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 2 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 3 Revised: September 2012 4