Sunteți pe pagina 1din 56

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: 9847041681

Website:www.veera1.com, e-mail:morning@bsnl.in

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

CONTENTS

Social Accountability
Standard
SA 8000
Sl No Title
1.
2.
3.
4.
5.
6.
7.
8.
9.

Page
No

Introduction
Terms and Definitions
Relevant extracts from the UN/ILO
conventions
Legal Register
List of Mandatory Documents
List of Mandatory Records
Frequently Asked Questions
SA 8000 In a Nutshell- Revision 1 dated
6-6-2013
SA 8000:2014 Key changes

3
7
9
27
39
40
41
45
52

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

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

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 Basis
SA8000 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 neighbour

Details 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

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

Has been developed with stakeholders


Is designed to take local laws and requirements into account
1.2 Certifications

More 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 Significance
Dominic 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

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

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
SA 8000 Mission
Improve working conditions globally
E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

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 8000

SA 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

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

CHAPTER-2
TERMS AND DEFINITIONS
1. 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 nonconformance 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.

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

9. Organisation
The company including all its employed personnel, which is
implementing the social accountability management system
10. Sub-supplier
Any 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.

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

CHAPTER-3
RELEVANT 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 Child
1. 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;

E-mail:morning@bsnl. in
Phone:9847041681

17/03/2015

(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:

E-mail:morning@bsnl. in
Phone:9847041681

10

17/03/2015

(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, 1996
Article 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
E-mail:morning@bsnl. in
Phone:9847041681

11

17/03/2015

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.

E-mail:morning@bsnl. in
Phone:9847041681

12

17/03/2015

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.

E-mail:morning@bsnl. in
Phone:9847041681

13

17/03/2015

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,

E-mail:morning@bsnl. in
Phone:9847041681

14

17/03/2015

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;

E-mail:morning@bsnl. in
Phone:9847041681

15

17/03/2015

(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.

E-mail:morning@bsnl. in
Phone:9847041681

16

17/03/2015

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.

E-mail:morning@bsnl. in
Phone:9847041681

17

17/03/2015

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

E-mail:morning@bsnl. in
Phone:9847041681

18

17/03/2015

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
expenditure for the workers.

measures

shall

not

involve

any

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-E-mail:morning@bsnl. in
Phone:9847041681

19

17/03/2015

(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.

E-mail:morning@bsnl. in
Phone:9847041681

20

17/03/2015

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, 1958
Article 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;

E-mail:morning@bsnl. in
Phone:9847041681

21

17/03/2015

(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, 1951
Article 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--

E-mail:morning@bsnl. in
Phone:9847041681

22

17/03/2015

(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.
E-mail:morning@bsnl. in
Phone:9847041681

23

17/03/2015

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

E-mail:morning@bsnl. in
Phone:9847041681

24

17/03/2015

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.

E-mail:morning@bsnl. in
Phone:9847041681

25

17/03/2015

CHAPTER-4
LEGAL REQUIREMENTS

Require
ments

Act

Description

The Factories
Act 1948

The 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)
1986

1.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

Child Labour

SA
8000
Clau
se
Num
ber

E-mail:morning@bsnl. in
Phone:9847041681

26

17/03/2015

inspection about working hours or when


the
work is being carried out.
The Bonded
Labour System
(Abolition) Act
1976

The Factories
Act 1948

Forced
Labour

The Bonded
Labour System
(Abolition) Act
1976

The Bonded
Labour System
(Abolition) Act
1976

The Factories
Act 1948

E-mail:morning@bsnl. in
Phone:9847041681

No 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.
No 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
No 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.
All 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.
To 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

27

17/03/2015

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

Health
And
Safety

The Interstate
Migrant
Workmen
(Regulation of
employment
act, 1979

The ESI Act


1948

The Maternity
Benefit Act,
1961

E-mail:morning@bsnl. in
Phone:9847041681

A 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
Register 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
Section 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

28

17/03/2015

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

E-mail:morning@bsnl. in
Phone:9847041681

29

17/03/2015

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 Industrial
Dispute Act
1947

Freedo
m of
Associat
ion

The Trade Union


Act 1926

Discrimi
nation

The Equal
Remuneration
Act 1976

E-mail:morning@bsnl. in
Phone:9847041681

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
Section 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.
Section 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.
Payment 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

30

17/03/2015

connnected therewith of incidental


thereto.

The Industrial
Employment
(Standing
Orders) Act
1946

Discipli
nary
Practice
s

The Industrial
Relation Act
1946

The Maternity
Benefit Act,
1961

The Karnataka
Industrial
Establishment
Act (National
and Festival
Act)

Working
Hours

The Factories
Act 1948

The Maternity
Benefit Act,
1961

E-mail:morning@bsnl. in
Phone:9847041681

Section 5: No discrimination on promotion,


training or transfer except where
employment of women is restricted.
Suspension 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
Enumerates 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
When 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.

Every Establishment has to submit for the


Labour department
Register 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.
No 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

31

17/03/2015

Remuneration

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.

The Industrial
Dispute Act
1947

E-mail:morning@bsnl. in
Phone:9847041681

Wages 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

32

17/03/2015

The Factories
act 1948

A 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,
1948

Section 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 1965

Section 1: Every factory wherein 10 or


more persons are employed with the aid
of power or An establishment in which 20

E-mail:morning@bsnl. in
Phone:9847041681

33

17/03/2015

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
1972

E-mail:morning@bsnl. in
Phone:9847041681

Every 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

34

17/03/2015

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 1948

The ESI Act


1948

The Employee
Provident Act
1952

E-mail:morning@bsnl. in
Phone:9847041681

It 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.
Contribution card to be maintained
Return of Contribution Cards, ESI
Declaration particulars Register and
declaration forms.
Register of Employees
Return of Declaration Forms
Register of Nomination and Declaration
Form
Return of Employee qualifying for

35

17/03/2015

The Industrial
Employment
(Standing
Orders) Act
1946

The Maternity
Benefit Act,
1961

E-mail:morning@bsnl. in
Phone:9847041681

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
An 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 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

36

17/03/2015

Sl no
1.
2.
3.
4.
5.
6.
7.

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.Documents
The nature of work assigned to her by
virtue of the provisions contained in sub
SA8000 Manualsection 3 of section 4 or b. breaks for
nursing the child allowed to her under the
provisions of section 11 of the Maternity
Standing Orders
Benefit Act
Exhibiton of Abstracts of the Act: An
Health And Safety
Manual
abstract
of the provisions of the Act and
the rules made thereunder in the
Risk Assessment
language
Manualof the locality shall be
established in a conspicious place by the
employer
in every part of the
Operation Control
Procedure
establishment in which women are
employed.
Emergency Preparedness
Plan
The Equal
Section 4: No employer shall pay to any
Remuneration
other worker, employed by him in an
Basic
need wages
calculationor employment,
Act 1976
establishment
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-5
LIST OF MANDATORY DOCUMENTS

E-mail:morning@bsnl. in
Phone:9847041681

37

17/03/2015

SI no
1.
2.
3.
4.
5.
6.
7.
8.

Records
Employee Master
Master List of Documents
Minutes of Meeting
Training Attendance Record
Training Feedback
Suggestion Form
Grievance Register
Approved Vender/Sub-Contractor List

9.
10.

Vendor/Sub-Contractor Registration Form


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.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.

Accident/Incident Report
Mock Drill Register
Supplier Questionnaire
Wage Calculation Sheet
Wage Slip
Attendance Sheet
MRM Minutes
Over Time Records
Leave Application Form
Application For Employment
Health and Safety Training Records

CHAPTER-6
LIST OF MANDATORY RECORDS

E-mail:morning@bsnl. in
Phone:9847041681

38

17/03/2015

Note: All formats and registers as per legal requirements


(Refer Annexure 1)

CHAPTER-7
FREQUENTLY 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.

E-mail:morning@bsnl. in
Phone:9847041681

39

17/03/2015

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 staff
2. 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 businesses
and governments around the world and is recognized as one of the
strongest workplace
standards.

E-mail:morning@bsnl. in
Phone:9847041681

40

17/03/2015

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 multistakeholder 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.

E-mail:morning@bsnl. in
Phone:9847041681

41

17/03/2015

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.

E-mail:morning@bsnl. in
Phone:9847041681

42

17/03/2015

CHAPTER-8
SA8000 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 conventions

E-mail:morning@bsnl. in
Phone:9847041681

43

17/03/2015

SL
NO

Standard
Clause
Number And
Title
1.1
Child Labour

Briefly

STIPULATION IN SIMPLE
WORDS

Minimum age

2.

1.2
Child Labour

Policy

3.

1.3
Child Labour

Prevention And
Remediation

Do not engage labour of age


below 15 years. Keep employee
age proof.
Document and communicate
your policy on child labour.
everyone should understand
this policy
Develop
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 Labour

Prevention

5.

2.2
Forced Labour
3.1
Health And
Safety

Human Trafficking

1.

6.

E-mail:morning@bsnl. in
Phone:9847041681

Risk Analysis And


Mitigation

44

Do 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.
Do not engage in human
trafficking
Identify 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.

17/03/2015

7.

3.2
Health And
Safety

Health And Safety


Officer

8.

3.3
Health And
Safety

Training

9.

3.4
Health And
Safety

Detection
Prevention And
Control

Appoint a senior management


representative responsible for
implementing the health and
safety requirements specified
by this standard.
Provide 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.
Develop 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.
Provide adequate PPE and first
aid, medical treatment for work
related injuries.

10. 3.5
Health and
Safety

PPE and First Aid

11. 3.6

New and
expectant
mothers

Assess their risks provide


adequate health and safety
measures to them

12. 3.7
Health And
Safety

Hygiene And
Sanitation

13. 3.8
Health And
Safety

Clean And safe


Staying Place

14. 4.1
Freedom Of
Association And
The Right To
Collective
Bargaining

Trade Union

Provide
clean
bathroom
,
hygienic drinking water and
sanitary facilities for food
storage
If 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.
Respect the right of employees
to join trade unions and for
collective bargaining

15. 4.2

Parallel Means

E-mail:morning@bsnl. in
Phone:9847041681

In case unions are restricted by

45

17/03/2015

Freedom Of
Association And
The Right To
Collective
Bargaining
16. 4.3
Freedom Of
Association And
The Right To
Collective
Bargaining
17. 5.1
Discrimination

law (e.g. special economic


zones) ,allow parallel means of
communication
with
management.
Non Persecution

Do
not
persecute
union
members or executives due to
union activity.

Nondiscrimination

Do 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.

18. 5.2
Discrimination

Non Interference

Do not interfere with the right


of the employees to follow their
religious/ethnic
beliefs
and
practices.

19. 5.3
Discrimination

Prevent Sexual
Harassment

20. 5.4
Discrimination
21. 6.1
Disciplinary
Action

Tests

Prevent sexual harassment in


the
workplace.
Clearly
communicate
the
company
policy. Provide a framework for
reporting and dealing with such
issues if any.
Do not subject personnel to
pregnancy or virginity tests.

22. 7.1
Working Hours

Limits

E-mail:morning@bsnl. in
Phone:9847041681

No
Violence/Torture
Treatment

46

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.
Meet 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

17/03/2015

day off in every seven day cycle


of work. Pay premium wages for
overtime work.
23. 7.2
Working Hours

Weekly off

24. 7.3
Working Hours

Voluntary
Overtime

25. 7.4
Working Hours

Seasonal Factor

26. 8.1
Remuneration

Minimum Wages

27. 8.2
Remuneration

Fines

If allowed by National law


company can deduct from
wages for disciplinary purposes.

28. 8.3

Payment

29. 8.4

Overtime

Pay wages in a manner


convenient to the employees
Electronic transfer, Cash or
Cheque. Give pay slip with
details of wage calculation.
Pay premium wages for OT.

30. 8.5
Remuneration

No Bypass

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

31. 9.1
Management
Systems

SA Policy

Define
document
and
Communicate to all the social
accountability policy of the
company

32. 9.2
Management

SA Representative

Appoint
a
management

E-mail:morning@bsnl. in
Phone:9847041681

Provide one day off in every


seven day cycle of work. Pay
premium wages for overtime
work.
Overtime 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.

47

To
meet the
short
term
(seasonal)
business
needs,
there can be overtime agreed
with the union.
Pay minimum wages as per
legal requirements.

member
as

of
SA

17/03/2015

Systems

representative to implement
the system in full in the
company

33. 9.3
Management
Systems

SA
Non Management
Representative

Allow
non
management
personnel to elect
a non
management SA representative

34. 9.4
Management
Systems

Management
Review

Review 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.

35. 9.5
Management
Systems

Roles,
Responsibilities,
Training And
Monitoring

a)
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

36. 9.6

SA guidance and
interpretation

Refer SA guidance document


for
interpretation
of
the
Standard.

37. 9.7
Management
Systems

Supplier Selection
and
Supplier
Commitment

Supplier 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

38. 9.8

Supplier

Maintain reasonable records of

E-mail:morning@bsnl. in
Phone:9847041681

48

17/03/2015

Management
Systems

Compliance
Records

supplier compliance on SA 8000


requirements

39. 9.9

Supplier Control

Ensure by making reasonable


efforts that the requirements of
this standard are met by the
suppliers and subcontractors.

40. 9.10
Management
Systems

Home Workers

Home workers, if any, should


also be protected just like direct
workers, regarding welfare.

41. 9.11
Management
Systems

Addressing
Concerns

Have a system for addressing


and
resolving
the
grievances/complaints
of
workers/
other
interested
parties regarding the SA8000
system implementation

42. 9.12
Management
Systems

Corrective Action

Have
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.

43. 9.13
Management
Systems

Outside
Communication

Establish and maintain


Procedures to communicate the
results
of
the
SA
8000
implementation to interested
parties like customers, NGOs,
General Public, Authorities etc.

44. 9.14
Management
System

Stake holder
engagement

Demonstrate
willingness
to
interact with all interested stake
holders.

45. 9.13
Management
Systems

Access For
Verification

Provide
access
(when
requested) to interested parties
to verify records of SA 8000
implementation in the company

46. 9.14
Management
Systems

Records

Maintain
appropriate
(self
explanatory )records to prove
compliance to the system in an

E-mail:morning@bsnl. in
Phone:9847041681

49

17/03/2015

objective manner
Note:1.
2.
3.

Validity of certification: 3 years


Periodic audit frequency after certification: Every 6 months one will be a
surprise audit.
SAI (Social accountability International) was started in the year 1997.

CHAPTER-9
SA8000:2014 KEY CHANGES
The key changes are especially related
to:
1. Intent and Scope
The 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 System
There 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.

E-mail:morning@bsnl. in
Phone:9847041681

50

17/03/2015

1.2 Additions
ILO 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 Interpretation
The international instruments are listed to indicate the source of the
Standards requirements.

1.4 Definitions
The 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 Requirements
2. Forced and compulsory labour
SA8000:2014 makes significant changes to two elements of this
requirement from the previous edition.
2.1
Health and safety
SA8000: 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
Discrimination
Discrimination based on territorial origin has been added to the types of

E-mail:morning@bsnl. in
Phone:9847041681

51

17/03/2015

discrimination that are prohibited in SA8000:2014.


2.3
Working Hours
SA8000: 2014 explicitly states that organizations shall abide by
collective bargaining agreements with regards to working hours.
2.4
Remuneration
SA8000:2014 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 system

Most 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 Risks


The 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 Communication
This revision adds new requirements concerning internal communications.
3.2
Complaint Management and Resolution
This revision expands upon the right of personnel to report
SA8000 conformance and non-conformance issues to the
organisation.
3.3
Management of Suppliers and Contractors
SA8000: 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.

E-mail:morning@bsnl. in
Phone:9847041681

52

17/03/2015

ANNEXURE

SA 8000 Other Records as per Legal Requirements


Sl.
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

E-mail:morning@bsnl. in
Phone:9847041681

53

17/03/2015

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.
19.

Licence From Panchyat, Factory Department, Consent


PCB
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:)

E-mail:morning@bsnl. in
Phone:9847041681

54

From

17/03/2015

35.

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

36.

Inspection Register ( Form: 6,28 &29)

37.
38.

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
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.
51.

Prescribed For Report Examination Of Cranes/ Other Lifting


Machineries(Form:32)
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)

E-mail:morning@bsnl. in
Phone:9847041681

55

17/03/2015

58.

Eye Examination Certificate For The BOPT


Operators
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)
Form: V return to PCB

57.

68.

E-mail:morning@bsnl. in
Phone:9847041681

56

And Stackers

17/03/2015

S-ar putea să vă placă și