rationalization, Standardization or plant or tenchinque which is liketly to lead to retrenchment of workmen

The Factories act 1948A notice containing abstracts of the act and of the rules made thereunder, in English and in a language understood by the majority of the workers, must be displayed in every factory at the some conspiciuous or convienient place at or near its main entrance. A notice containing the name and address of the inspector and the Certifying surgeon must also be displayed in every factory in the same manner

The Minimum Wages Act, 1948Section 3: fix the minimum rates of wages payable to employees employed in an employment

Section 12: the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorised within such time and subject to such conditions as may be prescribed.

Fixing Hours for a Normal working day Section 13: (a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals; (b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest

Section 14: the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate government for the time being in force, whichever is higher.

The following have to be displayed.

Register of Fines to be maintained

Register of Deduction for damage or loss of property.

Register of Advances made to employ persons

The Payment of Bonus Act 1965Section 1: Every factory wherein 10 or more persons are employed with the aid of power or An establishment in which 20 or more persons are employed without the aid of power on any day during an account year.

Section 2(21): Salary or wages includes Dearness allowance but no other allowances e.g Overtime, house rent, incentive or commission.

Section 8: An employee will be entitled only when he has worked for 30 working days in that year.

Section 9 & 18: Disqualification and Deduction of Bonus: On dismissal of an employee for fraud, riotous or violent behaviour while on the premises of the establishment or theft, misappropriation or sabotge of any property of the establishment or Misconduct of causing financial loss to the employer to the extent that the bonus can be deducted for that year.

Section 10: 8.33% of the salary or Rs 100 (on completion of 5 years after Ist Accounting year even if there is no profit)

Section 12: Employees drawing wages upto Rs 3500 per month or less. For calculation purposes Rs 2500 per month maximum will be taken even if an employee is drawing upto Rs 3500 per month.

Section 19: Time Limit for payment of Bonus: Within 8 months from the close of accounting year.

Eligiblity for Bonus: Payment of Bonus Act indicates that the following categories of persons will be entitled to bonus a. Skilled b. Managerial Staff, c. Supervisory Staff, d. Administrative Staff, e. Technical Staff, f. Clerical Staff.

The Payment of Gratuity Act 1972Every establishment has to submit notice of opening

Nomination has to be obtained in respect of employees who are putting more than 1 year

Section 1: Every factory shop, establishment or educational institution employing 10 or more personnel.

Section 2 (s): Wages for Calculation: At the rate of 15 days for every year calculated as if the month comprises of 26 days at the last drawn wages.

Section 2(e): Entitlment: On completion of five years service except in case of death or disablement.

On rendering of 5 years service either termination, resignation or retirement.

Calculation Piece Rated employee: At the rate of 15 days wages for every completed year on an average of 3 months wages.

Rule 4: Display of Notice: On conspicious place at the main entrance in English language or the language understood by majority.

Section 6 Rule 6: Nomination: To be obtained by employer after expiry of one years' service in Form F.

Section 4 (3) : Total Ceiling not exceeding Rs 350,000

Rule 9: Mode of Payment: Cash or, if so desired, by Bank Draft or Cheque.

Section 4(6): Forfeiture of Gratuity: On termination of an employee for moral turpiturde and riotous or disorderly behaviour. Wholly or partially for wilfully causing loss, destruction of property etc.

The Factories Act 1948It is the duty of every principal employer or contractor to maintain records giving partiulars of contract labour employed, the nature of work performed by the contract labour,the rates of wages paid to the contract labour, the rates of wages paid to the contract contract labour etc. as per the rules framed under the act. It is also their duty to exhibit in the premises of the establishment notices containiing particulars about the hours of work, nature of duty, etc as per the rules framed under the act.

The ESI Act 1948Contribution card to be maintained

Return of Contribution Cards, ESI Declaration particulars Register and declaration forms.

Register of Employees

Return of Declaration Forms

The Employee Provident Act 1952Register of Nomination and Declaration Form

Return of Employee qualifying for membership

Return of Contribution Cards to the Commisisoner

Consolidated Annual Contribution statements

Return of Employee who are required or entitled to become member of the fund

Return of member leaving service during month of .

Particulars of monthly contributions of employer - employee including contribution towards Family pension.

Contribution Card to be maintained for the period April to March

The Industrial Employment (Standing Orders) Act 1946An act to require employers in industrial establishments formally to define conditions of employment under them. Whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them.

The Maternity Benefit Act, 1961The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within 48 hours of production of such proof as may be prescribed that the woman has been delivered of a child.

If a woman entitled to maternity benefit or any other amount under this act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under second provision to Sub Section 3 of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of Rs 250, if no pre natal confinement and post-natal care is provided for by the employee free of charge.

No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of - a. The nature of work assigned to her by virtue of the provisions contained in sub section 3 of section 4 or b. breaks for nursing the child allowed to her under the provisions of section 11 of the Maternity Benefit Act

Exhibiton of Abstracts of the Act: An abstract of the provisions of the Act and the rules made thereunder in the language of the locality shall be established in a conspicious place by the employer in every part of the establishment in which women are employed.

The Equal Remuneration Act 1976Section 4: No employer shall pay to any other worker, employed by him in an establishment or employment, remuneration, cash or kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work of a similar nature.

No employer shall reduce the rate of remueration for the purpose of compliance to this act.

CHAPTER-5LIST OF MANDATORY DOCUMENTSSl noDocuments

1. SA8000 Manual

2. Standing Orders

3. Health And Safety Manual

4. Risk Assessment Manual

5. Operation Control Procedure

6. Emergency Preparedness Plan

7. Basic need wages calculation

CHAPTER-6LIST OF MANDATORY RECORDS SI no Records

1. Employee Master

2. Master List of Documents

3. Minutes of Meeting

4. Training Attendance Record

5. Training Feedback

6. Suggestion Form

7. Grievance Register

8. Approved Vender/Sub-Contractor List

9. Vendor/Sub-Contractor Registration Form

10. Annual Audit Plan

11. List of Qualified Auditors

12. Vendor Performance Evaluation Report

13. Objectives & Targets

14. Objective Achievement Report Periodic

15. Non-Conformance Report

16. External Communication Form

17. Accident/Incident Report

18. Mock Drill Register

19. Supplier Questionnaire

20. Wage Calculation Sheet

21. Wage Slip

22. Attendance Sheet

23. MRM Minutes

24. Over Time Records

25. Leave Application Form

26. Application For Employment

27. Health and Safety Training Records

Note: All formats and registers as per legal requirements

(Refer Annexure 1)

CHAPTER-7FREQUENTLY ASKED QUESTIONS 1. What is the SA8000 Standard and who uses it?The SA8000 standard and verification system is a credible, comprehensive and efficient tool for assuring humane workplaces.2. What is the SA8000 Guidance Document and who uses it?The Guidance Document is an important piece of work. It goes through the nine elements of the standard and interprets them according to the original intent of the international, multi-stakeholder group that drafted SA8000. This same group the SAI Advisory Board reviews and approves of Guidance Document text and revisions.The Guidance Document acts as a field guide to help auditors pay close attention to some of the important issues involved in the auditing process, and it also serves as an implementation guide for the companies interested in adopting the SA8000 system.3. How does my company become Accredited to certify factories and facilities to the SA8000 Standard?The accreditation process for SA8000 certification is managed by Social Accountability Accreditation Services (SAAS). Accreditation is a process similar to licensing, wherein SAAS evaluates an applicant certification firm's capacity to thoroughly audit a workplace for compliance with SA8000. This process includes an audit of a company's written policies, procedures and documentation. Accreditation applicants must demonstrate adherence to SAAS accreditation criteria.The ongoing accreditation process also includes the following:

1. Office audit: Office review and interview with staff2. Witness audit: Observation of auditors conducting SA8000 audits 3. Periodic re-evaluation: Surveillance audits.4. What is SAI?

SAI is a non-governmental, international, multi-stakeholder organization dedicated to improving workplaces and communities by developing and implementing socially responsible standards.

SAI convenes key stakeholders to develop consensus-based voluntary standards, conducts cost-benefit research, accredits auditors, provides training and technical assistance, and assists corporations in improving social compliance in their supply chains.

In 1997, SAI launched SA8000 (Social Accountability 8000) a voluntary standard for workplaces, based on ILO and UN conventions which is currently used by businessesand governments around the world and is recognized as one of the strongest workplacestandards.

SAI partners with trade unions, local NGOs, multi-stakeholder initiatives, organic, fair trade, and environmental organizations, development charities, and anti-corruption groups to carry out research, training and capacity-building programs.5. How widely recognized is the SA8000 standard?Sufficiently specific to be used to audit companies and contractors alike in multiple industries and countries, SA8000 represents a major breakthrough: it was the first auditable social standard and creates a process that is truly independent (it is neither a government project nor dominated by any single interest group). Representatives of trade unions, human rights organizations, academia, retailers, manufacturers, contractors, as well as consulting, accounting, and certification firms, by consensus, cooperated to develop the SA8000 Standard. Because of its multi-stakeholder input, applicability across industries and countries, emphasis on continuous improvement and use of a management system for implementation, SA8000 is widely recognized as one of the most comprehensive and well-respected human rights social standard available.6. What is the impact of SA8000 worldwide?Initial evidence indicates that SA8000 certified facilities enjoy a competitive advantage and workers experience concrete benefits as the SA8000 management system and any needed corrective actions are put in place.7. Where can I buy a product made at an SA8000-certified facility?Certification to the SA8000 standard is not for specific items produced by certified facilities, but rather the process through which the products are made. SA8000-certified facilities are usually a part of the supply chain that supplies to international companies and brands that choose to source from SA8000 certified facilities.8. How do I become an SA8000 Auditor?SAAS does not directly employ SA8000 auditors. Auditors interested in conducting SA8000 audits may do so in one of two ways: working directly for a SAAS-accredited Certification Body, or working as an individual auditor available for hire by accredited CBs.9. What are the benefits of certification?- Putting company values into action.- Enhancing company and brand reputation.- Improving communication with employees and recruitment, retention and productivity.- Supporting better supply chain management and performance.- Enhanced opportunities for workers to organize trade unions and bargain collectively.- Education about core labor rights.- A way to generate public awareness of companies committed to assuring humane working conditions.10. How long does it take to be certified?The average length of time for the certification process varies depending on the readiness of the facility and the systems it has put in place to meet the requirements of SA8000. Some facilities require a pre-assessment prior to a certification audit. If it is found that the facility requires additional procedures to meet the Standard, corrective actions must then be put in place. Once the certification audit is conducted, corrective actions may be issued and again, procedures will need to be put in place to correct them. Major corrective actions must be evident before certification may be granted. Therefore, the amount of time needed between applying to be certified and becoming certified could vary between several months and several years.11. What are the average costs of earning certification?The average costs of earning certification vary for each applicant facility, depending on the Certification Body to which it applies location of the facility, facility size and scope of the certification.12. What Is Certification?

Certification is the process by which individual facilities and organizations undergo assessment by a third-party auditor. If the facility meets the requirements set out in the standard or code, it can earn a certificate attesting to its compliance.Third party assessment occurs when a facility is voluntarily audited against a standard or code by an independent, external body that is neither a direct purchaser nor a consultant. Performance deemed to be in compliance with the standard is acknowledged by the granting a certificate. This certificate can be displayed and its contents communicated to relevant parties such as buyers or brands.

CHAPTER-8SA8000 STANDARD IN A NUTSHELL

Only The Salient Features are included .This Is Not a replacement of the Standard. This Is Only a Guide to Understand the Standard. These requirements are in addition to the labour law of our country. Also refer the relevant UN conventions and ILO conventionsSL NOStandard Clause Number And TitleBriefly STIPULATION IN SIMPLE WORDS

1. 1.1 Child Labour Minimum age Do not engage labour of age below 15 years. Keep employee age proof.

2. 1.2 Child LabourPolicyDocument and communicate your policy on child labour. everyone should understand this policy

3. 1.3 Child LabourPrevention And RemediationDevelop a procedure for avoiding child labour in recruitment. In case found currently engaging child labour due to past policies, have a methodology for remediation of child labour.

Do not engage young workers for night work and hazardous work (work involving chemicals, radioactive materials etc.)

4. 2.1 Forced LabourPreventionDo not engage in or support the use of forced labour(where work output is against their free will and not given by worker voluntarily but by means of threat of financial penalty/due to debt/deposit/holding of workers documents like certificates)

This means no bonded labour or concentration camp/slavery.Give freedom to leave work place after workday and to resign and leave from job with adequate notice.

5. 2.2 Forced LabourHuman TraffickingDo not engage in human trafficking

6. 3.1 Health And SafetyRisk Analysis And MitigationIdentify by risk analysis, the hazards inherent in the work and minimize them by implementing control measures (e.g. firefighting, first aid, emergency preparedness) necessary for employee health and safety.

7. 3.2 Health And SafetyHealth And Safety OfficerAppoint a senior management representative responsible for implementing the health and safety requirements specified by this standard.

8. 3.3Health And SafetyTrainingProvide to employees regular and recorded health and safety training related to the health and safety aspects of work they are currently performing.

The training should be effective and not as a ritual. Documented instructions also needed.

9. 3.4 Health And Safety Detection Prevention And ControlDevelop a system to detect, avoid or respond to potential threats to health and safety of all personnel. (e.g. fire) Consider health and safety issues when any new material/chemical or technology is implemented.

10. 3.5

Health and SafetyPPE and First AidProvide adequate PPE and first aid, medical treatment for work related injuries.

11. 3.6

New and expectant mothersAssess their risks provide adequate health and safety measures to them

12. 3.7 Health And SafetyHygiene And SanitationProvide clean bathroom , hygienic drinking water and sanitary facilities for food storage

13. 3.8 Health And SafetyClean And safe Staying PlaceIf dormitories are provided, make sure that they are clean, safe and meet the basic needs of the personnel.

Adequate safety measures including fire protection are to be provided in the dormitory.

4.1 Freedom Of Association And The Right To Collective Bargaining

Trade Union

Respect the right of employees to join trade unions and for collective bargaining

14. 4.2 Freedom Of Association And The Right To Collective BargainingParallel MeansIn case unions are restricted by law (e.g. special economic zones) ,allow parallel means of communication with management.

15. 4.3 Freedom Of Association And The Right To Collective BargainingNon PersecutionDo not persecute union members or executives due to union activity.

16. 5.1 Discrimination NondiscriminationDo not engage in parochial practices. Do not engage in discrimination of employees due to caste, creed, sex, language etc to which they belong. Provide equal pay for equal work.

17. 5.2 DiscriminationNon Interference Do not interfere with the right of the employees to follow their religious/ethnic beliefs and practices.

18. 5.3 DiscriminationPrevent Sexual HarassmentPrevent sexual harassment in the workplace. Clearly communicate the company policy. Provide a framework for reporting and dealing with such issues if any.

19. 5.4

DiscriminationTestsDo not subject personnel to pregnancy or virginity tests.

20. 6.1 Disciplinary Action

No Violence/Torture

Treatment Do not use punishment which is physically painful, mentally torturing or verbal abuse.

In case of any disciplinary action, follow fair practices.No harsh or inhumane treatment is allowed.Follow requirements of standing orders.

21. 7.1 Working HoursLimitsMeet the applicable Indian labour law. Engage workers for not more than 48 hours per week of regular work and overtime shall not exceed 12 hours per week. Provide one day off in every seven day cycle of work. Pay premium wages for overtime work.

22. 7.2

Working HoursWeekly offProvide one day off in every seven day cycle of work. Pay premium wages for overtime work.

23. 7.3 Working HoursVoluntary OvertimeOvertime work if carried out should meet the stipulations of 7.3, otherwise it should be voluntary. Work time averaging over several weeks is allowed. Do not extract forced overtime.

24. 7.4 Working HoursSeasonal FactorTo meet the short term (seasonal) business needs, there can be overtime agreed with the union.

25. 8.1 RemunerationMinimum WagesPay minimum wages as per legal requirements.

26. 8.2 RemunerationFinesIf allowed by National law company can deduct from wages for disciplinary purposes.

27. 8.3Payment Pay wages in a manner convenient to the employeesElectronic transfer, Cash or Cheque. Give pay slip with details of wage calculation.

28. 8.4Overtime Pay premium wages for OT.

29. 8.5 RemunerationNo BypassDo not by-pass legal requirements by means of engaging false apprentices/ labour only contracts/ perennial casual workers etc.

30. 9.1 Management SystemsSA PolicyDefine document and Communicate to all the social accountability policy of the company

31. 9.2 Management SystemsSA RepresentativeAppoint a member of management as SA representative to implement the system in full in the company

32. 9.3 Management SystemsSA Non Management RepresentativeAllow non management personnel to elect a non management SA representative

33. 9.4

Management SystemsManagement ReviewReview regularly the SA system performance at the top management level and take necessary action for updating and improvement. Conduct internal audits and take corrective action on lapses.

34. 9.5 Management SystemsRoles, Responsibilities, Training And Monitoringa) Define all roles and responsibilities related to implementing this system.

b) Train initially and periodically retrain all employees on this standard.

c) Continuously monitor the implementation of the system to demonstrate its effective implementation

35. 9.6

SA guidance and interpretationRefer SA guidance document for interpretation of the Standard.

36. 9.7 Management Systems

Supplier Selection andSupplier CommitmentSupplier selection procedure should include weightage for their implementation of the SA system requirements.Maintain appropriate records on suppliers, subcontractors

a) on conformance to SA 8000 requirements

b) supplier audit

c) supplier corrective action

d) communication on subletting if any of the suppliers

37. 9.8 Management SystemsSupplier Compliance RecordsMaintain reasonable records of supplier compliance on SA 8000 requirements

38. 9.9Supplier ControlEnsure by making reasonable efforts that the requirements of this standard are met by the suppliers and subcontractors.

39. 9.10 Management SystemsHome WorkersHome workers, if any, should also be protected just like direct workers, regarding welfare.

40. 9.11 Management SystemsAddressing ConcernsHave a system for addressing and resolving the grievances/complaints of workers/ other interested parties regarding the SA8000 system implementation

41. 9.12 Management Systems Corrective ActionHave system for taking immediate action to resolve the issues raised and also to deal with the root cause of the problem to avoid recurrence of the problem. This also requires that adequate resources are assigned to the solution.

42. 9.13Management Systems Outside CommunicationEstablish and maintainProcedures to communicate the results of the SA 8000 implementation to interested parties like customers, NGOs, General Public, Authorities etc.

43. 9.14

Management SystemStake holder engagementDemonstrate willingness to interact with all interested stake holders.

44. 9.13Management Systems Access For VerificationProvide access (when requested) to interested parties to verify records of SA 8000 implementation in the company

45. 9.14 Management SystemsRecordsMaintain appropriate (self explanatory )records to prove compliance to the system in an objective manner

Note:-1. Validity of certification: 3 years

2. Periodic audit frequency after certification: Every 6 months one will be a surprise audit.3. SAI (Social accountability International) was started in the year 1997.CHAPTER-9SA8000:2014 KEY CHANGESThe key changes are especially related to:1. Intent and ScopeThe intent of the Standard is unchanged; language has been edited for clarity. The new phrasing clarifies that SA8000 is a sustainable standard for ensuring the empowerment and protection of the health and welfare of all personnel throughout a worksite and a companys supply chain, while providing a management system for employers to demonstrate and verify their compliance with the Standard.

1.1 Management SystemThere is a new introductory statement about the Management System approach and its application to the other eight elements of the Standard. This addition is intended to emphasize the use of the Management System as the foundation of correct implementation of, and sustained compliance with, SA8000. This introduction also emphasizes the importance of a term newly used in the Standard, Social Performance, which seeks continual improvement when applying, sustaining and Complying with SA8000.

1.2 AdditionsILO Convention No. 181 has been added because it is the source of the new SA8000: 2014 definition of Private Employment Agency (Definition No. 17, supra) used in the Management System criterion 9.10.1. This requirement states that organisations shall conduct due diligence on any and all private employment agencies they use.The UN Guiding Principles on Business and Human Rights (UNGP) has been added because it is the most widely disseminated and cited compilation of the responsibilities of business to respect human rights that has been developed over the past few decades. In particular, the concept and requirement of due diligence in the SA8000:2014 management of suppliers and contractors requirements (9.10.1) originates from the UNGP. This mandated tool is intended to strengthen an organisations criteria in selecting and continuing its supplier/contractor relationships.

1.3 InterpretationThe international instruments are listed to indicate the source of the Standards requirements.

1.4 DefinitionsThe Definitions section of SA8000: 2014 has been reorganized. The definitions listing is generally alphabetical but closely inter-related definitions are grouped together. This

change is intended to make the definitions clearer and easier for the reader to understand. The re-organization will also make it easier to research a specific term.

Social Accountability Requirements2. Forced and compulsory labourSA8000:2014 makes significant changes to two elements of this requirement from the previous edition.

2.1 Health and safetySA8000: 2014 has reordered several Health and Safety criteria from the 2008 version, e.g. criterion 3.5 has become 3.3, criterion 3.6 has become 3.2 in 2014 version.

The Standard now requires the formation of a Health and Safety Committee made up of a balanced group of management representatives and workers. Committee members shall be trained, and periodically retrained, to adequately perform the continuing task of conducting periodic safety and health risk assessments throughout the organizations workplace.

2.2 DiscriminationDiscrimination based on territorial origin has been added to the types of

discrimination that are prohibited in SA8000:2014.

2.3 Working HoursSA8000: 2014 explicitly states that organizations shall abide by collective bargaining agreements with regards to working hours.

2.4 RemunerationSA8000:2014 explicitly requires a living wage to be paid for a normal work week, not including overtime, so that the wage meets at least legal or industry minimum Standards or is derived from a collective bargaining agreement.2.5 Management systemMost of these requirements have been revised in SA8000:2014. SA8000:2014 eliminates the SA8000:2008 roles of management representative and SA8000 worker representative. Now, the organisation is required to create a Social Performance Team (SPT), comprised of Management and SA8000 Worker representative(s).3. Identification and Assessment of RisksThe SPT is now responsible for identifying and prioritizing current and potential risks to SA8000 compliance. The new requirement also mandates that the SPT must periodically produce a written risk assessment of the current and potential non-conformances to SA8000 and their remediation, as well as its prioritization of remediation involved, based upon stated criteria. This is intended to ensure that management respects and carefully reviews the SPTs recommended actions and their prioritization.

3.1 Internal Involvement and CommunicationThis revision adds new requirements concerning internal communications.

3.2 Complaint Management and ResolutionThis revision expands upon the right of personnel to report SA8000 conformance and non-conformance issues to the organisation.

3.3 Management of Suppliers and ContractorsSA8000: 2014 increases the organizations social accountability responsibilities in managing its supply chain. The organisation must now conduct due diligence of its suppliers/subcontractors, private employment agencies and sub-suppliers adherence to SA8000 and consider the results of such due diligence when selecting new supply chain members or evaluating current ones.

ANNEXURE 1

SA 8000 Other Records as per Legal RequirementsSl. No.TITLE

1. Appointment Letter

2. Relieving Details Of Retired/Resigned Employees

3. Work Place Air Test Report

4. Noise Test Report Work Place

5. Noise Test Report Out Side.

6. Drinking Water Test Report

7. Illumination Test Report

8. Air Testing Report Ambient

9. Emission Test Report Of Vehicles

10. Effluent Testing Report

11. E Waste Disposal Report

12. Hazardous Waste Manifest

13. Communication With Govt. Bodies/Departments

14. Compressor Test Report

15. Employee Medical Test Report (Notified Occupation)

16. Age Proof Of Workers

17. Contract With Suppliers regarding SA conditions.

18. Licence From Panchyat, Factory Department, Consent From PCB

19. Fire Licence

20. ESI, PF Registration

21. ESI, PF Payment

22. Audit Register ( Form:11)

23. Register Of Muster Roll (Form:22)

24. Register Of Deduction Loss / Damage ( Form:)

25. Register Of Fines & Unpaid Accumulation (Form:)

26. Register Of Advances ( Form: )

27. Leave With Wage Register (Form:14)

28. Leave Book(Form:15)

29. Time Card (Form:)

30. Register Of Accident & Dangerous Occurrence ( Form: 23)

31. Exemption Register(Form:28)

32. Particulars Of Room(Form:29)

33. Register Of Equal Remuneration (Form:)

34. Suspension Register (Form:)

35. Register Of National Holidays &5 Festival Holidays (Form:)

36. Inspection Register ( Form: 6,28 &29)

37. Accident Register In Form :11 Is To Be Maintained In The Establishment And Report And Accidents In Form:12 To Be Maintained BY Contractor/ Employee

38. Time In & Out Register

39. Health Register ( Form:16)

40. First Aid Trained Certificate

41. Notice Board- Period Of Work For Adult Workers( Form-10)

42. Annual Return Ending 15th Jan

43. Half Yearly Return Ending 30th June.

44. Accident Annual Return By 1st Week February Rule 107(4)

45. Form Of Nomination( Form:25)

46. Record Of Lime Washing & Painting (Form:6)

47. Fitness Certificate( Form:4/37)

48. Special Fitness Certificate( Form:24)

49. Prescribed For Report Examination Of Hoist/Lift(Form:31)

50. Prescribed For Report Examination Of Cranes/ Other Lifting Machineries(Form:32)

51. Register Of Tight Fitting Clothing (Form:)

52. Report Of Compensatory Holidays(Form:7) Quarterly

53. Report Of Examinination Of Pressure Vessel / Plant

54. Register Of Child Workers( Form:13)

55. Notice Period Of Work For Child Labour (12)

56. Certifying Surgeons Visit Note (Forn:27)

57. Eye Examination Certificate For The BOPT And Stackers Operators

58. Notice Of Change Of Manager (Form: 3A)

59. Register Of Compensatory Holidays (Form: 8)

60. Notice Of Poisoning Or Disease (Form 18)

61. Form as per Rules 58 (Form: 30)

62. Prescribed For Report Examination Of Hoist Or Lift (Form: 31)

63. Register Of Tight Fitting Clothing (Form: 33)

64. Register Of Water Sealed Gas Holders (Form: 34)

65. Report Of Examination Of Water-Sealed Gasholder(Form: 35)

66. Record Of Eye Examination (Form: 39)

67. Application For Permission To Construct, Extend Or Take In To Use Any Building As A Factory (Form: 1)

68. Form: V return to PCB

E-mail:morning@bsnl.in 52 17/03/2015

Phone:9847041681