Fair
Trade Purchasing Policy for Apparel
at Trent University
"Trent
University recognizes the dignity and worth of every person and
aims to create a climate of understanding and respect".
--
Trent University Policy on Discrimination and Harassment, Preamble
Preamble:
The
purpose of this purchasing policy is to ensure that apparel manufactured
for Trent University is made under humane working conditions in compliance
with accepted international standards and local laws and to improve
working conditions and labour practices in the apparel industry worldwide.
This
policy applies to all apparel purchases made by Trent University Administrative
and Academic Departments, Trent Athletics and its affiliated sports
teams, the Trent Bookstore, the Trent food service provider, the Trent
Central Student Association and its affiliated groups, the Graduate
Students’ Association and independent vendors selling apparel
on the university campus.
The
International Labour Organization (ILO), of which Canada is a member,
has set forth internationally recognized conventions and recommendations
outlining minimum standards of basic labour rights and other standards
regulating working conditions. This code is based upon the conventions
and declarations of the ILO, including, without limitation, those listed
in Appendix A to this Code as well as the UN Universal Declaration
on Human Rights and the UN Convention on the Rights of the Child.
Companies
providing this apparel will require all suppliers, licensees and contractors
involved in the manufacture of products for Trent University to observe
the standards of this Code. Trent University intends to co-operate
with university, student and other organizations in monitoring working
conditions, collecting information and collectively negotiating with
suppliers and licensees to ensure the provisions of this code are enacted.
Effective implementation of this policy is a long-term process that
will take commitment on the part of students, apparel suppliers and
university staff and administrators.
This
code is not a substitute for union representation, and shall not be
used or promoted as an alternative to union recognition, collective
bargaining or a collective agreement. Furthermore, nothing in this
code is intended to pre-empt or override standards that are set by
a process of collective bargaining by independent unions and associations
of the workers’ choice.
Definitions:
The
term "code" means this document in its entirety.
The
term "supplier" shall include all persons or entities that
manufacture apparel sold or distributed by or on behalf of the University
and its affiliated groups (as noted above).
The
term "licensee" shall include all persons or entities that
have entered an agreement with the University to manufacture items
bearing the name, trademarks, and/or images of the University.
The
term "contractor" shall include each contractor, subcontractor,
vendor, or manufacturer that is engaged in a manufacturing process
that results in a finished product for the consumer.
The term "manufacturing process" shall include the assembly, packaging,
and decoration of apparel.
The
term "employer" shall include all persons or entities that
employ the workers sewing, assembling, packaging or decorating apparel
sold or distributed on behalf of Trent University.
The
term "homeworker" shall include all persons who are engaged
in the manufacturing process of apparel sold or distributed on behalf
of Trent University and work out of their own homes, using their own
equipment.
The
term "child" means any person less than 15, unless local
minimum age law stipulates a higher age for work or mandatory schooling,
or less than 14 if minimum age law is set in accordance with developing
country exceptions under the ILO Minimum Age Convention (Convention
138).
The
term "displaced child worker" means any child worker who
can be shown to have been regularly at work during the employers’ relationship
with the Licensee.
The
term "interested third party" means any individual or group
concerned with or affected by the labour conditions of workers at the
sites involved in the manufacturing process of apparel for Trent University.
Standards
Compliance
with Local Laws: Suppliers, Licensees and Contractors must comply,
at a minimum, with all applicable legal requirements of the country
in which products are manufactured. Where this Code and the applicable
laws of the country of manufacture differ, the standard that provides
the greater right, benefit or protection shall apply.
Living
Wages: Wages and benefits paid for a standard working week shall meet
at least legal or industry minimum standards of the applicable country
and always be sufficient to meet basic needs of workers and to provide
some discretionary income.1 Wages will be paid in a timely manner directly
to the employee in cash, cheque or the equivalent. All workers shall
be provided with written and understandable information about their
employment conditions with respect to wages before they enter employment
and of the particulars of their wages for the pay period concerned
each time that they are paid. Deductions from wages for disciplinary
measures shall not be permitted2 nor shall any deductions from wages
not provided for by national law be permitted without the expressed
permission of the worker concerned.
Hours
of Work: Hours of work shall comply with applicable laws and industry
standards in the applicable country. In any event, workers shall not
on a regular basis be required to work in excess of 48 hours per week
and shall be provided with at least one day off for every 7 day period.
Overtime work (more than 48 hours per week) shall be voluntary, shall
not exceed 12 hours per week, shall not be demanded on a regular basis
and shall always be compensated at a premium rate.
Child
Labour: No person shall be employed at an age younger than 15 (or 14,
where, consistent with International Labour Organization practices
for developing countries, the law of the country of manufacture allows
for such an exception). Where the age for completing compulsory education
is higher than the standard for the minimum age of employment stated
above, the higher age for completing compulsory education shall apply
to this section. Suppliers and Licensees agree to work in conjunction
with labour, governmental, human rights, and non-governmental organizations,
as determined by the University, Supplier or Licensee, and workers,
to minimize the negative impact on any child released from employment
as a result of the enforcement of the Code.3 Workers under the age
of 18 shall not be exposed to situations in the workplace that are
hazardous, unsafe, or unhealthy.
Forced
Labour: There shall be no use of forced labour, whether in the form
of involuntary prison labour, indentured labour, bonded labour or otherwise.
Workers shall not be required to lodge financial deposits or their
original identity papers with their employers and shall be free to
leave their employer after reasonable notice.
Safe
and Hygienic Working Conditions: At all times, the workplace shall
be kept clean, hygienic and safe, bearing in mind the prevailing knowledge
of the industry and of any specific hazards. Safe handling information
and training shall be provided regularly for relevant tasks, materials
and equipment. Workers shall have access to clean toilet facilities
and potable water. If appropriate, sanitary facilities for food storage
shall be provided. Where workers are handling hazardous materials,
safety showers shall be provided and accessible at all times in case
of an accident. Appropriate and sufficient first aid supplies shall
always be on site. Trained medical professionals shall be readily available
to administer first aid, deal with emergencies and treat workers’ occupational
health problems. Accommodation, where provided, shall be clean, safe,
and meet the basic needs of the workers.
Non-discrimination:
There shall be no discrimination in hiring, salary, benefits, performance
evaluation, discipline, promotion, dismissal, retirement or retirement
benefits on the basis of age, sex, pregnancy, maternity leave status,
marital status, race, nationality, country of origin, social or ethnic
origin, disability, sexual orientation, religion, political beliefs,
or union membership.4 Workers will be permitted to take maternity leave
and will be able to return to their former employment at least at the
same rate of pay and benefits.
Harassment
and Abuse: Physical, sexual or psychological abuse, or verbal harassment
or abuse, including the use of corporal punishment, shall not be tolerated.
No employee shall be subjected to the involuntary use of contraceptives
or pregnancy testing.
Freedom
of Association and the Right to Bargain Collectively: The right of
all workers to form and join trade unions of their own choosing and
to bargain collectively shall be recognised (as per ILO Conventions
87 and 98). Particular regard is to be given to Articles 2, 3, and
4 of Convention 87 as follows:
Article
2: Workers and employers, without distinction whatsoever, shall have
the right to establish and, subject only to the rules of the organization
concerned, to join organizations of their own choosing without previous
authorization.
Article 3: 1. Workers’ and employers’ organizations shall have
the right to draw up their constitutions and rules, to elect their representatives
in full freedom, to organize their administration and activities and to formulate
their programmes.
Article 4: Worker and employer organizations shall not be liable to be dissolved
or suspended by administrative authority.
Workers’ representatives
shall not be the subject of discrimination and shall have access to
all workplaces necessary to enable them to carry out their representation
functions (as per ILO Convention 135 and Recommendation 143). Particular
attention is to be given to Article 1 of Convention 135 as follows:
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.
Employers
shall not hinder or interfere with any attempts of the workers to organize
a trade union. Where the right to freedom of association and collective
bargaining is restricted under law, the employer will allow (in consultation,
as possible, with affiliates of the International Textile, Garment
and Leather Workers’ Federation 5), and will not hinder, the
development of parallel means for independent and free association
and bargaining.
Homeworkers:
Homeworkers shall be given reasonable quotas such that the volume can
be met in a regular work week and the piece rate or other form of remuneration
shall constitute a living wage. Homeworkers shall be allowed to join
and participate in workers’ support organizations of their own
choosing. The employer shall provide training in relevant matters of
occupational health and safety to homeworkers. The other provisions
of this code shall also apply to homeworkers. Employers shall keep
adequate records of their employees’ names, addresses, rate of
pay and number of hours worked each week in order to make this information
available for monitoring purposes.
Pricing
and Timelines: Suppliers and licensees shall ensure that prices negotiated
for work performed are sufficient to allow for compliance with this
code. In addition, the supplier or licensee shall ensure that realistic
production timelines are provided to Contractors and homeworkers to
comply with this Code.
Principles
of Implementation
Commitment:
All university apparel suppliers and licensees shall give the code
and its implementation an informed and explicit endorsement.
Awareness
Raising: Suppliers and licensees shall be responsible for ensuring
that contractors involved in the manufacture of the clothing for the
university and affiliated groups (as identified in this policy’s
preamble) are made aware of the code.
Workers
whose work is covered by the code shall be made aware of the code and
implementation principles or procedures orally and through the posting
of standards in a prominent place in the local languages spoken by
employees and managers.
Public
Disclosure: The company names, owners, and/or officers, addresses,
contact information and nature of the business association, including
the steps performed in the manufacturing process, of all the licensees’ contractors
and manufacturing plants which are involved in the manufacturing process
of apparel for the university shall be made publicly accessible (for
example, on an Internet database).
Monitoring
and Independent Verification: All university apparel licensees and
suppliers and their contractors shall accept the principle that the
implementation of this policy will be assessed through monitoring and
independent verification. They shall co-operate with ministry of labour
and other government-sanctioned investigations and audits of employer
compliance with local labour and other relevant legislation. Workers
and interested third parties shall be provided with a confidential
means to report failure to observe the Code and shall be otherwise
protected in this respect.
Reporting:
Each university supplier and licensee will submit annual compliance
reports to designated monitors and the university, which will include
the information discussed under the Public Disclosure clause and a
summary of the steps taken, and/or difficulties encountered, during
the preceding year in implementing and enforcing the Code at each site.
Contents of the compliance reports shall be considered public information
(by posting it on the Internet and providing hardcopies upon request).
Remediation
Procedure: Trent University commits to working with other Canadian
universities and monitoring bodies to: negotiate and implement agreed
schedules for corrective actions with suppliers, licensees or contractors
failing to observe the terms of the Code, i.e. a continuous improvement
approach, and where serious breaches of the Code persist, to terminate
any business relationship with the supplier, licensee or contractor
concerned. When abusive conditions at a production worksite are exposed
to public view, the supplier, licensee or contractor must endeavour
to correct conditions and not to ‘cut and run’ from that
site. Likewise, suppliers, licensees and all contractors shall not
shift orders from a production worksite solely in response to successful
worker organization and collective bargaining.
Endnotes
1.
In defining wages that meet basic needs, factors that should be taken
into account include the average number of dependents and the average
number of wage earners per family in the sector in each country, local "market
basket" surveys of the cost of goods and services needed by an
average family, as well as data from local governments, labour and
human rights organizations, and UN agencies.
2.
This clause does not apply to a formal legal and legitimate process
of discipline without pay for reasons such as proof of theft of materials.
Illegitimate reasons for deductions or suspension, such as not meeting
a quota on time, taking ‘too many’ bathroom breaks or participating
in a union drive, shall not be permitted.
3.
The process of minimizing the negative impact on child workers means
adequate transitional economic assistance and appropriate educational
opportunities shall be provided to any displaced child workers. Adequate
transitional economic assistance consists of a stipend to enable such
children to attend and remain in school until no longer a child. Wherever
possible, it is expected that the employer shall endeavour to hire
an adult from the child’s household at an income level which
complies with the Living Wage provision in this Code.
4. "Retirement" in
this context does not mean that a worker must be retained past the
local legal age of retirement.
5.
The International Textile, Garment and Leather Workers’ Federation
is an International Trade Secretariat bringing together 217 affiliated
organisations in 110 countries, with a combined membership of over
10 million workers.
Appendix
A
International
Labour Organization Conventions and Declarations Of Particular Relevance
The
International Labour Organization (ILO), of which Canada is a member,
has set forth internationally recognized conventions and recommendations
outlining minimum standards of basic labour rights and other standards
regulating working conditions. This code is based upon the conventions
and declarations of the ILO, including, without limitation, those listed
below.
Convention
29 and Recommendation 35 on Forced Labour, 1929
Convention 87 on Freedom of Association and Protection of the Right to Organize,
1948
Convention 95 on Protection of Wages, 1949
Convention 98 on the Right to Organize and Collective Bargaining, 1949
Convention 100 on Equal Remuneration, 1951
Convention105 on the Abolition of Forced Labour, 1957
Convention 111 on Discrimination (Employment and Occupation), 1958
Convention 117 on Social Policy (Basic Aims and Standards), 1962
Convention 122 on Employment Policy, 1964
Convention130 on Medical Care and Sickness Benefits, 1969
Convention 131 on Minimum Wage Fixing, 1970
Convention 135 and Recommendation 143 on Workers’ Representatives,
1971
Convention 138 and Recommendation 146 on Minimum Age, 1973
Convention 148 on Working Environment (Air Pollution, Noise and Vibration),
1977
Convention 155 and Recommendation 164 on Occupational Health and Safety,
1981
Convention 159 on Vocational Rehabilitation and Employment of Disabled Persons,
1983
Convention 174 on Prevention of Major Industrial Accidents, 1993
Convention 177 on Home Work, 1996
Convention 182 and Recommendation 190 on the Prohibition and Immediate
Elimination of the Worst Forms of Child Labour, 1999
Convention 183 on Maternity Protection
Tripartite Declaration of Principles Concerning Multinational Enterprises
and Social Policy, 1977
Declaration on Fundamental Principles and Rights at Work, 1998
