SRPP Contract Performance Clauses

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SRPP contract performance
clauses
Revised: September 2012
SRPP Contract Performance Clauses
Due to documented breaches of core ILO conventions for the production of [type of product]
in countries where national legislation and internationally recognised principles relating to
human rights and labour standards are not fully respected, contract clauses concerning
socially responsible production, will be part of this contract.
This means that [Name of public organisation] requests that 1) the ILO core conventions and
2) the national laws regulating labour rights and working environment of the production
country are respected during the manufacturing process of the products linked to this
contract.
The supplier is responsible for safeguarding that these contract performance clauses on
socially responsible production are adhered to where the products, linked to this contract, are
assembled and where main components to the products, linked to this contract, are
manufactured.
This includes both primary production units and secondary production units, when production
is outsourced from the primary production units to secondary production units.
(1) Prohibition of illegal child labour (ILO Core Conventions 138 and 182 and Article 32
of the UN Convention on the Rights of the Child)
[Name of public organisation] expects its suppliers to safeguard, within the supply chain until
the production units at a minimum that the rights set forth in the Convention on the Rights of
the Child, the ILO Minimum Age Convention (C.138) or the Prohibition and Immediate
Elimination of the Worst Forms of Child Labor Convention (C. 182) are enforced. The
minimum admission to employment or work shall not be less than the age of completion of
compulsory schooling, normally not less than 15 years or 14 where the local law of the
country permits, deferring to the greatest age. Young workers under 18 years are not allowed
to work in night shifts. Additionally, all young workers must be protected from economic
exploitation at the work place and protected from performing any work that is likely to be
hazardous or to interfere with the child’s education or that may be harmful to the child’s
health, physical, mental, social, spiritual or moral development.
(2) Prohibition of forced labour (ILO core conventions 29 and 105)
[Name of public organisation] expects its suppliers to prohibit any use of forced, bonded or
indentured labor or involuntary prison labor, and embrace employment practices consistent
with ILO Conventions pertaining to forced labor: Forced Labour Convention, (C.29) and
Abolition of Forced Labour Convention, (C.105). Forced labour also includes involuntary
work used as training or punishment. All work, including overtime work, will be voluntary and
workers should be free to leave upon reasonable notice. Suppliers should also not mandate
that workers hand over government-issued identification; passports or work permits as a
condition of employment.
(3) Prohibition of discrimination (ILO core conventions 100 and 111)
[Name of public organisation] does not tolerate any form of discrimination in hiring and
employment practices on the ground or race, colour, religion, gender, sexual orientation, age,
physical ability, health condition, political opinion, nationality, social or ethnic origin, union
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Revised: September 2012
membership or marital status. Consistent with the principles espoused in ILO Conventions on
Discrimination, Employment and Occupation (C.111) and Equal Remuneration Convention
(C. 100), [Name of public organisation] also discourages discrimination regarding access to
training, promotion, and rewards.
(4) Freedom of association and collective bargaining (ILO core conventions 87 and 98)
[Name of public organisation] expects its suppliers to recognize and respect the rights of
employees to freely associate, organize and bargain collectively in accordance with the laws
of the countries in which they are employed, as well as core ILO conventions Freedom of
Association and Protection of the Right to Organise Convention, (C 87) and Right to
Organise and Collective Bargaining Convention, (C.98). In countries where C.87 and/or C.98
are not ratified, the employer should offer, and in no way hinder, arenas for meetings and
collective negotiations. [Name of public organisation] recognizes the importance of open
communication and direct engagement between workers and management and suppliers are
to respect the rights of workers to associate freely and communicate openly with
management regarding working conditions without fear of harassment, intimidation, penalty,
interference or reprisal.
(5) The supplier is responsible for safeguarding that the products concerning this
contract are manufactured in accordance with national laws of the production country:
The laws regulating labour rights and working environment) should be adhered to. Of special
importance are 1) wage- and working hour regulations; 2) regulations on health, safety and
environment (HSE); 3) legal terms of employment, herein included legal working contracts;
and 4) social security schemes.
(6) Administrative regulations, transparency and sanctions
a) The supplier is required to report on status and progress of socially responsible
production at the production units, using the self-assessment questionnaire.
b) The self-assessment questionnaire shall be filled out, signed and returned within a
month after the contract is signed.
c) Name of public organisation] will thereafter analyse the self-assessment. If corrective
action is needed, an appointment for a self-assessment follow up will be scheduled.
d) After the self-assessment follow up, a corrective action plan is signed by the supplier.
e) [Name of public organisation] will then assess the fulfilment of the corrective actions.
f) [Name of public organisation] requires the right to make inspections, announced as
well as unannounced, at the production unit/s.
g) The supplier is responsible for a third party assured re-inspection of the production
unit/s if corrective action is needed.
h) If the supplier fails to meet the requests in terms of deadlines or corrective actions,
sanctions, in the form of daily fines, will be imposed.
i) [Name of public organisation] will have the possibility of cancelling the contract after
[X] days with daily fines.
I have read and understood the SRPP contract performance clauses.
.........................................................
Name, CEO, [Name of the supplier]
………………
Place/Date
.........................................................
Signature
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Revised: September 2012
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