Social Standards

1. Social Standards PROGRESS (promotion of social, environmental and production standards in the ready-made garment sector) is a joint program of the Bangladesh Ministry of Commerce and the German Federal Ministry of Economic Cooperation and Development (BMZ), implemented by GTZ. Address: House 10 C, Road 90, Gulshan 2, Dhaka 1212, Bangladesh. Tel: +880 2 9887567, Fax: + 88028823099, E-mail: progress@gtz.de,1 Website: www.gtz.de

2. Topics Covered • Child & Young Workers • Forced Labour • Non-Discrimination • Harassment & Abuse

3. Child & Young Workers

4. 15 years, in developing countries may be 14 if agreed by ILO (a member whose economy and educational facilities are insufficiently developed); 13 years, can do light work if not harmful to education or development; The minimum age for hazardous work is 18 (16 under certain strict conditions); Note: Bangladesh did not ratify Convention No. 138. Child means a person who has not attained the age of 14 years. A child will not be allowed to work or to be employed in any establishment. As per provision of this chapter no parents or guardian of any child can give any sort of permission for the purpose of employment of the child under his/her custody. Child Workers Definition of Child Labour Definition of Child Labour as per ILO Convention No. 138 (Minimum Age for Admission to Employment) Section 2(63) of BLL’06 Section 34 (1) of BLL’06 Section 35 of BLL”06

5. A child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education. If a school going child is employed in an establishment, the working hour should be arranged in a way that does not hamper his/her school attendance Child Workers Exception of Child Labour Exception of Child Labour as per ILO Convention 138 13years, can do light work if not harmful to education or development. Section 44 of BLL’06

6. Definition of a Young Worker Young worker means a worker who has completed 14 years but has not completed 18 years of age. No young worker shall be employed unless: The employer has a certificate of fitness from a registered medical practitioner for a young worker; The young worker carries a token which gives referenceto such certificate while he/she is at work. Young Workers There is no ILO Convention on Young Workers Section 2(8) of BLL’06 Though there is no specific ILO Convention on young worker, the definition of young worker is embedded in other Conventions (i.e., Convention No. 6 on Night Work of young persons employed in industries, above 16 and below 18). Section 34 of BLL’06

7. Working Hours No young worker can work in a factory: -  for more than 5 hours a day and 30 hours a week -  between 7 p.m. and 7 a.m. Young Workers Restrictions Employment of the young persons are strictly restricted for: - Cleaning of machinery while it is in motion; - Lubrication or for other adjustment operation of the machinery while it is in motion; - Any work in-between the moving parts of a machine; - Any work underground or under water. Note: Young workers are not allowed to engage in hazardous, unsafe or unhealthy works. Section 41 of BLL’06

8. Child & Young Workers Examples of non-compliance • Recruitment of child labour; • No remediation policy on child labour; • Young workers work as an adult; • No maintenance of records required for young workers, i.e. no certificate of fitness, no token, no separate leave or working hours register etc.

9. Forced Labour

10. This fundamental convention prohibits all forms of forced or compulsory labour, which is defined as "all work or service which is extracted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily or for which such work or service is demanded as a means of repayment of debt." Article 34 of the Constitution of the People’s Republic of Bangladesh: All forms of Forced Labour are prohibited and any contravention of this provision shall be an offence and shall be punishable in accordance with the Law. Forced Labour Definition of Forced Labour as per ILO Convention 29 Bangladesh Constitution

11. Abolition of Forced Labour as per ILO Convention 105 This fundamental convention prohibits forced or compulsory labour as a means of political coercion or education or as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;as a method of mobilising and using labour for purposes of economic development; as a means of labour discipline; as a punishment for having participated in strikes; and as a means of racial, social, national or religious discrimination. Forced Labour

12. Common requirements of buyers regarding forced labour, as per their Code of Conducts Buyers do not want to be associated with any vendor who uses any form of mental or physical coercion; Buyers don’t do business with any vendor who utilizes forced labour whether in the form of prison labour, indentured labour, bonded labour or otherwise. Forced Labour

13. Examples of non-compliance Forced Labour • No policy on forced labour; • Restrictions on the use of toilets; • Overtime work not voluntary; • Delayed wages (salary and overtime); • Withholding original documents i.e. passport, ID cards, educational certificates; • Keep deposit as a condition of employment.

14. Non-Discrimination

15. Article 27: All citizens are equal before Law and are entitled to equal protection of Law Article 28: The Stateshall notdiscriminate againstany citizenon the grounds of religion, race, caste, sex or place ofbirth. Therefore, discrimination on the grounds of any of the above issues is prohibited in the country. ILO Convention no. 100 – Equal Remuneration The states shall promote and ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. ILO Convention no. 111 – Discrimination (Employment and Occupation) The Convention assigns the states the fundamental aim of promoting equality of opportunity and treatment in respect of employment and occupation. Discrimination is defined as any distinction, exclusion, or preference based on race, colour, sex, religion, political opinion, national extraction or social origin (or any other motive determined by the State concerned) which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Non-Discrimination Non-Discrimination as per ILO Conventions Non-Discrimination as in Constitution of Bangladesh

16. Non-Discrimination Gender discrimination is prohibited in determining wage. Section 345 of BLL’06

17. Non-Discrimination Common requirements of buyers regarding discrimination, as per their Code of Conducts Buyers will not do business with any vendor who discriminates in employment, including hiring, salary, benefits, advancement, discipline, termination or retirement, on the basis of gender, race, religion, age, disability, sexual orientation, nationality or social or ethnic origin.

18. Non-Discrimination Examples of non-compliance • No policy on non-discrimination • Discrimination in respect of religion, sex, race, caste, disability, political affiliation, union affiliation etc.

19. Harassment & Abuse

20. HARASSMENT & ABUSE All female workers in an establishment shall be treated respectfully no matter whatever the position. Harassment & Abuse Section 332 of BLL’06

21. HARASSMENT & ABUSE Harassment & Abuse Common requirements of buyers regarding harassment & abuse as per their Code of Conducts Factory must treat employees with respect and dignity.No employee shall be subject to any physical, sexual, psychological or verbal harassment and/or abuse.

22. Harassment & Abuse Examples of non-compliance • No policy on harassment & abuse; • Female workers harassed by their male co-workers or superiors; • Workers are punished corporally as disciplinary practices.

23. Consequences of child & young labour, forced labour, discrimination, harassment & abuse Child & young labour: It deprives children of their right to education it is an impediment to children‘s and young workers‘ physical and mental growth Work with dangerous machinery, the handling of heavy loads, exposure to hazardous substances and excessive noise, temperature, sound etc. may damage children‘s and young workers‘ health High risk of loosing business when child labour is detected Damage to a country‘s reputation Forced labour, discrimination, harassment & abuse: Creates an unhealthy working environment When workers‘ original documents are retained or their payments withheld, their freedom of movement is restricted

24. Consequences of child & young labour, forced labour, discrimination, harassment & abuse (cont.) Forced labour, discrimination, harassment & abuse: Silent suffering of those who get discriminated and harassed (especially female workers) when these practices are tolerated by the management Economic disadvantages for those who get less pay for the same work Decrease in motivation and productivity Decrease in sense of loyalty to the organisation Sometimes workers may get vindictive and create unrest

25. Thank You