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CONSULTATION DRAFT

(Note: deadline for comments has now passed)

in association with
Just Pensions: Socially Responsible Pensions and International Development
Released:  
November, 2002

Assessing Company approaches to Labour Standards

LABOUR STANDARDS FOR INVESTORS 

Dan Rees, ETI
Duncan Green, Just Pensions
 

Contents

  1. Establishing Credible Policies on Labour Standards
  2. Management Responsibility and Partnerships
  3. Management Systems
  4. Implementation Strategy
  5. Results to Date
  6. Longer Term Strategy
 

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Event report:
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Introduction

The Ethical Trading Initiative

The Ethical Trading Initiative (ETI) is a UK body which brings together businesses, trade unions and non governmental organisations (NGO) with the aim of improving working conditions in supply chains of member companies. It has the support of, and is partly funded by the Department for International Development. The employment standards adopted by ETI members are international standards that come from the Conventions and Recommendations of the International Labour Organisation. For further information please see the rest of this website.

Just Pensions

Just Pensions is a thinktank and lobby group promoting Socially Responsible Investment, with a particular focus on international development issues. For further information, explore the rest of the Just Pensions website, or contact info@justpensions.org.

Background

ETI is often contacted by fund managers seeking to improve investee company performance on labour standards in their supply chains. Many companies sound good on paper, and it is not always easy to distinguish genuine commitment from corporate spin. This paper offers some suggestions for the kind of questions that can help fund managers get to the heart of a company's approach. It covers how a company establishes credible policies, but just as important, goes on to look at implementation and management systems. We intend this paper to be the basis of discussion with fund managers and may produce further versions based on feedback, once fund managers start to use the document in their discussions with companies.

 

ISSUE

WHAT SHOULD YOU BE LOOKING FOR
AT COMPANY LEVEL?

1. ESTABLISHING CREDIBLE POLICIES ON LABOUR STANDARDS

1.1 What international standards provide the basis for company policy? Is the company's policy based on the relevant ILO conventions and recommendations? If not, which issues are missing? The core conventions are covered by the ETI base code - see back cover. There is a full list of the relevant Conventions and Recommendations on the ETI website (follow the link and see Appendix A)
 
What does a company do if it finds child labour in its supply chains?
ADDITIONAL OR SPECIFIC ISSUES TO LOOK FOR AT GROUP LEVEL
Faced with the risks posed by media exposes of poor working conditions, many high street retailers and big brand names have adopted codes of conduct setting out the minimum labour standards they expect in their supply chain. However, such codes vary widely in quality and effectiveness.

 

ISSUE

WHAT SHOULD YOU BE LOOKING FOR
AT COMPANY LEVEL?

2. MANAGEMENT RESPONSIBILITY AND PARTNERSHIPS

2.1 Who is formally responsible for monitoring, communicating the code through the supply chain and training relevant staff? A clear management structure, where labour standards are an integral part of the business. If responsibility lies with marketing, PR or press, that may be a sign that this is more about spin than substance. Crucially, how does social performance of suppliers inform commercial decision-making and how is this managed and communicated?
ADDITIONAL OR SPECIFIC ISSUES TO LOOK FOR AT GROUP LEVEL
If there is a group level labour standards/compliance department - how does it relate to the individual brands or businesses within the group to i) ensure compliance with Group policy on labour standards and ii) to share information/ expertise/training.
2.2 What resources are devoted to implementing the code? If companies are serious about labour standards, they should know how much they are spending on it. How much human resource time is dedicated to implementing the company's code? Has the company committed resources to communicating its code within the business and to suppliers? Does the company provide training to staff responsible for code implementation?
2.3 Which are your main partnerships on labour standards work? What other sources of information do you have access to? Companies need help with this work, and should be talking to trades unions, NGOs, the ETI, or other specialist bodies in order to gather information about labour practices in different markets.

 

ISSUE

WHAT SHOULD YOU BE LOOKING FOR
AT COMPANY LEVEL?

3. MANAGEMENT SYSTEMS

3.1 How does a company record information on its supply chain and the results of monitoring? Companies should be able to map their supply chain by number of production sites, level of risk, date and findings of monitoring, any remedial action agreed, and follow-up undertaken or planned. In any large company, anything less than this level of information management system may be a sign of lack of seriousness. The company should be able to demonstrate its capacity for data capture and knowledge management, e.g. - does it have a database?
ADDITIONAL OR SPECIFIC ISSUES TO LOOK FOR AT GROUP LEVEL
Is their a view at Group level about which member companies/supply chains are the biggest risks? If "yes", how does the group intend to protect shareholders from such risks?
3.2 Is there a secure and accessible system to enable employees or local communities safely (confidentially and without fear of recrimination) to alert the company to breaches of the code? Such a system would indicate a genuine desire to detect and deal with labour standards issues. If the company has this system, has it been used to alert the company to possible breaches of the code?

 

ISSUE

WHAT SHOULD YOU BE LOOKING FOR
AT COMPANY LEVEL?

4. IMPLEMENTATION STRATEGY

4.1 What are the main risks in your supply chain by country, product and issue? How did you determine this? A clearly thought-out analysis shows that the company is learning from its current monitoring activity and has a clear view of what labour rights issues are a problem in which countries. Risk assessment should also show whether the company is serious about all, or just some, of the elements of a code. Most companies that are monitoring are now finding Health and Safety risks, but it is equally important to establish how they are dealing with the other elements of the ILO's Core Labour Standards (trade union rights, child labour, discrimination and bonded labour), which can pose more of a challenge in monitoring.
4.2 Describe your strategy for implementing the code across your supply chain. E.g. are you going for an initially wide-but-shallow approach across your whole supply chain, or a narrow project approach with a small number of products or suppliers? Are you including only first tier suppliers, or subcontractors? A clear implementation strategy could involve any of these options, but should be based on informed judgement of risks and issues in the supply chain and a realistic view of what can be achieved, and where the company can make a difference. If it is just monitoring an apparently randomly selected set of suppliers, the company is unlikely to be averting risk or protecting workers that most need improvements in working conditions.
4.3 Based on your risk analysis, what percentage of your supply base should you be monitoring? How long will it take to reach a stage when you can monitor on this scale? A realistic timetable is essential, based on a careful risk analysis. Companies should be probed on what monitoring techniques they use to assess suppliers and should be able to demonstrate awareness of the audit or competencies necessary to assess supplier workplaces.
 
For example, if the company is using dedicated auditors with expertise in inspecting labour practices in workplaces, do they have relevant local experience and training? Are they using visiting technologists/company staff who are primarily skilled in other areas of auditing such as product quality control?
 
If so, what training is provided?
4.4 What monitoring techniques have you tested (e.g. third party, in-house) and what was your conclusion? What kinds of monitoring approach does the company currently employ? If the company is serious about learning, it will have tried out a variety of methods and come to its own conclusions about which offers best value.
4.5 Who pays for monitoring and any agreed remedial action - you, your supplier, or a combination? Is there any other way you help your supplier with improvement programmes? Greater willingness to share risks and meet costs is an indicator of greater corporate commitment. Does the company pay for social inspection visits or does the supplier pay? Is the company committing resources for improvement of supplier workplace conditions?
 
Some companies will argue that, because of the structure of their supply-base, they have to pay for all this in the price of the product - is it possible for them to demonstrate when and where there has been an added social cost?
4.6 How do you report on your labour standards work, both within the company, and externally? Companies that show a commitment to transparency and exposing their work to constructive criticism are more confident about their responsibility to workers in supply chains. Does the company intend to report publicly, and if so how often?
 
Does the Group intend to report publicly on social performance/how often?

 

ISSUE

WHAT SHOULD YOU BE LOOKING FOR
AT COMPANY LEVEL?

5. RESULTS TO DATE

5.1 What percentage of the suppliers monitored to date have not been complying with your code? What percentage of non-compliances have subsequently been resolved through remedial actions? How do you know? Companies should be results-oriented on labour standards. At this stage of code implementation a company finding no problems in its supply chain has probably not got a credible monitoring system. Companies should know what improvements they have achieved for workers in their supply chains in a given reference period. What percentage of first, second and third tier suppliers have been monitored and to what effect?
5.2 Are you satisfied you are finding the bad guys? Have you compared your results with companies with similar supply chains? Companies should be collaborating, within the boundaries set by commercial confidentiality, if they are to learn and effectively implement their codes in a cost-effective manner.
5.3 Has the company attempted verification of its monitoring? Is the company open to independent scrutiny of its results or does it have plans to be so?

 

ISSUE

WHAT SHOULD YOU BE LOOKING FOR
AT COMPANY LEVEL?

6. LONGER TERM STRATEGY

6.1 What in your view is the main driver behind your business spending resources on improving labour standards in its supply chain? What are the main business benefits? If a company is devoting serious resource (rather than treating it as PR) it should have carried out a cost-benefit analysis and be clear on the link to the bottom line and shareholder value.
6.2 What are your medium and long-term goals for supply chain labour standards? What kind of review process is in place? Companies should recognise that this work is in its infancy, and they will need to adapt strategies as they learn, through ongoing review.

 

Appendix: Glossary of Terms 

Audit (of workplace labour practices)
A thorough formal examination of the labour practices of a particular workplace or company, based on corroborated evidence. The essence of an audit is the examination of evidence and the cross-checking of the evidence to establish its truth. This in turn implies the observance of established rules and procedures concerning the gathering and evaluation of the various kinds of evidence. [section 4]
 
Code of conduct
A code of conduct is a set of standards or rules for ethical behaviour. In the context, of ethical trading a code of conduct (or, more accurately, a code of labour practice) is a set of standards concerning labour practices adopted by a company and meant to apply internationally and, in particular, to the labour practices of its suppliers and sub-contractors. These kinds of codes are in effect the unilaterally adopted policy of a company and are sometimes considered as one kind of voluntary private initiative. [section 1]
 
Ethical trading and ethical sourcing
This refers to the assumption of responsibility by a company for the labour and human rights practices within its supply chain. The term concerns the behaviour of the sourcing company but does not imply complete responsibility or the existence of obligations that apply in every situation.
 
International Labour Organisation (ILO)
One of whose oldest and most important functions of the ILO is to set international labour standards. The ILO is unique within the United Nations system for its tripartite structure and for its ability to supervise the application of its standards. This tripartite structure gives employers' and workers' representatives - the "social partners" of the economy - an equal voice with those of governments in shaping the policies and programmes of the organisation. [section 1] [section 4]
 
Monitoring
In the context of the workplace, monitoring refers to the surveillance of labour practices against a standard by a person (or persons) with a continuous or frequent presence in the workplace and unobstructed access to management and staff.
Examples: A manager with a designated monitoring function, continuously or frequently in the workplace in question; an employee in that workplace with a designated monitoring function (e.g. a union delegate); a government or local authority official who is assigned to a particular workplace for monitoring purposes and is continuously or frequently present in the workplace. "Frequent", in this context, means being present in the workplace sufficiently often as to be able to detect variations from normal behaviour. [section 2] [section 3] [section 4] [section 5]
 
Social auditing & Social reporting
An audit of a company's performance and impact across a range of social indicators, including industrial relations, community impact, social dialogue, stakeholder consultation, observance of labour standards and contribution to social infrastructure. These terms were developed in the context of Corporate Social Responsibility (see definition) and are meant to cover a wider range of a company's performance than respect for minimum labour standards in the supply chain. They cannot be used interchangeably with terms such as monitoring , inspection and verification as used in the context of ethical trading. [section 4]
 
Verification
In the context of codes of labour practice verification concerns the impartial examination and certification of claims made about the actual observance of code provisions by suppliers or of claims made about the activities that a company undertakes to give effect to its code. The essence of verification is about the credibility of public claims. Verification implies a re-examining of the evidence in order to establish that previously reported results are accurate.
 
Because it is about credibility verification would have to be conducted according to rules and processes by qualified persons and organisations where the rules, processes and qualifications are previously established through a process widely regarded as legitimate and authoritative. Verification would have to be independent of the workplace being examined and of any authority that carried out an inspection or assessment being verified. Although some commercial enterprises offer "verification" services and some multi-stakeholder initiative "certify" auditors or workplaces, these enterprises and initiatives do not have sufficiently widespread acceptance of their legitimacy or authority.
 
Verification would be a rule-driven process where organisations and individuals performing verification follow carefully defined standards and obey rules that cannot be changed by the company that has engaged them to perform verification. The thinking is that both organisations and individuals would receive "accreditation" from an organisation created for this purpose. Verification would then be the process to the "certification" (of workplaces, companies or ethical trading management systems). [section 5]
 

 

ETI Base Code

Our Code of Labour Practice

We have adopted a ‘Base Code’ of labour practice based on International Labour Organisation standards, which contains provisions on the following broad areas:

The Base Code also includes important principles of code implementation.

Follow this link to read the The Base Code in full.

Ethical Trading Initiative website
www.ethicaltrade.org

Published By
Ethical Trading Initiative
2nd Floor, Cromwell House
14 Fulwood Place
London WC1V 6HZ
Tel: +44 (0) 20 7404 1463
Fax: +44 (0) 20 7831 7852

© Ethical Trading Initiative 2002

THIS IS A CONSULTATION DRAFT

(Note: deadline for comments has now passed)

Download PDF Download Full Draft Report    PDF 83kb
Order Hard Copy Should you have problems downloading and printing the PDF, please email info@justpensions.org to request a hard copy .

 

See also:

Event report: public seminar - Labour Standards for Investors