Our Supplier Code of Conduct Reformation

LYMI, Inc. dba Refo rmation (hereinafter “Reformation”) is

committed to conducting business in an ethical and legal

manner that protects the environment. As a Participating

Company of the Fair Labor Association (FLA), our Code of

Conduct references th e FLA Workplace Code of Conduct

which is based on International Labor Organization (ILO)

standards and internationally accepted good labor practices.

All of our suppliers are expected to adhere to our Workplace

Code of Conduct. Requirements in our Code of Conduct apply

to the entire supply chain, including sub-suppliers and

subcontractors. Standards comprised in our Code of Conduct

equally apply to permanent, temporary, and agency workers,

as well as piece-rate, salaried, hourly, part-time, night

workers, homeworkers, young workers and migrant workers.

EMPLOYMENT RELATIONSHIP: Employers shall adopt and

adhere to rules and conditions of employment that respect

workers and, at a minimum, safeguard their rights under

national and international labor and social security laws and

regulations.

NONDISCRIMINATION: No person shall be subject to any

discrimination in employment, including hiring,

compensation, advancement, discipline, termination or

retirement, on the basis of gender, race, religion, age,

disability, sexual orientation, nationality, political opinion,

social group or ethnic origin.

HARASSMENT OR ABUSE: Every employee shall be treated

with respect and dignity. No employee shall be subject to any

physical, sexual, psychological or verbal harassment or abuse.

FORCED LABOR: There shall be no use of forced labor,

including prison labor, indentured labor, bonded labor or

other forms of forced labor.

CHILD LABOR: No person shall be employed under the age of

15 or under the age for completion of compulsory education,

whichever is higher.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING:

Employers shall recognize and respect the right of employees

to freedom of association and collective bargaining.

HEALTH, SAFETY, AND ENVIRONMENT: Employers shall

provide a safe and healthy workplace setting to prevent

accidents and injury to health arising out of, linked with, or

occurring in the course of work or as a result of the operation

of employers’ facilities. Employers shall adopt responsible

measures to mitigate negative impacts that the workplace has

on the environment.

HOURS OF WORK: Employers shall not require workers to

work more than the regular and overtime hours allowed by

the law of the country where the workers are employed. The

regular work week shall not exceed 48 hours. Employers shall

allow workers at least 24 consecutive hours of rest in every

seven-day period. All overtime work shall be consensual.

Employers shall not request overtime on a regular basis and

shall compensate all overtime work at a premium rate. Other

than in exceptional circumstances, the sum of regular and

overtime hours in a week shall not exceed 60 hours.

COMPENSATION: Every worker has a right to compensation

for a regular work week that is sufficient to meet the worker’s

basic needs and provide some discretionary income.

Employers shall pay at least the minimum wage or the

appropriate prevailing wage, whichever is higher, comply with

all legal requirements on wages, and provide any benefits

required by law or contract. Where compensation does not

meet workers’ basic needs and provide some discretionary

income, each employer shall work with the FLA to take

appropriate actions that seek to progressively realize a level

of compensation that does.

Implementation of our Code of Conduct

Reformation requires our suppliers to communicate our Code

of Conduct to all employees, including full-time, part-time,

permanent, and temporary employees.

Suppliers are required to:

• Post our Code of Conduct, labor standards, and grievance

procedures in a conspicuous place, frequented by all

employees, in the local language(s) spoken and understood by

employees, supervisors and managers. Various translations of

the Code of Conduct can be found here .

• Conduct annual, documented training efforts to educate

current and new employees about labor standards and

grievance mechanisms.

Contact us

Reformation would like to know If any of our suppliers are

violating any of these codes. Please email us at

COC@thereformation.us in your local language. All

information we receive will be kept in strict confidence and

your identity protected.

Code of Conduct Compliance Benchmarks

I. EMPLOYMENT RELATIONSHIP (ER)

WORKPLACE CODE PROVISION: Employers shall adopt and adhere to rules and conditions of employment that respect workers and, at a

minimum, safeguard their rights under national and international labor and social security laws and regulations.

ER.1 Employment Management Systems / Human Resources

ER.1.1 Employers shall have in place written policies and practices

and maintain proper and accurate records governing all aspects of

employment from recruitment, hiring and probation, including

written terms and conditions of employment, job descriptions,

administration of compensation, and working hours for all positions,

through to retrenchment and termination processes.

ER.1.2 Employers shall assign responsibility for the administration of

human resources to a clearly defined and adequately qualified staff

member or staff members and ensure workers at all levels receive

communication and training about existing policies and procedures

or any revisions.

ER.1.3 Employers should implement an annual review process with

input from workers of all policies, procedures and their

implementation to ensure they meet legal requirements and the FLA

Workplace Code.

ER.2 Employment Management Systems / Special Categories of

Workers

Employers shall ensure that all legally mandated requirements for

the protection or management of special categories of workers,

including migrant, juvenile, contract/contingent/temporary,

probationary workers, home workers, and pregnant or disabled

workers, are implemented. Where local laws and FLA standards

differ, the employer is expected to follow the highest applicable

standard

ER.3 Employment Management Systems / New Employee

Orientation

ER.3.1 Employers shall provide an orientation to new employees at

the time of hiring, which includes explanations of the employers’

rules, compensation package and policies for human resources,

grievance systems, industrial relations, including respect of the right

to freedom of association, workers’ rights and responsibilities, FLA

Code of Conduct, health and safety, and environmental protection.

ER.3.2 Training should be updated on a regular basis, and in

particular, when any policies and procedures are revised.

ER.3.3 Workers should be provided with written documentation that

substantiates all the issues covered in orientation briefings.

ER.4 Employment Management Systems / Communication

Employers shall inform workers about workplace rules,

environmental protection systems, health and safety information,

and laws regarding workers’ rights with respect to freedom of

association, compensation, working hours, and any other legally

required information, and the FLA Code through appropriate means,

including posted in local language(s) throughout the workplace’s

common areas.

ER.5 Employment Management Systems / Supervisor Training

ER.5.1 Employers shall ensure that all supervisors are trained in

national laws, workplace regulations, and the FLA Code, workplace

grievance systems, and the appropriate practices to ensure

compliance.

ER.5.2 Employers shall inform supervisors that they should not use

any form of harassment or abuse to maintain labor discipline.

ER.5.3 Trainings should be updated on a regular basis.

ER.6 Employment Management Systems / Skills Development

Training

ER.6.1 Employers shall have written policies and procedures and

implement practices that encourage ongoing training of all

categories of workers with the goal of raising or broadening skills in

order to advance in their careers within the workplace or beyond.

ER.6.2 The policies and procedures should include how workers will

be informed of training opportunities, eligibility requirements for

participation, if the training will be compulsory or voluntary, if it will

take place during or after working hours, and if the training time will

be compensated.

ER.7 Employment Management Systems /Performance Reviews

ER.7.1 Employers shall have written policies and procedures with

regard to performance reviews that outline the review steps and

process, demonstrate linkages to job grading, prohibit

discrimination, are provided in writing and seek feedback and

agreement/disagreement from employees in writing, and that follow

all local legal requirements.

ER.7.2 The performance review process should be communicated to

the workforce and reviewed regularly.

ER.8 Employment Management Systems/Promotion, Demotion

and Job Reassignment

Employers shall have written policies and procedures with regard to

promotion, demotion, and job reassignment that outline the criteria,

demonstrate linkages to job grading, and prohibit discrimination or

use of demotion or job reassignment as a form of penalty or

punishment, are provided in writing and seek feedback from

employees in writing, and follow all local legal requirements

ER.9 Recruitment and Hiring / Contract, Contingent or Temporary

Workers

ER.9.1 Employers shall hire contract/contingent/temporary workers

only if such hiring is consistent with the national law of the country

of production.

ER.9.2 Employers shall have in place written policies and procedures

regulating the recruitment and hiring of contract/ contingent/

temporary workers.

ER.9.3 Contract/contingent/temporary workers shall only be hired if

one of the following conditions is met:

ER.9.3.1 the permanent workforce of the enterprise is not sufficient

to meet unexpected or unusually large volume of orders;

ER.9.3.2 exceptional circumstances * may result in great financial loss

to the supplier if delivery of goods cannot be met on time;

ER.9.3.3 work that needs to be done and is outside the professional

expertise of the permanent workforce.

ER.10 Recruitment and Hiring / Invalid Use of Contract, Contingent

or Temporary Workers

ER.10.1 Employers shall not hire contract/ contingent/ temporary

workers as a means to support continuing business needs on a

long-term basis.

ER.10.2 Employers shall not renew contracts for multiple successive

short terms in lieu of providing regular employment.

ER.11 Recruitment and Hiring / Terms for Contract, Contingent,

Migrant or Temporary Workers

Employers must ensure the following minimum terms and conditions

are met in the employment of contract/ contingent/ migrant

/temporary workers:

R.11.1 The enterprise must define the job functions or tasks that

contract/contingent/migrant/temporary workers are hired to

perform and maintains information on the use of contract/

contingent/ migrant/ temporary workers in relation to production

needs;

ER.11.2 Contract/contingent/migrant/temporary workers shall be

provided an employment agreement in their native language setting

out the employment terms and conditions. For migrant workers, a

copy of their employment contract in their native language shall be

provided prior to departure from their country of origin;

ER.11.3 Workplace rules and regulations apply to

contract/contingent/migrant/temporary workers the same as for

permanent workers;

ER.11.4 National laws governing contract/ contingent/ migrant/

temporary workers shall be observed.

ER.11.1.5 Personnel files and all relevant employment information

for contract/ contingent/ migrant/ temporary workers shall be

maintained and accessible at the workplace site at all times;

ER.11.1.6 Contract/ contingent/ migrant/ temporary workers who

are hired on more than one occasion for seasonal production and

specialization shall sign a separate contract for each new hire event.

The workplace must retain all relevant information in each worker’s

personnel file; and

ER.11.1.7 Contract/ contingent/ migrant/ temporary workers shall be

given priority when the enterprise is seeking ‘new’ permanent

employees.

ER.12 Recruitment and Hiring / Transition to Permanent Employee

For any contract/contingent/temporary worker who becomes a

permanent employee, seniority and other benefits eligibility must be

dated from the first date as a contract/contingent/temporary worker

and not from the first day of permanent employment.

ER.13 Recruitment and Hiring / Apprenticeships and Vocational

Training

ER.13.1 Employers shall comply with all regulations and

requirements of apprentice or vocational education programs, and

shall be able to document to monitors that these are legally

recognized programs. Informal arrangements of any kind are not

acceptable.

ER.13.2 Apprentice and vocational training programs shall be

reserved exclusively for workers who lack necessary training or

experience and therefore cannot yet be hired as regular workers.

ER.13.3 Apprentice and vocational training programs shall be subject

to workplace conditions as set by the FLA Workplace Code and

national laws and regulations.

ER.14 Recruitment and Hiring / Employers Agreement with

Employment Agencies

ER.14.1 Employers shall use standard contract language with

employment agencies or intermediaries that specifically imparts

power to employers to directly pay wages to migrant/ contract/

contingent/ temporary workers and ensures equality of

compensation and workplace standards as set under the FLA

Workplace Code and national laws and regulations.

ER.14.2 Employers shall use standard contract language with

employment agencies or intermediaries that specifically prohibits

practices that restrict any worker’s freedom of movement or ability

to terminate their employment.

ER.15 Termination and Retrenchment / Termination Payouts

ER.15.1 Employers shall have in place a procedure for determining

termination payouts, including methods for correct assessment of

payouts for all modes of termination/retrenchment, taking into

account national legal requirements.

ER.15.2 Employers shall establish channels for workers to

confidentially express any concerns or problems they may be

experiencing around legally owed payment during a retrenchment

process.

ER.15.3 Employers shall not demand that workers sign any

declaration of good health, waivers or releases of other rights as a

condition of receiving severance pay or other legal benefits * from the

company, and shall not threaten to withhold benefits if workers do

not sign.

ER.15.4 Upon termination, severance shall be based upon the

worker’s current salary and seniority as calculated from the initial

date of hire.

ER.15.4.1 Where employers provide advance termination payouts as

allowed by law, these amounts may be subtracted from the final

severance payment but must be included as itemized deductions in

the final severance calculation.

ER.15.5 Where employers provide annual indemnization, original

contracts should remain without being terminated.

ER.16 Termination and Retrenchment / Policies and Procedures

ER.16.1 Employers shall maintain proper and accurate records in

relation to termination and retrenchment.

ER.16.2 When employers are faced with major changes in

production, program, organization, structure, or technology and

those changes are likely to result in temporary or permanent layoffs,

employers shall communicate any alternatives to retrenchment that

have been considered and consult any workers’ representatives as

early as possible with a view to averting or minimizing layoffs.

ER.16.3 Where temporary or permanent layoffs are unavoidable, a

plan should be developed and implemented that mitigates the

adverse effects of such changes on workers and their communities.

ER.16.4 The plan should be clearly communicated and posted, and

include feedback channels for workers to ask questions and provide

feedback.

ER.16.5 Employers shall give retrenched workers opportunity to

transfer to other owned facilities in the country at a comparable

wage and make all efforts to facilitate re-employment in other

enterprises in the country.

ER.17 Grievance System / Worker-Management Communication

ER.17.1 Employers shall have a clear and transparent system of

worker and management communication that enables workers to

consult with and provide input to management. This might include

suggestion boxes, worker committees, designated spaces for worker

meetings, union representatives, and meetings between

management and workers’ representatives.

ER.17.2 There shall be a mechanism that allows workers to report

harassment and grievances confidentially, including any concerns or

problems they may be experiencing around legally owed payments

during a retrenchment process.

ER.17.3 Employers shall have in place written procedures that allow

a direct settlement of the grievance by the worker and the

immediate supervisor. Where this is inappropriate or has failed,

there should be additional options for senior management review

and consideration, depending on the nature of the grievance and the

structure and size of the enterprise.

ER.17.4 Employers shall ensure that the grievance procedures and

applicable rules are known to workers, and that workers are fully

trained on their use.

ER.17.5 Employers shall have in place procedures to track the

number, types, and timing and resolution of grievances, and to

communicate the resolution of grievances to the workforce.

ER.17.6 Employers shall have a system in place to prevent retaliation

against or discrimination towards workers who are filing grievances,

including grievances regarding harassment, abuse, violations of

factory procedures, compensation * , or unsafe working conditions.

ER.18 Work Conduct and Discipline / General Principles

ER.18.1 Employers shall have written disciplinary rules, procedures

and practices that embody a system of progressive discipline (e.g. a

system of maintaining discipline through the application of

escalating disciplinary action moving from verbal warnings to written

warnings to suspension and finally to termination).

ER.18.1.1 The disciplinary system shall be applied in a fair and

nondiscriminatory manner and include a management review of the

actions by someone senior to the manager who imposed the

disciplinary action.

ER.18.1.2 Employers shall maintain written records of all disciplinary

actions taken.

ER.18.2 Employers shall ensure managers and supervisors are fully

familiar with the workplace disciplinary system and in applying

appropriate disciplinary practices.

ER.18.3 Workplace Rules and policies, and disciplinary procedures

and practices shall be clearly communicated to all workers in the

language(s) spoken by workers. Any exceptions to this system (e.g.

immediate termination for gross misconduct, such as theft or

assault) shall also be in writing and clearly communicated to

workers.

ER.18.3.1 Workers must be informed in writing when a disciplinary

procedure has been initiated against them.

ER.18.3.2 Workers have the right to participate and be heard in any

disciplinary procedure against them.

ER.18.3.3 Workers must sign all written records of disciplinary action

against them.

ER.18.3.4 Records of disciplinary action must be maintained in the

worker’s personnel file.

ER.18.4 The disciplinary system shall include a third-party witness

during imposition, and an appeal process.

ER.18.5 Employers shall inform workers that any form of harassment

or abuse in the workplace shall be subject to disciplinary measures.

ER.18.6 The workplace shall commit to non-retaliation for all steps of

the disciplinary process, including for a worker requesting a witness

and filing an appeal of disciplinary action.

ER.19 General Compliance / Documentation and Inspection

ER.19.1 Employers shall maintain on file all documentation needed

to demonstrate compliance with the FLA Workplace Code and

required laws.

ER.19.1.1 Employers shall make these documents available to

third-party assessors commissioned by the FLA and shall submit to

inspections without prior notice.

ER.19.2 All notices that are legally required to be posted in the

workplace work areas shall be posted by employers.

II. NON-DISCRIMINATION (ND)

WORKPLACE CODE PROVISION : No person shall be subject to any discrimination in employment, including hiring, compensation,

advancement, discipline, termination or retirement, on the basis of gender, race, religion, age, disability, sexual orientation, nationality,

political opinion, social group or ethnic origin.

ND.1 General Compliance Nondiscrimination

ND1.1 Employers, employment agencies, and intermediaries shall

comply with all national laws, regulations and procedures

concerning non-discrimination. Where local laws and FLA standards

differ, the employer, employment agency, and intermediary is

expected to follow the highest applicable standard.

ND.1.2 If not provided by law, employers must provide protection to

workers who allege discrimination in any form, including recruitment

and employment practices, compensation, marital, or health status.

ND.2 Employment Decisions

ND.2.1 All employment decisions shall be made solely on the basis of

a person’s qualifications, in terms of education, training, experience,

demonstrated skills and/or abilities, as they relate to the inherent

requirements of a particular job.

ND.2.2 Employment decisions shall not be made on the basis of

gender, race, religion, age, sexual orientation, nationality, political

opinion, social group, ethnic origin, marital status, or union

affiliation or sympathy.

ND.3 Job Advertisements, Job Descriptions and Evaluation Policies

Recruitment and employment policies and practices, including job

advertisements, job descriptions, application and interview

questions and job performance/evaluation policies and practices

shall be free from any type of discriminatory bias.

ND.4 Disclosure of Personal Information

Employers may not request the disclosure of any personal, non-job

related information during the application, recruitment, or hiring

process, including but not limited to gender, race, religion, disability,

sexual orientation, nationality, political opinion, social group, ethnic

origin, or marital status.

ND.5 Compensation Discrimination

There shall be no differences in compensation for workers for work

of equal value on the basis of gender, race, religion, age, disability,

sexual orientation, nationality, political opinion, social group or

ethnic origin.

ND.6 Marital, Partnership, or Family Discrimination

ND.6.1 Employers shall not discriminate on the basis of marital,

partnership, or family status.

ND.6.2 Employers shall not threaten workers with dismissal or any

other employment decision that negatively affects their employment

status in order to prevent them from changing their marital,

partnership, or family status (including getting married or becoming

pregnant.)

ND.6.3 Employers shall not, on the basis of a worker's marital,

partnership, or family status (including pregnancy), make any

employment decisions that negatively affect employment status,

including decisions concerning dismissal, demotion, loss of seniority,

or deduction of wages.

ND.7 Pregnancy Testing

ND.7.1 Employers shall not require pregnancy testing of workers,

except as required by national law.

ND.7.1.1 Employers shall not under any circumstances use

pregnancy tests or the use of contraception in their hiring or

employment decisions, even in cases where pregnancy tests are

required by national law.

ND.8 Protection and Accommodation of Pregnant Workers and

New Mothers

ND.8.1 Employers shall abide by all protective provisions in national

laws and regulations benefitting pregnant workers and new mothers,

including provisions concerning maternity leave and other benefits;

prohibitions regarding night work, temporary reassignments away

from work stations and work environments that may pose a risk to

the health of pregnant women and their unborn children or new

mothers and their newborn children, temporary adjustment of

working hours during and after pregnancy, and the provision of

breast-feeding breaks and facilities.

ND.8.1.1 Where such legal protective provisions are lacking,

employers shall take all necessary measures to ensure the safety and

health of pregnant women and their unborn children.

ND.8.1.2 Where legal protective provisions are lacking, employers

shall, at minimum provide paid leave for regular pre-natal and

post-natal doctor visits as well as breast-feeding breaks.

ND.9 Health-Related Discrimination

Employers shall not, on the basis of a person’s health status, make

any employment decisions that negatively affect the person’s

employment status, including decisions concerning recruitment,

termination, promotion, or assignment of work, unless such decision

is dictated by the inherent requirements of the job or a medical

necessity to protect the worker and/or other workers.

ND.10 Medical Examination

Employers are allowed to require routine medical examination to

assess general fitness as a condition for recruitment or continued

employment but shall not include testing for any disease or illness,

such as HIV/AIDS, that does not have an immediate effect on a

person’s fitness and is not contagious.

ND.11 Confidentiality of Health Status

Employers shall respect the confidentiality of workers’ health status

and not undertake any action that could lead to a breach of said

confidentiality, including screening, whether by direct or indirect

testing (for instance, by making an assessment of risk behavior), or

asking questions about previously taken tests or medications.

ND.12 Reasonable Accommodation for Health Reasons

Employers shall take measures to reasonably accommodate workers

with chronic illnesses, including HIV/AIDS-related illnesses, which

could include rearrangement of working time, the provision of

special equipment, opportunities for rest breaks, time-off for

medical appointments, flexible sick leave, part-time work and

return-to-work arrangements.

ND.13 Reasonable Accommodation, Modifications, and

Adjustments

ND.13.1 Employers shall make all reasonable modifications and

adjustments to accommodate specific religious, ethnic, gender, and

disability-based needs of all workers within the workplace as well as

within any employer- provided facilities such as dormitories or

transportation.

ND.13.2 Workers shall not be required to reimburse the factory for

the cost of these accommodations.

ND.14 Dress Codes and Uniforms

ND.14.1 Employers shall not impose any discriminatory restrictions

on the dress or appearance of workers.

ND.14.2 In cases where the workplace requires uniforms or other

specific clothing, accommodations shall be made for religious

practice or disability.

ND.14.3 In cases where a workplace dress code is in place, the dress

code shall not discriminate against or set different standards for

ethnic or cultural groups.

ND.15 Spoken Languages

ND.15.1 Employers shall not require specific languages to be spoken

in the work environment, nor shall they prohibit the use of any

languages among workers.

ND.15.2 Employers shall make every reasonable effort to

communicate to workers in their native language.

III. HARASSMENT OR ABUSE (H/A)

WORKPLACE CODE PROVISION : Every employee shall be treated with respect and dignity. No employee shall be subject to any physical, sexual,

psychological or verbal harassment or abuse.

H/A.1 General Compliance Harassment or Abuse

H/A.1.1 Employers shall comply with all national laws, regulations

and procedures concerning discipline, violence, harassment and

abuse, including that which is gender-based.

H/A.1.2 If not provided under law, employers must provide

protection to workers who allege harassment or abuse violations.

H/A.1.3 If not provided under law, employers must provide

protection to workers who are victims of domestic violence.

H /A.2 Discipline / Monetary Fines and Penalties

Employers shall not use monetary fines and penalties as a means to

maintain labor discipline, including for poor performance, for broken

or lost tools/machinery, or for violating company rules, regulations,

and policies.

H/A.3 Discipline / Access to Facilities

Access to food, water, toilets, medical care or health clinics or other

basic necessities shall not be used as either reward or as a means to

maintain labor discipline.

H/A.4 Discipline / Physical Abuse

Employers shall not use any form of – or threat of – physical

violence, including slaps, pushes or other forms of physical contact

as a means to maintain labor discipline.

H/A.5 Discipline / Verbal Abuse

Employers shall not use any form of verbal violence, including

screaming, yelling, or the use of threatening, demeaning, or insulting

language, as a means to maintain labor discipline.

H/A.6 Discipline / Psychological Abuse

Employers shall not use any form – or threat – of psychological

abuse, such as forcing workers to sign letters of self-criticism or

posting names of workers subject to disciplinary measures as a

means to maintain labor discipline.

H/A.7 Discipline / Freedom of Movement

Employers shall not restrain the freedom of movement of workers,

including movement in canteens, during breaks, using toilets,

accessing water, or accessing necessary medical attention, as a

means to maintain labor discipline.

H/A.8 Elimination of Violence, Harassment and Abuse in the

Workplace

H/A.8.1 Employers shall ensure that the workplace and all workplace

facilities (such as employer provided transportation or dormitories)

are free from any type of violence, harassment or abuse, be it

physical, sexual, psychological, verbal, or otherwise.

H/A.8.2 Employers, in consultation with worker/union

representatives, shall assess specific hazards and risks of harassment

and abuse in the workplace, including gender-based violence. This

includes risks arising from working conditions, work arrangements

(such as night shifts or other schedules,) work organization, and

third parties such as recruitment agencies, contractors, or any other

intermediaries.

H/A.8.3 Employers shall develop, implement and monitor policy and

procedures for eliminating the risk of violence, harassment, and

abuse in the workplace. Policies and procedures shall include a clear

statement that violence, harassment, and abuse will not be

tolerated, procedures for the investigation of allegations, and

measures to protect any complainants, victims, and witnesses.

H/A.8.4 Employers shall take all necessary precautions to eliminate

any action (by the employer, between or among employees, or by

third-parties who are retained by the employer or whose work is

connected with the workplace) that would result in gender-based

violence and/or harassment, regardless of whether such actions

occur in or outside of the workplace and/or working hours.

H/A.9 Sexual Harassment

H/A.9.1 Employers shall refrain from:

H/A.9.1.1 any act of sexual harassment, including inappropriate

remark, insult, joke, insinuation, and comment on a person's dress,

physique, age, family situation, etc.;

H/A.9.1.2 a condescending or paternalistic attitude with sexual

implications undermining dignity;

H/A.9.1.3 any unwelcome invitation or request, implicit or explicit,

whether or not accompanied by threats;

H/A.9.1.4 any lascivious look or other gesture associated with

sexuality; and

H/A.9.1.5 any unnecessary physical contact such as touching,

caresses, pinching or assault.

H/A.9.2 Employers shall not offer, or take any action that may

suggest an offer of,

recruitment, continued employment, promotion, improved working

conditions, preferential work assignments or other preferential

treatment in exchange for a sexual relationship.

H/A.9.3 Employers shall not subject workers to prejudicial treatment

of any kind in retaliation for refused sexual advances or corrected

inappropriate behavior.

H/A.10 Security Practices and Body Searches

H/A/10.1 All security practices shall be gender appropriate and

nonintrusive, so that the dignity of workers concerned is protected

when a search is undertaken.

H/A.10.1.1 Searching of bags and other personal items to prevent

theft is acceptable.

H/A.10.1.2 Body searches and physical pat downs shall only be

undertaken when there is a specific, legitimate reason to do so and

upon consent of workers, unless a state official with the power to do

so (e.g. police officer) has ordered the search.

H/A.10.1.3 Body searches shall not be undertaken in public and the

person who undertakes the search shall be of the same sex as the

person who is being searched.

H/A.11 Punishment of Abusive Workers, Supervisors, or Managers

Employers shall have a system to discipline supervisors, managers or

workers who engage in any physical, sexual, psychological or verbal

violence, harassment or abuse, through measures such as

compulsory counseling, warnings, demotions, and terminations or a

combination thereof regardless of whether such action was intended

as a means to maintain labor discipline with a view to preventing the

reoccurrence of violence and harassment, and facilitating their

reintegration into work, where appropriate.

IV. FORCED LABOR (F)

WORKPLACE CODE PROVISION: There shall be no use of forced labor, including prison labor, indentured labor, bonded labor or other forms of

forced labor.

F.1 General Compliance Forced Labor

F.1.1 Employers, employment agencies, and intermediaries shall

comply with all national laws, regulations and procedures

concerning the prohibition of forced labor and human trafficking.

F.1.2 If not provided by law, employers must provide protection to

workers who allege violations of forced labor.

F.2 Freedom in Employment

F.2.1 All workers shall have the right to enter into and to terminate

their employment freely.

F.2.2 Employment terms shall be those to which the worker has

voluntarily agreed, in as far as those terms do not fall below:

F.2.2.1 provisions of national laws;

F.2.2.2 freely negotiated and valid collective bargaining agreements;

or

F.2.2.3 the FLA Workplace Code.

F.2.3 There can be no employment terms which allow employers,

employment agencies, or intermediaries:

F.2.3.1 to hold wages already earned; or

F.2.3.2 use earned back wages as penalties; and

F.2.3.3 in any way punishes workers for terminating employment.

F.3 Debt / Bonded Labor

F.3.1 Employers, employment agencies, or intermediaries shall not

bind workers to employment as a condition of fulfilling terms of a

debt.

F.3.2 Employers, employment agencies, or intermediaries may

provide loans directly to workers only if they are a component of a

larger loan program (e.g. housing or education loans) available to all

workers.

F.3.2.1 Lending and savings programs provided to workers by

employers, employment agencies, or intermediaries must comply

with all national laws and regulations for such programs.

F.3.3 The continuance of loans may not be dependent on continued

employment at the workplace, and no penalties may be assessed on

the loan for workers ending employment at the workplace.

F.3.4 Interest may not exceed the cost of administering the loan

program and any tax liabilities incurred by the program, and

according to legal limits.

F.4 Freedom of Movement

F.4.1 If workplace entrances are locked or guarded to prevent

nonemployee access to the premises for security reasons, workers

shall have free egress at all times,

F.4.2 No terms imposed by the employer or any employment

agencies or intermediaries shall confine or restrict employees’

freedom of movement or free transit

F.5 Employer Controlled Residence

Employers shall not require , or influence, workers to live in

employer-owned or -controlled residences as a condition of

recruitment, continued employment or to receive the same terms of

employment and working conditions as other workers in the same

position.

F.6 Freedom of Movement in Employer Controlled Residence

The freedom of movement of workers who live in employer-owned

or -controlled residences shall not be unreasonably restricted.

F.7 Threat of Penalty

F.7.1 Employers shall not utilize, nor shall they use employment

agencies or intermediaries that utilize, practices that restrict any

worker’s freedom of movement, ability to terminate their

employment, or that create a threat of penalty. Examples of such

practices include, but are not limited to:

F.7.1.1 (the threat of) physical or mental coercion;

F.7.1.2 requiring deposits;

F.7.1.3 imposing financial penalties;

F.7.1.4 requiring workers to pay recruitment and/or employment

fees*;

F.7.1.5 providing precarious employment * ;

F.7.1.6 using false information to recruit workers

F.8 Forced Overtime

The imposition of overtime where workers are unable to leave the

work premises constitutes forced labor.

F.9 Personal Identification and Other Documents

Workers shall retain possession and control of their passports,

identity papers, travel documents, work permits, and other personal

legal documents.

F.10 Storage for Employee Documents

F.10.1 Employers shall provide at employee request secure storage

for employee’s documents such as passports, identity papers, travel

documents, and other personal legal documents. Such storage shall

be freely accessible to workers at all times.

F.10.2 Employers shall not withhold any such documents or restrict

workers’ access to them for any reason, including ensuring that

workers shall remain in employment in the workplace.

F.11 Employment Fees

Fees and other costs associated with the employment of workers,

including migrant/contingent/contract/temporary workers, shall be

the sole responsibility of the employer.

F.12 Free Disposal of Wages

F.12.1 Employers may not limit in any manner the freedom of

workers to dispose of their wages.

F.12.2 Workers must be free from any coercion to make use of

enterprise or employer-operated stores.

V. CHILD LABOR (CL)

WORKPLACE CODE PROVISION: No person shall be employed under the age of 15 or under the age for completion of compulsory education,

whichever is higher.

CL.1 General Compliance Child Labor

Employers shall comply with all national laws, regulations and

procedures concerning the prohibition of child labor.

CL.2 Child Labor

Employers shall not employ anyone under the age of 15 or under the

age for completion of compulsory education, whichever is higher.

CL.3 Government Permits and Parental Consent Documentation

Employers shall abide by all relevant rules and procedures where the

law requires government permits or permission from parents as a

condition of employment, and shall keep documentation on-site for

inspection at all times.

CL.4 Employment of Young Workers

Employers shall comply with all relevant laws that apply to young

workers (e.g. those between the minimum working age and the age

of 18), including regulations related to hiring, working conditions,

types of work, hours of work, proof of age documentation, and

overtime.

CL.5 Hazardous Work for Young Workers

No person under the age of 18 shall undertake hazardous work, i.e.

work which, by its nature or the circumstances in which it is carried

out, is likely to harm the health or safety or morals of persons under

the age of 18.

CL.6 Young Workers Identification System

Employers shall have a system for identifying workstations and

operations that are inappropriate for young workers according to

applicable laws.

CL.7 Apprenticeships and Vocational Training / Minimum Working

Age

Apprentices or vocational students shall not be under the age of 15

or under the age for completion of compulsory education, whichever

is higher.

CL.8 Proof of Age Documentation

CL.8.1 Employers shall collect and maintain all documentation

necessary to confirm and verify date of birth of all workers, such as

birth certificates.

CL.8.1.1 Employers shall take reasonable measures to ensure such

documentation is complete and accurate.

CL.8.1.2 In those cases where proof of age documentation is not

readily available or unreliable, employers shall take all necessary

precautions which can reasonably be expected of them to ensure

that all workers are at least the minimum working age, including

requesting and maintaining medical or religious records of workers,

or through other means considered reliable in the local context.

VI. FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING (FOA)

WORKPLACE CODE PROVISION: Employers shall recognize and respect the right of employees to freedom of association and collective

bargaining.

FOA.1 General Compliance Freedom of Association

FOA.1.1 Employers shall comply with all national laws, regulations

and procedures concerning freedom of association and collective

bargaining. national laws, rules, and procedures protecting the rights

of workers to organize and bargain collectively. Where local laws and

FLA standards differ, the employer is expected to follow the highest

applicable standard.

FOA.1.2 If not provided by law, employers must provide protection

to workers who allege violations of freedom of association.

FOA.2 Right to Freely Associate

Workers, without distinction whatsoever, shall have the right to

establish and to join organizations of their own choosing, subject

only to the rules of the organization concerned, without previous

authorization. The right to freedom of association begins at the time

that workers seeks employment and continues through the course of

employment, including eventual termination of employment, and is

applicable as well to unemployed and retired workers.

FOA.3 Alternative Means of Association

When the right to freedom of association and collective bargaining is

restricted under law, employers shall not obstruct legal alternative

means of worker association.

FOA.4 Anti-Union Violence, Harassment or Abuse

FOA.4.1 Employers shall not use any form of physical or

psychological violence, threats, intimidation, retaliation, harassment

or abuse against union representatives and workers seeking to form,

in the process of forming, or who have joined an organization of

their own choosing.

FOA.4.1.1 Such practices shall not be used against workers'

organizations or workers participating or intending to participate in

formal or informal organizing activities, including strikes.

FOA.5 Anti-Union Discrimination / Dismissal, Other Loss of Rights,

and Blocklisting

FOA.5.1 Employers shall not engage in any acts of anti-union

discrimination or retaliation, i.e. shall not make any employment

decisions which negatively affect workers based wholly or in part on

a workers’ union membership or participation in union activity,

including the formation of a union, previous employment in a

unionized facility, participation in collective bargaining efforts or

participation in a legal strike.

FOA.5.1.1 Employers shall not use blocklists to restrict freedom of

association, for instance blocklists based on union membership or

participation in union activity.

FOA.6 Restoration of Workers Rights / Worker Reinstatement

Workers who have been unjustly dismissed, demoted or otherwise

suffered a loss of rights and privileges at work due to an act of union

discrimination shall, subject to national laws, be entitled to

restoration of all the rights and privileges lost, including

reinstatement and retroactive payment of wages, if they so desire.

FOA.7 Protection of Union Representatives

Employers shall comply with all relevant provisions where national

laws provide special protection to workers or worker representatives

engaged in a particular union activity (such as union formation) or to

worker representatives with a particular status (such as founding

union members or current union office holders).

FOA.8 Production Shift/Workplace Closure

FOA.8.1 Employers shall not (threaten to) shift production or close a

workplace site in an attempt to prevent the formation of a union, in

reaction to the formation of a union, in reaction to any other

legitimate exercise of the right to freedom of association and

collective bargaining, including the right to strike, or in an effort to

break up a union.

FOA.8.2 If a workplace is closing and there is a dispute that the

closure was done to prevent or hamper the legitimate exercise of

the right to freedom of association, employers shall provide proof

that can be assessed by a third party to determine the validity of the

reasons given for closure.

FOA.9 Severance Pay

Employers shall not offer or use severance pay in any form or under

any other name as a means of contravening the right to freedom of

association, including attempts to prevent or restrict union

formation or union activity, including strikes.

FOA.10 Employer Interference

Employers shall refrain from any acts of interference with the

formation or operation of workers’ organizations, including acts,

which are designed to establish or promote the domination,

financing or control of workers’ organizations by employers.

FOA.11 Employer Interference / Constitution, Elections,

Administration, Activities & Programs

FOA.11.1Employers shall not interfere with the right of workers to:

FOA.11.1.1 Draw up their constitutions and rules;

FOA.11.1.2 Elect their representatives; or

FAO.11.1.3 Organize their administration and activities.

FOA.12 Employer Interference / Registration

Employers shall not attempt to influence or interfere in any way, to

the detriment of workers’ organizations, with government

registration decisions, procedures and requirements regarding the

formation of workers’ organizations.

FOA.13 Employer Interference / Favoritism

FOA.13.1 Employers shall not interfere with the right to freedom of

association by favoring one workers’ organization over another.

FOA.13.1.1 In cases where a single union represents workers,

employers shall not attempt to influence or interfere in any way in

workers’ ability to form other organizations that represent workers.

FOA.14 Employer Interference / Police and Military Forces

Employers shall not in any way threaten the use of or use the

presence of police or military, to prevent, disrupt or break up any

activities that constitute an exercise of the right to freedom of

association, including union meetings, assemblies and strikes.

FOA.15 Facilities for Worker Representatives

Worker representatives shall have the facilities necessary for the

proper exercise of their functions, including access to workplaces

and office space where required by law.

FOA.16 Right to Collective Bargaining / Good Faith

FOA.16.1 Employers shall recognize the rights of workers to free and

voluntary collective bargaining with a view to the regulation of terms

and conditions of employment by collective agreements.

FOA.16.2 Employers and worker representatives shall bargain in

good faith, i.e. engage in genuine and constructive negotiations and

make every effort to reach an agreement.

FOA.17 Right to Collective Bargaining / Exclusive Bargaining &

Other Recognized Unions

Employers shall bargain with any union that has been recognized by

law or by agreement between the employer and that union,

provided such agreement does not contravene national law, as a, or

the exclusive, bargaining agent for some or all of its workers.

FOA.18 Right to Collective Bargaining / Unorganized Workers

Employers can only engage in collective bargaining with

representatives of unorganized workers when no workers’

organization exists.

FOA.19 Right to Collective Bargaining / Compliance with Collective

Bargaining Agreement

FOA.19.1 Employers, unions and workers shall honor in good faith,

for the term of the agreement, the terms of any collective bargaining

agreement they have agreed to and signed.

FOA.19.2 Worker representatives and workers shall be able to raise

issues regarding compliance with a collective bargaining agreement

by employers without retaliation or any negative effect on their

employment status.

FOA.19.3 Where a union exists in the workplace, employers shall

make available a copy of the collective bargaining agreement to all

workers and other interested parties.

FOA.20 Right to Collective Bargaining / Validity of Collective

Bargaining Agreement

FOA.20.1 Collective bargaining agreements that have not been

negotiated freely, voluntarily and in good faith shall be considered

not applicable.

FOA.20.2 Provisions in collective bargaining agreements that

contradict national laws, rules and procedures or offer less

protection to workers than provisions of the FLA Workplace Code

shall also be considered not applicable.

FOA.21 Rights of Minority Unions and their Members

Unions not recognized as a bargaining agent of some or all of the

workers in a facility shall

have the means for defending the occupational interests of their

members, including making representations on their behalf and

representing them in cases of individual grievances and disciplinary

actions, within limits established by applicable law.

FOA.22 Right to Strike / Sanction for Organizing or Participating in

Legitimate Strikes

Employers shall not impose any sanction on workers organizing or

having participated in a strike in accordance with ILO standards and

jurisprudence.

FOA.23 Right to Strike / Replacement Workers

Employers shall not hire replacement workers in order to prevent or

break up a strike that is in accordance with ILO standards and

jurisprudence, or to avoid negotiating in good faith.

VII. HEALTH, SAFETY, AND ENVIRONMENT (HSE)

WORKPLACE CODE PROVISION: Employers shall provide a safe and healthy workplace setting to prevent accidents and injury to health arising

out of, linked with, or occurring in the course of work or as a result of the operation of employers’ facilities. Employers shall adopt responsible

measures to mitigate negative impacts that the workplace has on the environment.

HSE.1 General Compliance Health, Safety, and Environment

Employers shall comply with all national laws, regulations and

procedures concerning health and safety, and the environment.

HSE.2 Document Maintenance / Workers Accessibility and

Awareness

All documents required to be available to workers and management

by applicable laws (e.g. health and safety policies, MSDS,

environmental emergency procedures) shall be made available in the

prescribed manner and in the local language and language spoken by

the workers, if different from the local language.

HSE.3 Notification and Record Maintenance

HSE.3.1 Employers shall notify the relevant national and/or local

authorities of all illnesses and accidents and environmental

emergencies as required by applicable laws.

HSE.3.2 All illness, safety, accident, and emergency reports shall be

maintained on site for at least one year, or longer if required by law.

HSE.4 Permits and Certificates

HSE.4.1 Employers shall at all times be in possession of all legally

required and valid permits and certificates related to health, safety,

and environmental issues, such as:

HSE.4.1.1 Purchase and storage of chemicals;

HSE.4.1.2 Fire safety inspections;

HSE.4.1.3 Machinery inspections;

HSE.4.1.4 Waste disposal;

HSE.4.1.5 Environmental licenses/permits;

HSE 4.1.6 Sanitation permits, including those required for canteens;

and

HSE 4.1.7 Vehicle inspection and driver permits for all employer

provided transportation.

HSE.5 Evacuation Requirements

HSE.5.1 All applicable, legally required or recommended elements of

safe evacuation shall be complied with, including all of the following

elements:

HSE.5.1.1 posting evacuation plans;

HSE.5.1.2 installation and maintenance of fire alarms;

HSE.5.1.3 Installation and maintenance of emergency lighting;

HSE.5.1.4 ensuring aisles/exits are not blocked and that workers are

not blocked within their workstations;

HSE.5.1.5 employee education and training; and

HSE.5.1.6 evacuation procedures and fire drills.

HSE.5.2 Workers shall be trained in evacuation procedures.

HSE.5.3 Alarm systems shall be regularly tested and evacuation drills

shall be undertaken at least annually.

HSE.5.4 The emergency evacuation procedure (EEP) includes

procedures for notifying local community authorities in case of

accidental discharge or release of chemical/waste products or any

other environmental emergency.

HSE.6 Safety Equipment and First Aid Training

HSE.6.1 All safety and medical equipment (e.g. fire-fighting

equipment, first aid kits) shall be available in sufficient numbers

throughout the workplace, maintained and stocked as prescribed,

and easily accessible to workers.

HSE.6.2 A sufficient number of workers shall be trained in first aid

and firefighting techniques. Training shall be upon hire and with

periodic refresher training.

HSE.7 Personal Protective Equipment

Workers shall be provided at no cost with all the appropriate and

necessary personal protective equipment (e.g. gloves, eye

protection, hearing protection, respiratory protection) to effectively

prevent unsafe exposure (e.g. inhalation or contact with solvent

vapors, noise, dust) to health and safety hazards, including medical

waste.

HSE.8 Use of Personal Protective Equipment

Workers shall be provided with training on the use and maintenance

of personal protective equipment. Training shall be upon hire with

periodic refresher training offered to all workers. Management will

ensure use of PPE as necessary.

HSE.9 Chemical Management and Training

HSE.9.1 All chemicals and hazardous substances shall be properly

labeled and stored in secure and ventilated areas and disposed of in

a safe and legal manner, in accordance with applicable laws and

international standards.

HSE.9.1.1 Labels shall be placed in the local language and the

language spoken by workers, if different from the local language.

HSE.9.2 Workers shall receive training, appropriate to their job

responsibilities, concerning the hazards, risks and the safe use of

chemicals and other hazardous substances.

HSE.10 Material Safety Data Sheets/Workers Access and Awareness

HSE.10.1 Material Safety Data Sheets (MSDS) for all chemicals and

hazardous substances used in the workplace must be available at the

usage and storage sites of the chemicals and hazardous substances,

in the local language and the language spoken by workers, if

different from the local language.

HSE.10.2 Workers shall have free access to MSDS.

HSE.11 Chemical Management / Pregnant Women and Young

Workers

To prevent unsafe exposure to hazardous chemicals and hazardous

substances, appropriate accommodations shall be made for

pregnant women and workers under the age of 18, as required by

applicable laws or the provisions of the FLA Workplace Code, in a

manner that does not unreasonably disadvantage workers.

HSE.12 Protection Reproductive Health

Employers shall ensure that women are not engaged in work that

constitutes a substantial risk to their reproductive health.

HSE.13 Ventilation/Electrical/Facility Installation and Maintenance

All necessary ventilation, plumbing, electrical, noise and lighting

services shall be installed and maintained to conform to applicable

laws and to prevent or minimize hazardous conditions to workers in

the facility.

HSE.14 Machinery Safety, Maintenance and Workers Training

HSE.14.1 All production machinery, equipment and tools shall be

properly guarded and regularly maintained.

HSE.14.2 Workers shall receive training in the proper use and safe

operation of machinery, equipment and tools they use.

HSE.14.3 Employers shall ensure safety instructions are either

displayed or posted near all machinery or are readily accessible to

the workers in language(s) spoken by workers.

HSE.15 Proper Use of Machinery

Employers shall not use negative incentives like monetary penalty

schemes to ensure workers use machinery, equipment and tools

safely and properly. Rather, training on risk awareness, proper

machine use, as well as positive incentives like bonuses should be

used.

HSE.16 Workers Refusal to Use Unguarded or Unsafe Machinery

Workers shall not suffer any negative consequences for refusing to

work with machinery, equipment or tools that are not properly

guarded or reasonably considered unsafe.

HSE.17 Ergonomics

HSE.17.1 Workstations, including seating and standing arrangements

and reach required to obtain tools, shall be designed and set-up in

such a manner as to minimize bodily strains.

HSE.17.2 Employers shall train workers in proper lifting techniques,

and items such as lifting belts shall be provided.

HSE.18 Medical Facilities

HSE.18.1 Medical facilities shall be established and maintained in

factories as required by applicable laws.

HSE.18.2 Medical staff shall be fully licensed and recognized under

applicable national rules and regulations.

HSE.18.2.1 An appropriate number of medical staff shall be on duty

during all working hours, including any type of overtime, as required

under national law.

HSE.18.3 An appropriate stock of medical supplies shall be

maintained at all times.

HSE.18.3.1 Medicines of which the expiration date has passed must

be replaced immediately and disposed of in a safe manner.

HSE.19 Sanitation in Workplace Facilities

All facilities including workplace buildings, toilets, canteens,

kitchens, and clinics, shall be kept clean and safe and be in

compliance with all applicable laws, including relevant sanitation,

medical, and safety and health regulations.

HSE.20 Toilets

Employers shall establish the number of toilets required under

applicable laws within reasonable distance of the workplace. In

addition, the following should also be considered: number of toilets

based on number of workers, privacy for each individual and gender,

accessibility and hygiene.

HSE.21 Toilets/Restrictions

Employers shall not place any undue restrictions on toilet use in

terms of time and frequency.

HSE.22 Food Preparation

HSE.22.1 All food made available to workers shall be prepared,

stored, and served in a safe and sanitary manner in accordance with

all applicable laws and international standards.

HSE.22.2 All workers handling food must be trained and/or certified

to work in the facility preparing or serving food.

HSE.23 Drinking Water

HSE.23.1 Safe and clean drinking water shall be freely available at all

times, within reasonable distance of the workplace.

HSE.23.1.1 Drinking water shall be of a reasonable temperature.

HSE.23.1.2 The means to drink water (e.g. cups) must be safe and

sanitary and available in an appropriate number.

HSE.24 Drinking Water/Restrictions

Employers shall not place any undue restrictions on drinking water in

terms of time and frequency.

HSE.25 Dormitory Facilities

HSE.25.1 Dormitory facilities, including those provided by

employment agencies or intermediaries associated with the

employer, shall meet all applicable laws and regulations related to

health, safety, and environment, including fire safety, sanitation, risk

protection and electrical, mechanical, and structural safety.

HSE.25.1.1 All dormitories shall be kept secure, clean, and have

safety provisions (e.g. fire extinguishers, first aid kits, unobstructed

emergency exits, emergency lighting).

HSE.25.1.2 Emergency evacuation drills shall also be conducted at

least semi-annually.

HSE.26 Dormitories Separate from Production Facilities

All dormitory facilities must be structurally sound, in good repair,

and located separately from production, warehouse and hazardous

chemical storage areas.

HSE.27 Childcare Facilities/Children on Premises

HSE.27.1 Childcare facilities shall not physically overlap with

production areas and children shall not have access to production

areas.

HSE.27.2 Children under the minimum working age shall not be

allowed in workplace areas at any time, unless they are part of a

guided school tour or other such unusual event.

HSE.27.3 All childcare workers must be fully trained and licensed to

provide the level of care necessary at the factory. Where local legal

requirements are missing, childcare workers must have at least some

vocational training for childcare.

HSE.27.4 Childcare facility hours must match the working hours of

the factory shift schedule, following any regulations provided by

local law.

HSE.28 External Contractors

Employers shall create a system to ensure that all necessary Health

and Safety protections are provided for external contractors;

including protection when working within confined spaces,

maintenance issues, and general Health and Safety Issues.

HSE.29 High-Risk Areas

Employers shall provide all necessary protection for workers when

working at heights, confined spaces, and other high-risk areas.

HSE.30 Health, Safety & Environmental Management System,

Policies & Procedures

HSE.30.1 Employers shall develop, maintain, and regularly review

health, safety, and environmental policies to ensure that they

comply with all national laws, regulations and the FLA Workplace

Code concerning health, safety, and environmental standards,

regulations and procedures.

HSE.30.2 The health, safety, and environmental policies shall contain

the framework for a comprehensive health, safety, and

environmental management system including a HS&E risk

assessment within which the following are clear and regularly tested

and reviewed:

HSE.30.2.1 employers’ responsibilities;

HSE.30.2.2 workers’ rights and duties;

HSE.30.2.3 responsibilities of designated personnel;

HSE.30.2.4 procedures that enable workers to raise health, safety,

and environmental concerns;

HSE.30.2.5 procedures for reporting death, injury, illness and other

health and safety issues (for instance, near-miss accidents) and

environmental emergencies;

HSE.30.2.6 protections to workers who allege health, safety, and

environmental violations;

HSE.30.2.7 conducting root cause analysis on workplace accidents

and taking proactive action to prevent future accidents.

HSE.30.3 Environmental policies shall include procedures to

minimize environmental impacts with respect to energy, air

emissions, water, waste, hazardous materials, and other significant

environmental risks.

VIII. HOURS OF WORK (HOW)

WORKPLACE CODE PROVISIONS: Employers shall not require workers to work more than the regular and overtime hours allowed by the law of

the country where the workers are employed. The regular work week shall not exceed 48 hours. Employers shall allow workers at least 24

consecutive hours of rest in every seven-day period. All overtime work shall be

consensual.

Employers shall not request overtime on a regular basis and shall compensate all overtime work at a premium rate. Other than in exceptional

circumstances * , the sum of regular and overtime hours in a week shall not exceed 60 hours.

HOW.1 General Compliance Hours of Work

HOW.1.1 Employers shall comply with all national laws, regulations

and procedures concerning hours of work, public holidays and leave.

HOW.1.2 If not provided by law, employers must provide protection

to workers who allege violations of laws governing work hours.

HOW.2 Rest Day

Workers shall be entitled to at least 24 consecutive hours of rest in

every seven- day period. If workers must work on a rest day, an

alternative consecutive 24 hours must be provided within that same

seven-day period or immediately following.

HOW.3 Meal and Rest Breaks

Employers shall provide reasonable meal and rest breaks, which, at a

minimum, must comply with national laws.

HOW.4 Protected Workers (Women and Young Workers) /

Regulations on Hours of Work

Workplace shall comply with all applicable laws governing work

hours regulating or limiting the nature, frequency and volume of

work performed by women or workers under the age of 18.

HOW.5 Protected Workers (Women and Young Workers) / Record

Keeping

Employers shall maintain necessary records identifying all women

workers and all workers under the age of 18 entitled to legal

protection concerning work hours.

HOW.6 Maintenance of Reasonable Levels of Staff

Employers' personnel practices shall demonstrate an effort to

maintain a level of staffing that is reasonable in view of predictable

or continuing fluctuations in business demand.

HOW.7 Overtime Calculation over Period Longer than One Week

Employers are allowed to calculate regular hours of work as an

average over a period of longer than one week, where national laws,

regulations and procedures provide for such a possibility, but only

when all formal and procedural requirements attached to such

calculation (for instance, obtaining official permission from the

relevant authorities or limits to the period during which such

calculations can be made) are met. However, the basis for such

calculation shall not exceed 48 hours per week.

HOW.8 Forced Overtime

HOW.8.1 Employers shall not require or permit workers to work

more than the overtime hours allowed by the law of the country

where the workers are employed.

HOW.8.2 All overtime work shall be consensual, and employers shall

enact a voluntary overtime system, including for overtime utilized in

exceptional circumstances * .

HOW.9 Explanation for Overtime in Exceptional Circumstances

HOW.9.1 Employers shall be able to provide explanation for all

periods when the exceptional circumstances exception has been

used.

HOW.9.2 Employers shall take reasonable steps to inform workers

about the nature and expected duration of the circumstances

sufficiently in advance to allow workers to make alternative plans.

HOW.10 Public Holidays

HOW.10.1 Employers shall provide workers with all official public

holidays as required under national laws, regulations and

procedures.

HOW.10.2 If not prohibited by local law, any replacement of official

holidays with alternative days off must be voluntary and agreed

upon in writing by the worker in advance.

HOW10.3 When using replacement holidays, all legal and FLA

requirements regarding overtime and hours of work apply.

HOW.11 Annual Leave

HOW.11.1 Employers shall provide workers with paid annual leave as

required under national laws, regulations and procedures.

HOW.11.2 Even where national laws allow employers to pay extra

compensation in lieu of paid annual leave, employers shall ensure

that this option is not utilized.

HOW.12 Annual Leave Determination

HOW.12.1 Employers shall not impose any undue restrictions on

workers’ use of annual leave.

HOW.12.2 The time at which annual leave is taken is determined by

employers in consultation with workers, taking into account work

requirements and the opportunities for rest and relaxation available

to workers.

HOW.13 Annual Leave Procedures

HOW.13.1 Any workplace procedures regulating the timing of annual

leave (e.g., requiring a minimum period of service before being

allowed to use annual leave, written requests to be submitted a

certain time before the annual leave) must be in line with national

laws, regulations and procedures.

HOW13.2 Workplace procedures regulating the timing of annual

leave must be communicated in full to all workers.

HOW.14 Annual Leave Wage Payments

Employers shall provide workers taking annual leave their normal or

average wages for the full period of annual leave in advance, unless

specified differently under national laws, regulations and

procedures.

HOW.15 Retaliation for Taking Leave

Employers shall not impose any sanction on workers for requesting

or taking any type of leave, such as annual, sick, or maternity, in line

with all applicable rules and procedures.

HOW.16 Sick Leave

Employers shall provide workers with sick leave as required under

national laws, regulations and procedures.

HOW.17 Sick Leave Restrictions

Employers shall not impose any undue restrictions on sick leave. Any

workplace procedures regulating sick leave (e.g. informing the

employer as soon as possible, the provision of medical certificates,)

must be in line with national laws, regulations and procedures and

must be communicated in full to all workers.

HOW.18 Calculation of Absences

Absences from work for reasons beyond the control of workers, such

as sick leave or periods during which workplace operations are

suspended, shall not be counted as annual leave nor shall they be

deducted from calculations concerning length of service, unless

specified differently under national laws, regulations and

procedures.

HOW.19 Suspension of Work

HOW.19.1 Employers can only suspend work in accordance with

national laws, regulations and procedures.

HOW.19.2 Workers shall be paid in full during periods of suspension,

unless national laws stipulate otherwise, workers and their

representative organizations agree otherwise, or the relevant

national authorities authorize the alternative arrangement.

HOW.19.3 Conditions of suspension should be communicated in full

to all workers.

HOW.20 Excessive Hours Reduction

Employers shall have in place practices that conduct regular analysis

of hours of work in their workplaces and procedures that

demonstrate a commitment to progressively reducing excessive

hours of work.

HOW.21 Overtime Hours

Other than in exceptional circumstances, the total weekly work

hours (regular work hours plus overtime including any alternative

shifts such as 4x4 or 3x3) shall not exceed 60 hours per week.

HOW.22 Time Recording System

HOW.22.1 Employers shall have in place policies for managing all

working hour, overtime, and leave records in normal and exceptional

circumstances.

HOW.22.2 Accurate time records shall be maintained by employers,

including overtime, breaks, and leave.

HOW.22.3 Time worked by all workers, regardless of wage system,

shall be fully documented by timecards or other mechanical or

electronic recording systems.

HOW.22.4 Employers shall not maintain multiple time-keeping

systems and/or records.

HOW.22.5 Time records maintained shall be authentic and accurate.

HOW.22.6 If not provided by law, employers must provide protection

to workers who allege existence of multiple time-keeping systems or

falsification of work time records.

IX. COMPENSATION (C)

WORKPLACE CODE PROVISIONS: Every worker has a right to compensation for a regular work week that is sufficient to meet the worker’s

basic needs * and provide some discretionary income * . Employers shall pay at least the minimum wage or the appropriate prevailing wage,

whichever is higher, comply with all legal requirements on wages, and provide any benefits required by law or contract. Where compensation

does not meet workers’ basic needs and provide some discretionary income, each employer shall work with the FLA to take appropriate

actions that seek to progressively realize a level of compensation that does.

C.1 General Compliance Compensation

C.1.1 Employers shall comply with all national laws, regulations and

procedures concerning the payment of compensation to workers.

C.1.2 In any case where differences or conflicts in national law and

FLA Workplace Code arise, employers are expected to apply the

highest standard.

C.1.3 In any case where national laws, regulations and procedures do

not address the payment of compensation to workers, employers

shall follow all standards in the FLA Workplace Code that apply to

administration and payment of compensation and shall provide an

employment contract that includes stipulation of compensation

payment to workers.

C.2 Minimum Wage

Employers shall pay workers at least the legal minimum wage or the

prevailing industry wage, whichever is higher, for regular working

hours (not including overtime). Workers should also be informed

about the legal minimum wage.

C.3 Wage & Benefits / Probationary Status

C.3.1Where probationary employment is legally allowed, workers

shall:

C.3.1.1 Receive at least the minimum wage for regular workers or

the prevailing industry wage for regular workers, whichever is

higher;

C.3.1.2 Receive all legally mandated benefits;

C.3.1.3 No workers shall work more than three months in this

employment category.

C.4 Wage & Benefits / Apprenticeship or Vocational Training

C.4.1 For the time-period during which they receive training,

apprentices and vocational trainees shall:

C.4.1.1 receive at least the minimum wage for regular workers or the

prevailing industry wage for regular workers, whichever is higher;

and

C.4.1.2 Receive all legal mandated benefits.

C.4.1.3 If local law allows for a lower minimum wage for

apprentices/trainees, this lower minimum wage may only be applied

for the first 30 days, if that time is dedicated primarily

to training and not to production or other essential tasks.

C.5 Wage & Benefits / Contract, Contingent or Temporary Workers

C.5.1 Contract/contingent/migrant/temporary workers shall:

C.5.1.1 Receive at least the minimum wage for regular workers or

the prevailing industry wage for regular workers, whichever is

higher;

C.5.1.2 Receive all legally mandated benefits; and

C.5.1.3 Receive at least the same compensation as regular workers

performing the same job functions or tasks with similar levels of

experience or seniority.

C.6 Timely and Direct Payment of Wages

All wages, including payment for overtime, shall be paid directly and

in full within legally defined time limits. When no time limits are

defined by law, compensation shall be paid at least once a month.

C.7 Accurate Calculation, Recording, and Payment of Wage

All payments to all workers, including hourly wages, piecework,

benefits and other incentives, shall be calculated, recorded, and paid

accurately.

C.8 Accurate Length of Service Calculation

All workers shall be credited with all-time worked for an employer

for purposes of calculating length of service and determine the

benefits to which workers are entitled.

C.9 Calculation Basis for Overtime Payments

C.9.1Employers shall compensate workers for all hours worked.

C.9.2 The factory shall comply with all applicable laws, regulations

and procedures governing the payment of premium rates for work

on holidays, rest days, and overtime.

C.9.3 Employees shall be compensated for overtime hours at such

premium rate as is legally required in the producing country.

C.9.3.1 In those countries where there is no legally established

overtime premium, employees shall be compensated for overtime

hours at the prevailing industry premium rate or at the

internationally recognized overtime rate * , whichever is higher.

C.10 Overtime Wage Awareness

Workers shall be informed, orally and in writing, in language(s)

spoken by workers about overtime wage rates prior to undertaking

overtime.

C.11 Nonpayment of Incentives

Regardless of any production quotas, incentives shall not be reduced

or not paid if the result shall be wages below the legal minimum

wage or the prevailing industry wage, whichever is higher.

C.12 Deposit of Legally Mandated Deductions

C.12.1 All legally mandated deductions for taxes, social insurance, or

other purposes shall be deposited each pay period in the legally

defined account or transmitted to the legally defined agency. This

includes any lawful garnishments for back taxes, etc.

C.12.2 Employers shall not hold over any of these funds from one

pay period to the other unless the law specifies that deposits are to

be made less frequently than pay periods (e.g. monthly deposits,

weekly pay).

C.12.3 If the law does not specify, then deposits shall be made

before the next pay period in all cases.

C.13 Voluntary Wage Deductions

C.13.1 Voluntary wage deductions, including for savings clubs, loan

payments, union membership dues, or any other union fees, can

only be made with the express and written consent of individual

workers unless (in the case of union dues and fees) specified

otherwise in freely negotiated and valid collective bargaining

agreements. In all cases, voluntary wage deductions must fall within

the limits and conditions specified by law.

C.13.2 Written consent for voluntary wage deductions shall be

documented in employee files.

C.13.3 All such voluntary deductions shall be credited to proper

accounts and employers shall not hold funds illegally or

inappropriately.

C.14 Voluntary Wage Deduction / Workers Access to Information

Workers shall have access to regular and full information concerning

the status of relevant accounts and the status and level of their

payments thereto.

C.15 Pay Statement

C.15.1 Employers shall provide workers a pay statement in languages

understood by workers each pay period and not less frequently than

once a month, which shall show:

C.15.1.1 earned wages,

C.15.1.2 wage calculations,

C.15.1.3 total number of hours worked,

C.15.1.4 regular and overtime pay,

C.15.1.5 bonuses,

C.15.1.6 all deductions, and

C.15.1.7 final total wage.

C.16 Compensation Receipt

C.16.1 All compensation records, including wages and benefits

whether in cash or in-kind, must be properly documented and their

receipt and accuracy must be confirmed by the relevant worker in

writing (e.g. signature, thumbprint).

C.16.2 No one can receive wages on behalf of a worker, unless the

worker concerned has, in full freedom, authorized in writing for

another person to do so.

C.17 Record Maintenance

Employers shall ensure that all legally required payroll documents,

journals and reports are available, complete, accurate and up-to

date.

C.18 False Payroll Records

C.18.1 Employers shall not use hidden or multiple payroll records in

order to hide overtime, to falsely demonstrate hourly wages, or for

any other fraudulent reason.

C.18.2 Payroll records maintained shall be authentic and accurate.

C.19 Workers Awareness and Understanding of Compensation

C.19.1 Employers shall make every reasonable effort to ensure

workers understand their compensation, including:

C.19.1.1 the calculation of wages,

C.19.1.2 incentives systems,

C.19.1.3 benefits, and

C.19.1.4 bonuses they are entitled to at the workplace and under

applicable laws.

C.19.1.5 Employers shall communicate orally and in writing to all

workers all relevant information in the local language or language

spoken by the workers, if different from the local language.

C.20 Employer Provided Benefits

C.20.1 All workers have a right to use or not to use services provided

by employers, such as housing or meals.

C.20.2 Deductions for services to workers shall not exceed the cost

of the service to employers.

C.20.3 Employers must be able to demonstrate the accuracy or

reasonableness of these charges.

C.21 Legally Mandated Benefits

C.21.1 Employers shall provide all legally mandated benefits,

including holidays, leave, bonuses, severance payments and 13 th

month payments to all eligible workers within legally defined time

periods.

C.21.2 All benefits shall be calculated correctly.

C.22 Compensation Disputes

Employers must establish a system through which workers can

dispute compensation and receive clarifications in this respect in a

timely manner.

C.23 Fair Compensation / Basic Needs

Where compensation for a regular workweek is not sufficient to

meet workers’ basic needs * and provide some discretionary income * ,

each employer shall work with the FLA to take appropriate actions

that seek to progressively realize a level of compensation that does.

C.24 Piece Rate/Minimum Wage

C.24.1 Employers shall not set production targets, piece rates or any

other incentive or production system at such a level that workers

need to work beyond regular working hours as set under the FLA

Workplace Code, excluding overtime, in order to make at least the

minimum wage or the prevailing industry wage, whichever is higher.

C.24.2 Employers shall not set production targets, piecework, or any

other incentive or production system at such a level that the

payment for overtime work performed is less than the premium pay

required by law or the FLA Workplace Code.

C.25 Wage Advances

C.25.1 Wage advances shall not exceed three months' pay or legal

limits, whichever is less.

C.25.2 Advances shall only be made following clearly established

rules which have been communicated to workers.

C.25.2.1 Advances must be properly documented and their receipt

and accuracy must be confirmed by the relevant worker in writing

(e.g. signature,thumbprint).

C.25.3 No interest may be charged for wage advance.