REPORT OF APPAREL INDUSTRY PARTNERSHIP
The members of the Apparel Industry Partnership hereby report to the
President and to the public on:
- The announcement of the attached "Workplace Code of Conduct" as a set of standards defining decent and humane working conditions;
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- The individual determination of each company participating in the Partnership to adhere to the Code and to implement as soon as reasonably practicable a monitoring program consistent with the attached 'Principles of Monitoringâ by adopting an internal monitoring program consistent with such Principles and utilising an independent external monitor that agrees
to conduct its monitoring consistent with such Principles; and
- The PartnershipÕs commitment to work together to form, during a six-month transition period, a non-profit association that would have the following functions intended to provide the public with confidence about compliance with the Code:
- To determine the criteria for company membership in the association and for companies to remain members in good standing of the association;
- To develop criteria and implement procedures for the qualification of independent external monitors;
- To design audit and other instruments for the establishment of baseline monitoring practices;
- To continue to address questions critical to the elimination of sweatshop practices;
- To develop means to maximize the ability of member companies to remedy any instances of non-compliance with the Code; and
- To serve as a source of information to consumers about the Code and about companies that comply with the Code.
The association would he governed by a board whose members would be nominated by companies, labor unions and consumer, human rights and religious groups. The Partnership would work together during this transition period to further determine the governance of the association.
WORKPLACE CODE OF CONDUCT
The Apparel Industry Partnership has addressed issues related to the eradication of sweatshops in the United States and abroad. On the basis of this examination, the Partnership has formulated the following set of standards defining decent and humane working conditions.
The Partnership believes that consumers can have confidence that products that are manufactured in compliance with these standards are not produced under exploitative or inhumane conditions.
FORCED LABOR. There shall not be any use of forced labor, whether in the
form of prison labor, indentured labor, bonded labor or otherwise.
CHILD LABOR. No personal shall be employed at an age younger than 15 (or
14 where the law of country of manufacture allows) or younger than the age
for completing compulsory education in the country of manufacture where
such age is higher than 15.
HARASSMENT or ABUSE. Every employee shall be treated with respect and
dignity. No employee shall be subject to any physical, sexual,
psychological or verbal harassment or abuse.
NON-DISCRIMINATION. No person shall be subject to any discrimination in
employment, including hiring, salary, benefits, advancement, discipline,
termination or retirement, on the basis of gender, race, religion, age,
disability, sexual orientation, nationality, political opinion, or social
or ethnic origin.
HEALTH & SAFETY. Employers shall provide a safe and healthy working
environment to prevent accidents and injury to health arising out of,
linked with, or occurring in the course of work or as a result of the
operation of employer facilities.
FREEDOM of ASSOCIATION and COLLECTIVE BARGAINING. Employers shall recognize
and respect the rights of employees to freedom of association and
collective bargaining.
WAGES & BENEFITS. Employers recognize that wages are essential to meeting
employees' basic needs. Employers shall pay employees, as a floor, at
least the minimum wage required by local law or the prevailing industry
wage, whichever is higher, and shall provide legally mandated benefits.
HOURS OF WORK. Except in extraordinary business circumstances, employees
shall:
(1) not be required to work more than the lesser of:
(a) 48 hours per week and 12 hours of overtime, or
(b) the limit on regular and overtime hours allowed by the law of the
country of manufacture or, where the laws of such country do not limit the
hours of work, the regular work week in such country plus 12 hours
overtime, and
(2) be entitled to at least one day off in every seven day period.
OVERTIME COMPENSATION. In addition to their compensation for regular hours
of work, employees shall be compensated for overtime hours at such premium
rate as is legally required in the country of manufacture or, in those
countries where such laws do not exist, at a rate at least equal to their
regular hourly compensation rate.
Any company that determines to adopt the Workplace Code of Conduct shall,
in addition to complying with all applicable laws of the country of
manufacture, comply with and support the Workplace Code of Conduct in
accordance with the attached Principles of Monitoring and shall apply the
higher standard in cases of differences of conflicts. Any company that
determines to adopt the workplace Code of Conduct also shall require its
contractors and, in the case of a retailer, its suppliers to comply with
applicable local laws and with this Code in accordance with the attached
Principles of Monitoring and to apply the higher standard in cases of
differences or conflicts.
PRINCIPLES OF MONITORING
1. OBLIGATIONS OF COMPANIES
A. Establish Clear Standards
- Establish and articulate clear, written workplace standards.
- Formally convey those standards to company factories as well as to contractors and suppliers
- Receive written certifications, on a regular basis, from company factories as well as contractors and suppliers that standards are being met, and that employees have been informed about the standards
- Obtain written agreement of company factories and contractors and suppliers to submit to periodic inspections and audits, including by independent external monitors, for compliance with the workplace standards
B. Create An Informed Workplace
Ensure that all company factories as well as contractors and suppliers
inform their employees about the workplace standards orally and through the
posting of standards in a prominent place (in the local languages spoken by
employees and managers) and undertake other efforts to educate employees
about the standards on a regular basis.
C. Develop An Information Database
- Develop a questionnaire to verify and quantify compliance with the workplace standards
- Require company factories and contractors and suppliers to complete and submit the questionnaire to the company on a regular basis
D . Establish Program to Train Company Monitors
Provide training on a regular basis to company monitors about the workplace
standards and applicable local and international law, as well as about
effective monitoring practices, so as to enable company monitors to be able
to assess compliance with the standards.
E. Conduct Periodic Visits and Audits
- Have trained company monitors conduct periodic announced and unannounced visits to an appropriate sampling of company factories and facilities of contractors and suppliers to assess compliance with the workplace standards
- Have company monitors conduct periodic audits of production records and practices and of wage, hour, payroll and other employee records and practices of company factories and contractors and suppliers
F. Provide Employees With Opportunity to Report Non-compliance
Develop a secure communications channel, in a manner appropriate to the
culture and situation, to enable company employees and employees of
contractors and suppliers to report to the company on non-compliance with
the workplace standards, with security that they will not be punished or
prejudiced for doing so.
G. Establish Relationships with Labor, Human Rights, Religious or Other
Local Institutions
- Consult regularly with human rights, labour, religious or other leading local institutions that are likely to have the trust of workers and knowledge of local conditions and utilize where companies deem necessary, such local institutions to facilitate communication with company employees and employees of contractors and suppliers in the reporting of non-compliance with the workplace standards
- Consult periodically with legally constituted unions representing employees at the worksite regarding the monitoring process and utilize, where companies deem appropriate, the input of such unions
- Assure that implementation of monitoring is consistent with applicable collective bargaining agreements
H. Establish Means of Remediation
- Work with company factories and contractors and suppliers to correct instances of non-compliance with the workplace standards promptly as they are discovered and to take steps to ensure that such instances do not recur
- Condition future business with contractors and suppliers upon compliance with the standards
2. OBLIGATIONS OF INDEPENDENT EXTERNAL MONITORS
A. Establish Clear Evaluation Guidelines and Criteria
Establish clear, written criteria and guidelines for evaluation of company
compliance with the workplace standards.
B. Review Company Information Database
Conduct independent review of written data obtained by company to verify
and quantify compliance with the workplace standards.
C. Verify Creation of Informed Workplace
Verify that company employees and employees of contractors and suppliers
have been informed about the workplace standards orally, through the
posting of standards in a prominent place (in the local languages spoken by
employees and managers) and through other educational efforts.
D. Verify Establishment of Communication Channel
Verify that the company has established a secure communications channel to
enable company employees and employees of contractors and suppliers to
report to the company on non-compliance with the workplace standards, with
security that they will not be punished or prejudiced for doing so.
E. Be Given Independent Access to, and Conduct Independent Audit of
Employee Records
- Be given independent access to all production records and practices and wage, hour, payroll and other employee records and practices of company factories and contractors and suppliers.
- Conduct independent audit, on a confidential basis, of an appropriate sampling of production records and practices and wage, hour, payroll and other employee records and practices of company factories and contractors and suppliers
F. Conduct Periodic Visits and Audits
Conduct periodic announced and unannounced visits, on a confidential basis,
of an appropriate sampling of company factories and facilities of
contractors and suppliers to survey compliance with the workplace standards.
G. Establish Relationships with Labor, Human Rights, Religious or
Other Local Institutions
- In those instances where independent external monitors themselves are not leading local human rights, labor rights, religious or other similar institutions, consult regularly with human rights, labor, religious or other leading local institutions that are likely to have the trust of
- workers and knowledge of local conditions
- Assure that implementation of monitoring is consistent with applicable collective bargaining agreements and performed in consultation with legally constituted unions representing employees at the worksite
H. Conduct Confidential Employee Interviews
- Conduct periodic confidential interviews, in a manner appropriate to the culture and situation, with a random sampling of company employees and employees of contractors and suppliers (in their local languages) to determine employee perspective on compliance with the workplace standards
- Utilise human rights, labor, religious or other leading local institutions to facilitate communication with company employees and employees of contractors and suppliers, both in the conduct of employee interviews and in the reporting of non-compliance
I. Implement Remediation
Work, where appropriate, with company factories and contractors and
suppliers to correct instances of non-compliance with the workplace standards.
J. Complete Evaluation Report
Complete report evaluating company compliance with the workplace standards.
Members of the White House Apparel Partnership
Business for Social Responsability
Interfaith Center on Corporate Responsability
International Labor Rights fund
Karen Kane
Kathie Lee Gifford
Lawyers Committee for Human Rights
Liz Claiborne, Inc.
L.L. Bean, Inc
National Consumers League
Nicole Miller
Nike, Inc.
Patagonia
Phillips-Van Heusen Corporation
Reebok International Ltd.
Retail, Wholesale and Department Store Union, AFL-CIO, CPC
Robert F.Kennedy Memorial Center for Human Rights
Tweeds, Inc.
Union of Needletrades, Industrial and Textile Employees (UNITE)
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