EIT基本守則中英文對照
1.自由選擇的雇傭關系
1.1不可使用強制勞動力、受關押勞動力和不情愿的犯人勞動力。
1.2雇員不應被要求交納抵押金或把他們的身份證件交給雇主，在給出合理的預先通知之后，雇員可以自由地離開其雇主。
2.尊重結社自由和工會代表勞方進行勞資談判的權力
2.1所有雇員毫無例外地具有加入或組成其自己選擇的工會的權力和進行集體勞資談判的權力。
2.2雇主對于工會的行為和他們的組織活動，要采取開放的態度。
2.3不能歧視職工代表，這些代表可以利用其工作場所執行其職工代表的職能。
2.4在自由結社和勞資談判的權力受法律限制的地方，雇主要促進而不是防礙建立獨立自由的結社和勞資談判的類似形式。
3.安全衛生的工作條件
3.1要提供安全衛生的工作環境，并要考慮到該行業的普遍常識和任何特殊危險性。要采取適當的措施，防止由于工作引起的、與工作有關的或在工作中發生的各種事故及損害健康事件的發生。盡可能而又實際地減少工作環境中固有的各種危險因素。
3.2應對雇員進行定期的和有記錄的健康和安全培訓，這種培訓對于新的和改換工種的雇員要重復進行。
3.3要為雇員提供清潔的廁所設施和飲用水，在可能的情況下，還要提供存放食品的衛生設備。
3.4所提供的住宿條件，要保證清潔、安全并且滿足雇員的基本需求。
3.5采用本法規的公司，應該指定一名高級管理人員代表對健康和安全負責。
4.不可使用兒童作工
4.1不能再新招收兒童作工
4.2所有公司要制訂或參與并資助使任何被發現用作童工的兒童接受高質量教育直至不再是兒童為止的政策和項目。兒童和兒童作工的定義在附錄中給出。
4.3不可雇用兒童和 18 歲以下青少年在夜間或在危險的條件下工作。
4.4這些政策和程序必須與相關的 ILO 標準條款一致。
5.維持生活的工資
5.1每個標準工資周所付的工資和福利，至少要達到國家的法定標準或行業規定的標準，以高者為準。在任何情況下，所付工資總應足夠滿足基本需求并提供一些可供自由支配的收入。
5.2在所有雇員開始工作之前，要為他們提供書面形式的、易于理解的、涉及工資之雇傭條件的有關信息，并且在每次支付工資時，要為他們提供本次工資涵蓋期間之工資的詳細情況。
5.3不經雇員同意，不允許扣除工資作為一種紀律約束措施，也不允許對工資進行國家法律規定之外的任何其他扣除。所有紀律約束措施都必須記錄在案。
6.不能超過工作時間
6.1工作時間必須符合國家法律和行業規定的標準，以對雇員提供較強保護者為準。
6.2在任何情況下，不能要求雇員經常性地每周工作超過48小時，并保證平均每7天至少休息一天。加班時間必須是自愿的，且每周不能超過12小時。不能要求經常加班，且必須按照獎勵工資級別給予補償。
7.禁止歧視
7.1在雇傭、補償、培訓、提升、辭退或退休方面，對任何人都不能因其種族、社會地位、國籍、信仰、年齡、殘疾、性別、婚姻狀況、性觀念、所屬工會和所屬政黨進行歧視。
8.正規的雇傭關系
8.1在盡可能的程度上，所進行的工作必須以按國家法律和常規所建立的、被正式承認的雇傭關系為基礎。
8.2對受勞工或社會保障法律和法規保護的、建立在正規雇傭關系之上的對雇員的優惠，不能通過使用勞動合同、分包合同或者在家工作的安排，或者通過不想真正傳授技術或提供正規雇傭關系的學徒項目來取消，任何類似優惠待遇也不能通過過度使用固定期限的雇傭合同來取消。
9.不允許以苛刻和不通情理的方式對待雇員
9.1禁止使用人身虐待或體罰、或以人身虐待相威脅、性騷擾或其他騷擾以及惡語或其他形式的恐嚇。
Note: We have made every effort to ensure that the translations of the ETI Base Code andPrinciples of Implementation are as complete and accurate as possible. However, please note that in both cases it is the English language documents which should be treated as the official versions.
1. Employment is freely chosen
1.1 There is no forced, bonded or involuntary prison labour.1.2 Workers are not required to lodge "deposits" or their identity papers with their employer and are free to leave their employer after reasonable notice.
2. Freedom of association and the right to collective bargaining are respected
2.1 Workers, without distinction, have the right to join or form trade unions of their own choosing and to bargain collectively.2.2 The employer adopts an open attitude towards the activities of trade unions and their organisational activities.2.3 Workers representatives are not discriminated against and have access to carry out their representative functions in the workplace.2.4 Where the right to freedom of association and collective bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.
3. Working conditions are safe and hygienic
3.1 A safe and hygienic working environment shall be provided, bearing in mind the prevailing knowledge of the industry and of any specific hazards. Adequate steps shall be taken to prevent accidents and injury to health arising out of, associated with, or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.3.2 Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers.3.3 Access to clean toilet facilities and to potable water, and, if appropriate, sanitary facilities for food storage shall be provided.3.4 Accommodation, where provided, shall be clean, safe, and meet the basic needs of the workers.3.5 The company observing the code shall assign responsibility for health and safety to a senior management representative.
4. Child labour shall not be used
4.1 There shall be no new recruitment of child labour.4.2 Companies shall develop or participate in and contribute to policies and programmes which provide for the transition of any child found to be performing child labour to enable her or him to attend and remain in quality education until no longer a child; “child” and “child labour” being defined in the appendices.4.3 Children and young persons under 18 shall not be employed at night or in hazardous conditions.4.4 These policies and procedures shall conform to the provisions of the relevant ILO standards.
5. Living wages are paid
5.1 Wages and benefits paid for a standard working week meet, at a minimum, national legal standards or industry benchmark standards, whichever is higher. In any event wages should always be enough to meet basic needs and to provide some discretionary income.5.2 All workers shall be provided with written and understandable Information about their employment conditions in respect to wages before they enter employment and about the particulars of their wages for the pay period concerned each time that they are paid.5.3 Deductions from wages as a disciplinary measure shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the expressed permission of the worker concerned. All disciplinary measures should be recorded.
6. Working hours are not excessive
6.1 Working hours comply with national laws and benchmark industry standards, whichever affords greater protection.6.2 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 on average. Overtime 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.
7. No discrimination is practised
7.1 There is no discrimination in hiring, compensation, access to training, promotion, termination or retirement based on race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.
8. Regular employment is provided
8.1 To every extent possible work performed must be on the basis of recognised employment relationship established through national law and practice.8.2 Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting, sub-contracting, or home-working arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment.
9. No harsh or inhumane treatment is allowed
9.1 Physical abuse or discipline, the threat of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation be prohibited.
The provisions of this code constitute minimum and not maximum standards, and this code should not be used to prevent companies from exceeding these standards. Companies applying this code are expected to comply with national and other applicable law and, where the provisions of law and this Base Code address the same subject, to apply that provision which affords the greater protection.
SMETA* AUDIT ADDITIONAL ELEMENTS
A: Entitlement to Work & Immigration Additional Retailer Specific Elements
A1 Only workers with a legal right to work shall be employed or used by the supplier. A2 All workers including employment agency staff, must be validated by the supplier for their legal right to work by reviewing original documentation. A3 Employment agencies must only supply workers registered with them. A4 The supplier shall implement processes to enable adequate control over agencies with regards the above points and related legislation.
B: Code and System Implementation: Retailer Specific Additional Elements
B1 Suppliers are expected to implement and maintain systems for delivering compliance to this Code. B2 Suppliers shall appoint a senior member of management who shall be responsible for compliance with the Code. B3 Suppliers are expected to communicate this Code to all employees and to their suppliers. B4 Suppliers should, where reasonably practicable extend the principles of this Ethical Code through their supply chain.
C: Sub-Contracting & Home-working:
C1 There should be no sub-contracting unless previously agreed with the main client.C2 Home-working should be properly managed.
D: Environmental
D1 Suppliers shall seek to make continuous improvements in their environmental performance and, as a minimum, comply with the requirements of local and international laws and regulations.D2 The supplier shall be aware of and comply with their end clients’ environmental requirements.
*SMETA= Sedex Members Ethical Trade Audit
ETI Base Code Principles of Implementation
The purpose of the ETI is to identify, develop and promote good practice with respect to implementing codes of labour practice. Critical areas include monitoring and independent verification, and transparency and disclosure, to determine and communicate whether standards embodied in the code are being achieved. ETI members accept the following as general principles upon which to develop or refine their search for best practice.
1. Commitment
1.1 The company gives its membership of ETI, the code and its implementation process an informed and explicit endorsement. 1.2 This commitment is communicated throughout the company and to its suppliers and sub-contractors (including closely associated self-employed staff).1.3 A member of senior management is assigned responsibility for the implementation of compliance with the code.1.4 The code and the implementation process is integrated into the core business relationships and culture.1.5 The company will ensure that human and financial resources are made available to enable it to meet its stated commitments.
2. Monitoring, independent verification, and reporting
2.1 Member companies accept the principle that the implementation of codes will be assessed through monitoring and independent verification; and that performance with regard to monitoring practice and implementation of codes will be reported annually.2.2 Companies will engage with other members in the design, Implementation and analysis of pilot schemes to identify good practice in monitoring and independent verification and share this experience with other members.2.3 Company members will draw on this experience in establishing where relevant with other ETI members’ work plans to implement programmes of monitoring, independent verification, and reporting, and will report progress against these programmes to and through the ETI in a format and timing to be agreed.2.4 Workers covered by the code shall be provided with a confidential means to report failure to observe the code and shall be otherwise protected in this respect.
3. Awareness raising and training
3.1 All relevant personnel are provided appropriate training and guidelines that will enable them to apply the code in their work.3.2 Suppliers are made aware of the code, and the company’s commitment to sourcing from suppliers who observe the standards in the code.3.3 Workers whose work is covered by the code are, where possible, made aware of the code and implementation principles or procedures.
4. Corrective actions
4.1 Member companies commit themselves, on the basis of knowledge gained from monitoring to;
(a) negotiate and implement agreed schedules for corrective actions with suppliers failing to observe the terms of the code, i.e. a continuous improvement approach;
(b) require the immediate cessation of serious breaches of the code, and;
(c) where serious breaches of the code persist, to terminate any business relationship with the supplier concerned.
5. Management procedures, pricing and incentives
5.1 Negotiations with suppliers shall take into account the costs of observing the code.5.2 Understanding and implementation of company policy with respect to its code of labour practice shall constitute a positive performance measure when assessing appropriate personnel.
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