ETI BASIC CODE
RIGHT TO FREE CHOICE OF EMPLOYMENT
Forced or involuntary labour is prohibited.
1.2 The employer does not withhold money in the form of deposits or identification from employees and they are free to leave the workplace after prior notice.
- THE RIGHT TO ASSOCIATION AND THE RIGHT TO COLLECTIVE NEGOTIATIONS ARE RESPECTED
- Workers have the right, at their choice, to join or form trade unions and to benefit from collective bargaining.
- The employer adopts an open attitude to the activities and organising of trade unions.
- Workers’ representatives shall not be discriminated against and shall be allowed to carry out their representative functions in the workplace.
- Where freedom of association and collective bargaining are prohibited by law, the employer shall encourage, and not hinder, the development of other independent forms of free association and bargaining.
WORKING CONDITIONS ARE SAFE AND HYGIENIC
- A safe and hygienic working environment shall be provided, taking into account all information related to the respective field of work and the specific hazards to which workers are exposed. Adequate measures shall be taken to prevent accidents that may result from and during the work process, by minimising as far as possible the causes of their occurrence in the work environment.
- Workers shall receive regular occupational safety training and the dates of training shall be recorded. This training will be repeated for each new employee and for those who have changed jobs.
- Access to clean sanitary facilities and drinking water shall be provided and, if possible, food storage shall be provided in specially arranged places.
- Accommodation, if provided, shall be hygienic, safe and meet the basic needs of the workers.
- The company verifying compliance with the code will designate a person from the management team who will be responsible for the health and safety of employees.
- CHILDREN ARE PROHIBITED FROM WORKING
- Children shall not be employed.
- Companies shall develop or contribute to the development of programs to ensure that employed minors continue their education until they reach the age of majority.
- Children and young persons shall not work at night or in hazardous conditions. These policies and procedures shall be in accordance with the provisions of the relevant standards of
International Labour Organization.
- DECENT WAGES ARE PAID
- Wages and benefits paid for the normal working week shall, as a minimum, meet national legal standards or, if higher, industry standards. In any case, wages should always cover basic needs and an additional amount.
- All workers shall be given clear written information about the terms and conditions of employment in terms of pay prior to employment and the details of the composition of pay for each period for which they are paid.
No deduction from pay as a disciplinary measure will be allowed and no other kind of deduction will be allowed from wages other than those permitted by national law and with the express consent of the employee.
All disciplinary measures will be recorded.
- WORKING TIME WILL NOT BE EXCESSIVE
- Working hours will be in accordance with national laws or industry standards (that which provides the greatest protection).
- In any of the above cases, the worker will not be required to work more than 48 hours per week and will be given at least one day off per week. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be worked on a regular basis and shall be paid in addition.
- DISCRIMINATORY PRACTICES ARE PROHIBITED
- There will be no discrimination in employment, compensation, access to training, promotion, layoff or retirement based on race, national origin, religion, age, disability, gender, family status, sexual orientation, union or political activity.
8 LEGAL EMPLOYMENT WITH RESPECT FOR RIGHTS
Employment relationships should be established on the basis of national laws and regulations.
Legal obligations for social and health protection to contract employees cannot be circumvented by the use of subcontractors or home working, or during probationary periods. qualification; individual employment contracts shall not have provisions below the legal limit.
- BRUTAL OR INHUMAN TREATMENT IS NOT ALLOWED
- Physical abuse, threats of physical, verbal, sexual or any other form of harassment or intimidation are absolutely prohibited.
The provisions of this code are minimum standards, not maximum standards, and this code will not be used to prevent companies from reaching these standards. Companies implementing the provisions of this basic code must at the same time comply with all laws in force in their country. Where this code and the provisions of the laws refer to the same subject, those provisions which give the worker greater protection will be respected.
- ANNEX A: MAIN INTERNATIONAL STANDARDS
Responsibility for setting international standards is vested by the international community in the International Labour Organisation (ILO), which was founded for this very purpose. The tripartite structure of this organisation, which is made up of representatives of employers and workers as well as governments, together with the technical expertise of this organisation, makes the ILO the competent and legal source of international standards relating to working conditions in general.
ILO standards are laid down in Conventions, having the force of international law, valid for the States that have validated them. These standards are also contained in the so-called “Recommendations”, which are an object of consultation for governments.
These Conventions and related Recommendations include:
ILO Conventions 29 and 105 & Recommendation 35 (Forced and Bonded Labour) ILO Convention 87 (Freedom of Association)
ILO Convention 98 (Right to Organise and Collective Bargaining)
ILO Conventions 100 and 111 & Recommendations 90 and 111 (Equal pay for equal work for men and women; Discriminatory practices in employment and occupation)
ILO Convention 138 & Recommendation 146 (Minimum Age) Other ILO standards relevant to ETI work include:
ILO Convention 135 & Recommendation 143 (Workers’ Representatives Convention) ILO Convention 155 & Recommendation 164 (Health and Safety Inspection)
ILO Convention 159 & Recommendation 168 (Vocational Employment and Rehabilitation/ Disabled Persons)
ILO Convention 177 & Recommendation 184 (Home work)
- ANNEX B: Definitions
Child: Any person under 15 years of age, or the minimum age limit set by local law for employment or completion of compulsory education, in which case the higher limit applies. If the minimum age limit set by local law is 14 years, according to the exceptions of developing countries and stipulated in ILO Convention 138, the lower limit will apply.
Young person: Any employee between the age limit defined above (for children) and 18 years.
Work performed by children: Any work performed by a child or young person under the age defined above which does not fall within the provisions of the relevant ILO standards, and any work in hazardous conditions or which affects the completion of studies, or which may affect the health or physical, mental, spiritual, moral or social development of a child or young person.
