FAIR LABOR ASSOCIATION INDEPENDENT EXTERNAL VERIFICATION REPORT

Transcription

1 [2015] FAIR LABOR ASSOCIATION INDEPENDENT EXTERNAL VERIFICATION REPORT COMPANY: Syngenta COUNTRY: Turkey PROVINCE: Konya MONITOR: ASYA & FLA AUDIT DATE: July 2015 PRODUCTS: Sunflower NUMBER OF WORKERS: 147 NUMBER OF WORKERS INTERVIEWED: 131 NUMBER OF FARMS VISITED: 16 TOTAL AREA COVERED IN AUDIT: 117,5 ha PROCESSES: Pollination & Variety Purity Control IEM reference report: Syngenta Turkey Sunflower, flower+2013%2epdf Context: In the Turkey context, verification visits are conducted in the same farms or the same villages where previous assessments took place. In this verification visit, seven of the same farms assessed in 2013 and nine farms located in previously assessed villages and supplying to Syngenta in 2013 were visited. Data was collected by means of interviews, observation and record review at four levels: (1) Syngenta Internal Monitoring System (IMS) level, (2) growers in the verified farms, (3) workers in the verified farms and (4) other influential stakeholders at the community level. To view more about the FLA s work with Syngenta, please visit the FLA website here. 1

2 Table of Content 1. Code Awareness Page GEN 2 2. Forced Labor Ensure that all Company growers as well as supply chain Organizers inform their workers about the workplace standards orally and through the posting of standards in a prominent place (in the local languages spoken by workers) and undertake other efforts to educate workers about the standards on a regular basis IEM FINDINGS 4 IEV FINDINGS (JAN 2015) 4 F.7 Free Disposal of Wages/Cash and In- Kind Compensation 3. Child Labor 2013 IEM FINDINGS 6 IEV FINDINGS (JAN 2015) 6 CL.1 CL.2 CL.3 CL.5 CL.9 CL.10 General Compliance: Child Labor Child Labor Proof of Age Documentation Government Permits and Parental Consent Documentation Children on premises Removal and Rehabilitation of Child Laborers 2013 IEM FINDINGS 7 IEV FINDINGS (2015) 8 4. Harassment or Abuse H&A.3 H&A.4 H&A.12 Discipline/Worker Awareness Discipline/Training Grievance Procedure 2013 IEM FINDINGS 10 IEV FINDINGS (2015) 10 2

3 5. Non- Discrimination D.5 Protection and Accommodation of Pregnant Workers and New Mothers 2013 IEM FINDDINGS 12 IEV FINDINGS (2015) Health and Safety H&S.2 Document Maintenance/Worker Accessibility and Awareness H&S.5 Communication to Workers H&S.8 Chemical Management and Training H&S.10 H&S.13 H&S.15 Protection Reproductive Health Drinking Water Living Quarters 8. Hours of Work 2013 IEM FINDDINGS 13 IEV FINDINGS (2015) 14 HOW.1 HOW.2 HOW.6 General Compliance Hours of Work Rest Day Public Holidays 2013 IEM FINDINGS 16 IEV FINDINGS (2015) Wages, Benefits and Overtime Compensation WBOT.1 General Compliance Wages, Benefits and Overtime Compensation WBOT.3 WBOT.6 WBOT.7 Others Timely Payment of Wages Worker Wage Awareness Record Maintenance Labor Contractor Commission 2013 IEM FINDINGS 17 IEV FINDINGS (JAN 2015) 18 3

4 CODE AWARENESS Previous IEM Finding (2013): Company Plan of Action: GEN.2 In the first year of the program s implementation, the company prepared posters and brochures for code of conduct principles; however, both growers and workers have very limited knowledge on code elements. Deadline Date: April 2014 IEV FINDINGS (2015) From both production areas (Bergama and Konya), 8 candidates will be identified and trained by FLA as both trainers and auditors. Afterwards, these trainers will organize grower trainings before the season and distribute FLA codes to growers. In the meantime, a communication package, such as calendar, booklet, and posters, that introduces FLA codes along with some other beneficial information for agriculture work will be prepared for use in those trainings. Growers training areas: Bergama: Dikili, Aşağıkırıklar, Eğrigöl, Poyracık, Altınova Konya: Ishakuşağı, Çeltik, Çumra, Gökpınar Syngnenta has trained 6 agronomists (2 in Bergama and 4 in Konya) both as trainers and auditors. Regarding the visited three villages Dinlendik, Ishakusagi and Gozlu, Syngenta s agronomist informed monitors that growers have been trained in spring in Ishakusagi. No village-based training has taken place in Dinlendik nor in Gozlu. Monitors verified during interviews with growers in Ishakusagi that very few of them participated in the training. Agronomists in all three visited villages Dinlendik, Ishakusagi and Gozlu informed monitors that they trained growers during signing of their contracts. However, growers in general did not remember much of it. Agronomists informed monitors that growers had received informative booklets on the Company Code and that labor contractors have received trainings in July at the Syngenta office. There are two types of workers in the visited farms: (1) casual workers who are hired directly by Syngenta - through a 3 rd party recruitment agency (Yaklasim) to conduct peak activity (pollination and harvesting), and (2) casual and/or temporary workers hired by growers to perform other tasks (hoeing, land preparation, pesticide application) the rest of the year. Regarding the first group of workers, Syngenta agronomists informed monitors that together with Yaklasim they have trained the casual workers on workplace standards on their first working day. According to Syngenta staff, the workers were trained per labor group on the first farm they enter. Monitors interviewed 6 groups of workers and saw a copy of the training participation list. Among each interviewed group, only one or two workers (which sums up to approximately 10 % of all interviewed workers) could remember the half hour briefing they received on their first working day. They could recall the prohibition of child labor, the requirement to use shoes, gloves and long sleeve shirts while working, the hotline number, bee stings and 1 st aid kit as the important subjects from the training. The awareness was the highest in Gozlu with awareness gradually decreasing in other visited places. In Gozlu, the responsible Syngenta agronomist has demonstrated a particular effort in raising workers awareness and interest in workplace standards. The agronomist seems to have continued his trainings with workers repeatedly on farms and at workers living quarters instead of limiting it to the half an hour briefing on the first working day. The training went beyond a reminder of the workers rights. He has created group discussions in order to understand workers unconcerned approach towards their own rights or safety. In one instance, workers were not willing to obey the Health & Safety rules. The labor contractor, some workers and their families insisted on standing in the shuttle bus (in order to hold more people all together at the same time on the bus) while the agronomist held his position uncompromisingly and refused the demand that would cause serious Health & Safety risks. In other locations, awareness was deemed lower due to different potential causes: (1) short duration of the workers awareness training (half an hour on their first day of work), (2) low interest of the labor contractors in workplace standards, (3) low interest of the workers, (4) the method used for training where no written informative material is distributed to workers before, during or after the training. Details of workplace standards are listed on the 4

5 backside of the daily contract that workers sign but no copy is handed out to the workers. As a result, about 90% of the workers interviewed declared not having read the daily agreement and the terms they are signing every day. Signing of the daily agreement takes place very rapidly in a place where workers stand just before starting work. No copy is shared with the workers for them to read carefully before or after the field activities. Labor contractors awareness of labor standards was relatively higher than the workers. They could mention working conditions of pregnant women, child labor and Syngenta s Tohum Adam (Seed Man) project. Workers who are directly hired by growers, were not informed of workplace standards by the growers, whose own awareness was also limited. In general, the interviewed growers did not remember any training session or information pack hereabout. Some of them could only recall a short briefing during signing of the contract, but could not recall the details except the prohibition of child labor. Growers could mainly remember the tips about good farming practices. According to Syngenta agronomists, the communication packages were distributed to the growers. However, nearly 90 % of the growers interviewed did not remember having received any communication packages covering workplace standards. In Ishakusagi, monitors have witnessed two Syngenta informative boards in the village close to the workers living quarter. No informative material was detected in the other two villages visited during the IEV (Dinlendik and Gozlu). Overall Conclusion: The CAP of training for the agronomists as trainers and internal auditors was realized. CAP of organizing growers trainings and distributing posting information packs has been partially met. Despite substantial efforts to implement the planned corrective actions and raise workplace awareness level so far, merely limited results are visible on the growers and workers awareness level. The issue needs continuous effort and improvement to achieve significant results. Follow-up Company Action Plan: At the beginning of the program, Syngenta sent SMS to all growers to invite them to the awareness training on Syngenta CoC. During these trainings, Syngenta distributed various communication materials, such as books, notebooks, caps, and leaflets. However, majority of the growers did not join the trainings. Subsequently, Syngenta tried another way to train the growers by organizing the growers trainings during the contract period. When the growers come to sign the contract, Syngenta staff conducts the training and explain the Syngenta Code and the expectations of the Syngenta program. Despite Syngenta s efforts, training records show that only 62 % of the sunflower growers have been trained. Drawing the growers attention to the program is relatively difficult in comparison to that of workers and intermediaries. In season 2016, Syngenta has defined a target to increase this ratio to the point that each agronomist trains 75 % of growers in his/her growing. In order to make the training more interesting, Syngenta will prepare a video that includes real examples from the field, and good agricultural practices to engage the growers more actively, but this video will only be available in On the other hand, an additional temporary employee will be recruited to support the growers during the season, particularly when they hire workers for processes including hoeing, and pesticide application. Syngenta will provide a payroll checklist, which has age verification information, such as date of birth, wage and working hours to the growers. The newly recruited employee will track the rightful application of the standards that Syngenta will reintroduce in its grower base and give them the necessary support. Syngenta will also conduct internal audits at the growers level during the processes of hoeing and pesticide application, which are organized by the growers themselves to evaluate the effectiveness of its follow-up actions. Deadline Date: Grower trainings: May-June 2016 Growers Audit during hoeing: June-July

6 FORCED LABOR: Previous IEM Finding (2013): Video Film: April-May-June-July-August September Company Plan of Action: F.7 Free Disposal of wages / cash and in-kind compensation Workers receive their salaries from their labor contractors but there is no regular time scheme for payments. As seasonal workers stay in camping areas and have very limited financial resources for returning to their hometown, this might easily lead to forced labor. A hired legal consultant will review labor contracts with labor providers. The responsible HR staff and the Indirect Procurement department will work with the legal consultant to add payment times and other legal clauses to the contracts. Field managers will communicate regarding labor provider contracts and the Indirect Procurement department. Labor providers will be required to submit a salary payment form to Syngenta that is signed by laborers. Payment will be assured by the contracts. Deadline Date: May 2014 IEV FINDINGS (2015) The daily contract signed between Yaklasim and the workers does not contain any information regarding payment terms as explained in Syngenta CAP. Yaklasim signs an additional daily agreement with labor contractors who supervise the workers (they find the workers, help them reach the fields, supervise them and organize wage payment). Although the contract between the labor contractor and the workers is a verbal agreement, the goal of Syngenta s new applied system through Yaklasim is to make sure that a workplace within legal framework is provided to the workers and it is Yaklasim s responsibility to keep the labor contractor acting within this framework. According to Syngenta staff interviews, Syngenta requested the labor contractor to submit wage payment forms to them to ensure the workers are paid. This needs to be followed up as no payment to the workers had taken place yet at the time of the IEV visit. Syngenta s agronomists informed the monitors that customarily, payments are done once a fortnight. Interviewed workers were not clearly informed of the payment terms. Some of the interviewed workers had heard indirectly about the payment terms; however, the interviewed workers were not sure. If daily workers are not paid daily, this might force them to come back to work the following days in order to be sure to receive their pay. The workers were not consulted for the time of the payment. Overall Conclusion: CAP of adding the Code elements to workers contract was met. However, payment terms are not mentioned on the contract. Although this issue does not necessarily lead to a forced labor situation, terms need to be clarified and implemented by the labor contractors to avoid any risk of the workers inability to freely dispose of their wage at a given time. Follow-up Company Action Plan: After settlement with the service provider Yaklasim Danismanlik and the labor contractors, payment terms will be added to the workers contract. Accordingly, during the workers training, the contract terms including payment will be shared with the workers. During internal monitoring, payments will be randomly checked with workers to ensure they receive their wage on time, as stated in their contract. Workers will also be encouraged to use the grievance channel to report any issue regarding their pay. Deadline Date: Contract revision: April Random Checks for payments: July to 6

7 September 2016 CHILD LABOR: Previous IEM Finding (2013): CL.2 Child Labor Syngenta Turkey has two different types of hiring systems. For the peak season (harvesting, detasseling), Syngenta Turkey hires seasonal workers through a labor provider company. For land preparation, pesticide application, herb cleaning, and hoeing, growers hire casual workers or work with their families. Growers have contracts with labor contractors on a hectare basis for the second group of tasks and admit that sometimes children come with their families and work on the farms. CL.3 Proof of Age Documentation For the peak season, Syngenta Turkey hires workers through a third party service provider. The service provider company uses an age verification system. However, growers did not receive any tool or have a system in place for age verification, although they also hire workers for land preparation, pest application and hoeing. Company Plan of Action: A grower training on FLA ode, which includes a particular focus on child labor provisions, will be organized in both production areas. Grower contracts will have a clause related to the prohibition of child labor. To raise awareness in the villages: 1) A communication pack related to child labor, which includes a notebook and puzzles will be distributed in village schools and 2) The FLA program will be explained to school teachers by our field team. Regarding child labor, the discipline procedure will be in effect if a child laborer is identified in the field. A Syngenta-prepared payroll will be given to growers. The payroll includes ID information so that workers ages can be tracked on a daily basis by the field team. When young workers (workers between ages 16-18) come with their families, signed document for the young laborers will be obtained from their families. A team will be formed to communicate the Seed Man Project ( Tohum Adam, the name of the FLA program in Turkey) to local authorities in Konya. The problems with children s living quarters will be mentioned and some support will be sought to improve their conditions, such as kindergarten; a literacy course and a health service. CL.5. Government Permits and Parental Consent Documentation There is no parental consent for young workers; however, the majority of young workers come with their families CL.9 Children on Premises Growers hire workers for activities such as land preparation, hoeing and pesticide application or work with their own family members. Some growers indicated that they also let their children work in pesticide application in order to teach them the process. 7

8 CL.10 Removal and Rehabilitation of Child Laborers There is no system in place for the rehabilitation of child workers. Deadline Date: July 2014 IEV FINDINGS (2015) According to interviews with Syngenta staff (Konya Manager and district agronomists), the growers received a presentation on workplace standards. They confirmed that a training session took place during spring in Ishakusagi and during signing of contracts in Gozlu, and that growers received informative booklets. However, monitors could neither verify the training records nor the number of growers attending the trainings. In addition, monitors were also informed that informative materials like notebooks with slogans were distributed to schools. Monitors have interviewed the principal of the school in Ishakusagi who confirmed the training session. Monitors did not detect any child labor case during the IEV visit. The workers and labor contractors with whom Syngenta is working are all aware of the issue. However, the growers awareness levels are not satisfactory. Most of the interviewed growers could mention child labor as one of the few items they could remember from the agronomists briefings, but there were just one or two growers who was aware of the consequences of child labor and refused to see them work on their farm. When the labor contractors bring a group of workers with a few children among them, growers unquestionably accept the fact as they deem it unavoidable. Syngenta has introduced this clause in the contracts as stated in the CAP; however, growers do not read the contracts they have signed with Syngenta, and do not understand that fighting child labor is part of their own responsibility. Although Syngenta is putting substantial effort to improve awareness and implementation of workplace standards regarding workers recruited through Yaklasim for peak activities (like, seeding, pollination, harvesting etc.), Syngenta does not monitor the conditions of the workers hired by the growers directly during the rest of the year (for activities like hoeing, land preparation, spraying etc). Syngenta agronomists provide advice to the growers when they encounter them, but a planned and systematic control mechanism is not applied. Yaklasim implements an age verification system by checking the ID s of workers and Syngenta s agronomist is double-checking the age of the workers they hire for peak activities. However, the growers do not apply any age verification for the workers they hire themselves. They do not take any initiative and responsibility towards child labor or young workers. Syngenta is working on implementing a payroll/age tracking system, which they have started using in Bergama region, but it has not yet been implemented in Konya region. Syngenta through Yaklasim applies parental consent for young workers for workers hired by Syngenta. However, growers do not apply the same standard for workers they hire themselves. Monitors have witnessed children at the camping area and growers admit that children occasionally participate in farming activities with their families. Various interviews with workers, growers, intermediaries and the school principle confirmed to monitors that children of migrant families very rarely attend schools at the visited villages. Syngenta did not undertake any substantial initiative this year for the removal and rehabilitation of child labor, especially for the seasonal migrant children in the camping area. In the past years, Syngenta took initiatives where educational activities were organized for children, and schoolteachers were brought to camping areas to educate children of migrant families and to educate them with entertaining games. The organization of similar activities, were not undertaken in The agronomists as trainers and auditors formed the team to communicate the Seed Man Project (Tohum Adam) to local authorities in Konya. Syngenta s efforts in seeking support from the local authorities to improve the conditions for the children in the camping area proved to be fruitless. 8

9 Overall Conclusion: The CAP regarding (1) the growers training on FLA codes, (2) grower contracts having a prohibition of child labor clause, (3) raising awareness in the villages by communication packs and by explaining FLA Codes to school teachers, (4) Syngenta-prepared payroll to growers, (5) signed documents for young laborers were met. Syngenta has succeeded in increasing child labor awareness and in reducing child labor incidences during peak activities directly organized by Syngenta, such as seeding, pollination and harvesting. However, the situation is still at risk when workers are hired directly by the growers during the rest of the year (for activities like hoeing, land preparation or pesticide application) where no age verification system and systematic controls are implemented. Engagement with local authorities and stakeholders and in activities to sustainably work toward child labor prevention (e.g. education activities for migrant workers children) is also missing, such as engagement to improve living conditions in living quarters. Follow-up Company Action Plan: An additional temporary employee will be recruited to support the growers during the season, particularly when they hire workers themselves for hoeing and pesticide application. Syngenta will provide a payroll checklist, which comprises age verification information, such as date of birth, wage, and Hours of Work to the growers. The newly recruited employee will track the rightful application of the standards that Syngenta will reintroduce in its grower base and give them the necessary support. Syngenta will also conduct internal audits during the processes of hoeing, pesticide application etc. which are organized by growers themselves to evaluate the effectiveness of these actions. The ratio of the migrant workers that are employed by Syngenta during sunflower production is around 5% out of all workers in Konya, which can even be lower depending on production demand. Additionally, sunflower production is performed during the summer time when schools are closed. Syngenta has a clear policy on child labor and this policy is communicated to labor contractors and the workers with child labor being unacceptable in the farm. Children stay at the camping areas with the elderly of their families. For the development of the camping areas, Syngenta has contacted the local authorities to improve the living conditions, such as providing the children with a kindergarten and bettering the electricity and water supply for the families. Authorities stated that they are not able to provide a kindergarten since there are none in the village for their constituency either. Syngenta does not segregate among their workers. Migrant workers have the same wage as local workers, which is in line with the minimum wage yearly declared by the government and the local authorities. However, next year Syngenta will undertake an evaluation to assess the terms of income and expense balance of the migrant workers. Consequently, Syngenta will develop an action plan. Deadline Date: Growers training: May-June 2016 Growers Internal Audit during hoeing: July

10 HARASSMENT OR ABUSE: Previous IEM Finding (2013): H&A.3 Discipline/Worker Awareness There is no disciplinary procedure for workers at the farm level. H&A. 4 Discipline/ Training There was no training on disciplinary practices for supervisors or labor contractors. H&A.12 Grievance Procedure The company has implemented a grievance channel; however, workers were not completely aware of its purpose and the phone number is not a toll-free one. Company Plan of Action: Regarding the farms disciplinary rules, a procedure will be created. The basic rules of the procedure will be a part of the labor contract s annex; it will also be communicated to growers by the trainers from our field team, who were given training by FLA in December Actions: 1. Training time will take place one week before the season starts. 2. FLA trainers will conduct trainings about disciplinary rules for growers in the village. 3. A communication pack will be distributed during the training. Although the grievance channel has been communicated through brochures, hats with Syngenta s logo, and posters, it will also be communicated via worker trainings every 10 days in the fields. The phone number will be converted to one that is free of charge. The grievance channel will be announced by putting stickers on the workers seats in the shuttles. Deadline Date: June 2014 IEV FINDINGS (2015) Monitors collected information that labor contractors were informed and warned on a disciplinary rule of a wage deduction in case of break of code. Monitors have been informed that this was stated in the contract of the labor contractors. The labor contractors were informed of this disciplinary rule during trainings and labor contractors have agreed with this rule. Besides this, there are no fair and progressive disciplinary procedures available at farm level that is conveyed to the growers, labor contractors and workers. The hotline number was communicated on hats and backside of the daily workers contract. Approximately 70% of the workers have received these hats from the company. Workers have been informed of the hotline during the training on the first working day. However, awareness level concerning the grievance channel s area of use needs further improvement. The hotline number is free for clients of one cellphone operator but not for users of other operators. Most workers in Ishakusagi and Dinlendik were not aware that the hotline was a toll-free number with that operator. Overall Conclusion: Corrective actions for setting disciplinary rules and training for labor contractors have been met. Corrective action for raising workers awareness of the grievance channel has been met. However, a more detailed training for workers regarding how and when the grievance channel should be used is necessary. Alternatives should be searched for an entirely free of charge hotline. Creation of farm-level disciplinary procedure and training of workers, labor contractors and growers still needs to be worked on. New findings: The workers lack electricity in camp locations of migrant workers. This is perceived as a grievance mechanism 10

11 failure. Although it is not solely Syngenta s responsibility, either by talking to local authorities or taking other initiatives Syngenta should address this issue. Follow-up Company Action Plan: Syngenta has set up a grievance channel and is promoted during the workers training sessions, and mentioned in all published materials. During the training sessions for Service Providers workers, it is always emphasized that there is no punishment or any retaliation for placing a call in the grievance channel. Annual records support and show that calls in the grievance channel is increasing, thus gaining acceptance among workers from year to year. Syngenta continues to convey the information about the grievance channel among the workers, by trainings, and published materials. In the growers contract, there is a clause regarding the Farm Level disciplinary rules for growers; however, there is no fair disciplinary procedure for the workers in place. It is going to be developed and will be added to daily base workers contracts, and workers will be informed about the disciplinary rules in training sessions. All contracts, before implementation will be checked legally. Non-retaliation policy and the responsibilities regarding the grievance channel will be added to Syngenta Grievance Channel procedure and will be communicated within the Field production team. As an addition to the communication materials, it will be verbally emphasized that these calls are to their benefits and if they call and report a noncompliance, their problems will be addressed, and tried and solved. Consequently, their conditions will be improved. The hotline is a toll free number when calling from one operator only. Due to Syngenta Turkey Company policy and the agreement with the service operator, the toll free hotline service must be procured from that company. This service provider has been preferred by Syngenta because of broader coverage area, signal strength and popularity. However, a survey for a 0800 number to set free line for all operators is ongoing. A service provider will be selected according to the results. Syngenta has contacted the local authorities to improve the living conditions, such as providing the children with a kindergarten and improving the electricity and water supply for the families. Authorities conveyed to Syngenta that they were able to provide electricity and water to the camps with a regular fee and they completed this task. However, migrant workers do not want to pay for electricity and water. Syngenta does not segregate among its workers. Migrant workers have the same wage like local workers, which is not lower than minimum wage declared by the government and the local authorities. Nevertheless, in the upcoming season, in order to settle the water and electricity issues, Syngenta will conduct an assessment of income and expense balance; accordingly, Syngenta will develop an action plan. Deadline Date: Workers Trainings: June-July-August 2016 Free Line: January-February

12 Non- Discrimination: Previous IEM Finding (2013): D.5 Protection and Accommodation of Pregnant Workers and New Mothers Growers and labor contractors were not aware that there were pregnant women in the fields and did not take the necessary protective measures. IEV FINDINGS (2015) Company Plan of Action: A legal consultant will be hired to prepare labor contracts and clarify the legal aspects related to the protection of reproductive health. Legal aspects will be included in the contracts of labor providers and growers. They will be also communicated in the meeting with labor contractors. Worker and grower training sessions are planned before the season to raise their awareness. Public health organizations will be asked to follow up on this topic. Care towards pregnant women was mentioned on the contract with workers, labor contractors and growers. There is still no procedure available or applied at the farm level regarding pregnant workers. None of the workers, including most of the women workers know whether there were any pregnant women present in the group or not at the time of the verification visit. Awareness among workers and growers towards special protection of pregnant workers and their rights was not on a desired level yet. Overall Conclusion: The CAP of adding the issue on contracts with workers, labor contractors and growers has been met. Increasing awareness regarding pregnant workers still needs improvement. New finding: Monitors detected and interviewed one Syrian worker. The grower had hired the Syrian worker directly for dealing with field irrigation. Another grower stated during the interview that he uses Syrian refugees for irrigation as well. Grower informed monitors that the wages were fixed after a bargaining process, which made Syrian workers reduce the offer in order to get the job. Monthly salaries for irrigation were usually around 2200 TL (USD ) per month while this grower had paid the Syrian worker 1000TL (USD ) per month but this could not be verified through interviews with this Syrian worker as the incidence took place before the monitors visit. Follow-up Company Action Plan: An additional employee will be recruited to support the growers during the season particularly when they hire workers for hoeing and pesticide application. Syngenta will provide a payroll checklist with age verification information, such as date of birth, wage, and Hours of Work to the growers. The newly recruited employee will track the rightful application of the standards that Syngenta will reintroduce in its grower base and give them the necessary support and avoid any discriminatory practice against Syrian or other migrant workers. For the pregnant workers in the daily contract and during the training sessions it is clearly stated that if workers mention their pregnancy, they will be given a suitable task accordingly. Since pregnancy is a sensitive issue in these respective communities, Syngenta is not able to ask them directly about pregnancy. However, a health checklist will be developed to be filled by workers while they are on the way to field. There will be a question regarding pregnancy as well as other health issues. This checklist will be collected by the labor contractors to be submitted to the Service Provider (Yaklasim). In case of pregnant workers, a suitable task suitable with their conditions will be assigned. 12

13 Deadline Date: Grower trainings: May-June 2016 Growers Audit: June-July 2016 Workers training: July-August 2016 HEALTH & SAFETY: Previous IEM Finding (2013): H&S.2 Document Maintenance/ Worker Accessibility and Awareness At the farm level, there are no documents on Health & Safety requirements. H&S.5 Communication to Workers The company developed a health and safety policy; however, it was not completely communicated to growers and workers H&S.8 Chemical Management and Training Growers admit that they: 1) did not receive training on chemical management and 2) do not properly dispose of the waste material from pesticides. H&S.10 Protection of Reproductive Health Growers and labor contractors do not know if there are pregnant women amongst the workers; therefore, they could not take the necessary protective measures. They do not have a control system in place for pregnant women. Workers also do not know that they need to inform a labor contractor when they are pregnant. H&S.13 Drinking Water During the peak season, the company provides drinking water Company Plan of Action: Although there are Health, Safety and Environmental (HSE) rules for field workers in the brochures and stickers, workers will be trained before the season when they get to the field by trained field experts: at minimum, a 1-hour training will be conducted with an explanation of FLA Code and Benchmarks, and workers questions and concerns being addressed. Training records will be kept and Personal Protective Equipment (PPE) will be distributed. HSE rules will be communicated to growers more intimately in grower training sessions. A booklet will be prepared on the risks in the field and the related precautions. The field team will distribute a to growers and workers in training sessions at different levels of production. In the grower meetings, best practices and regulations for pesticide application will be mentioned. In addition, growers contracts will include a clause regarding pesticide application and waste management that is based on Turkish legislation. Growers will be required to have certification from authorities. Agronomists will randomly control (a minimum of 5%) the fields to determine non-compliances and if discipline procedures are in effect. In the Communication Package, the safe use of pesticides will be a special topic. A paper called 5 Golden Rules of Pesticide Application will be distributed with the booklet. A legal consultant will be hired to prepare labor contracts and clarify the legal aspects related to the protection of reproductive health. The legal aspects will be included in the labor providers and growers contracts. They will be also communicated in the meeting with labor contractors. Worker and grower training sessions are planned before the season to raise their awareness. Public health organizations will be asked to follow up on this topic. Although drinking water has been provided to workers on all farms, a supply and distribution plan will be done in more detail (which farms, how many workers, water requirements, delivery dates) before the 13

14 to workers. The company does not restrict drinking water; they bring water bottles according to the number of workers. However, for a few days in the summer, due to miscalculation, workers could not access enough water. H&S.15 Living Quarters The migrant worker camping areas have neither electricity nor potable water season and a monitoring system (to ensure proper implementation) for the water supply will be established on the farms. During the production period, the labor force in this area of Konya may consist of migrant labor. According to Turkish law, local authorities are responsible for migrant workers accommodations. A team will be formed and will communicate the Tohum Adam ( Seed Man Project ) (the name of the FLA program in Turkey), to local authorities such as the governor, the municipality, the Chamber of Agriculture, and the Adult Training Center in Konya. The problems with their living quarters will be mentioned to local authorities and they will be asked for support in improving these camping areas. Deadline Date: June to October 2014 IEV FINDINGS (2015) Some Health & Safety aspects were mentioned at the back of the daily workers contract and monitors have been informed that workers received training on their first workday in the field. Some of the workers could mention a few topics while others were mainly silent or did not remember any additional subject. Workers stated that they were informed on the requirement of PPE usage, such as hats, shoes, gloves, long sleeves,). Care regarding PPE was mentioned on the back of their daily contract. Syngenta distributed hats and gloves to workers hired for peak activities in two regions but most of them complained about the efficiency and quality of the gloves. In Dinlendik, workers said they had bought their own gloves. Some workers requested from monitors during interviews to pass the message to the company for buying proper shoes and rain outfit (against dew in the early morning). In the grower meetings, best practices and regulations for pesticide application were mentioned. A clause regarding pesticide application and waste management is mentioned in growers contract. Growers are required to have certification from authorities, but not all of of them has received it. 10% of the growers stated that they have received such a certificate. Monitors could not verify this. The agronomists have not fulfilled their action plan to control growers to determine non-compliances and if discipline procedures are in effect. In addition, the Communication Package included information on the safe use of pesticides. However, most of the growers did not seem to be aware of the importance to use PPE during spraying. No proper training has taken place regarding awareness and protection of pregnant women. A pregnant woman was detected among the seasonal migrant workers and was briefly interviewed. She did not know that she had specific rights concerning her pregnancy. Syngenta is supplying fresh water to the casual workers they hire (2 Liters per worker). The water is supplied per worker on the farms. However, in the camp area established by local authorities, the seasonal migrant workers and family members lack access to free potable water, refrigerators to preserve food, electricity, toilets and spraying against mosquitos and bugs. Syngenta has been in contact with local governmental commissions but so far the authorities have not taken any substantial initiative. Overall Conclusion: Corrective actions regarding (1) Health & Safety training for workers, (2) distributing PPE and drinking water to 14

15 workers, (3) distributing booklets to growers and (4) preparing workers contracts covering code elements and (5) contacting local commissions regarding camping areas are met. The type and quality of the PPE that Syngenta distributes to workers should be further studied, as the workers consider them to be unsuitable for the work. Workers accessibility to Health & Safety documents at farm level, growers need for efficient training regarding Health & Safety and awareness regarding presence and conditions of pregnant women are not completed. Growers awareness regarding Health & Safety and PPE usage needs improvement. Although it is not solely Syngenta s responsibility, efforts should be made to improve living conditions at the migrant workers camps by engaging with local authorities and stakeholders. Initiatives are needed to provide free access to drinking water and access to electricity. New findings: 1 st aid kits supplied by Syngenta Agronomists to labor contractors in shuttle bus include merely a roller bandage and scissors; thus, do not have all necessary items, such as ointments, saline solution, antiseptic wash, first aid and trauma dressings, adhesive compresses. Syngenta is trying to apply the legislation regarding workers transport where no standing passengers are allowed. Some seasonal migrant workers and their families are not happy with this application, because some workers are left behind at camping areas when the shuttle is full and the shuttle bus does not drive to the camping site a second time. As a result, some workers are not able to work if they cannot get on the bus and are therefore unpaid. The workers livelihood is compromised as they travel about a thousand km from their hometowns for work. Syngenta is rightly obeying the law with this application but a solution could be sought for the workers. Monitors understood from interviews that the tent system for providing shadowed rest areas at lunchtime did not work. The system of spreading the tent on poles collapsed due to the wind. Therefore, the agronomists have quit using this system. Workers are looking for the shadow of the trees to have lunch and sometimes the shadow of the shuttle bus is used. However, the workers tend to eat lunch under the hot sun as there is not enough shade. Monitors have been informed that the 1 st aid kits are kept in the shuttle and the shuttle is kept at the farm, close to the workers. Syngenta Agronomists and growers seem to be ready to take the workers to the closest hospital with their cars. However, some village hospitals were closed during the monitoring visit due to the restructuring of local government, putting the closest available hospital at a distance of 20 to 50 km. Follow-up Company Action Plan: As a part of the Syngenta program, expenses related with Health & Safety (including portable toilets, bottle water, PPEs, shelter, first aid kits) are almost 70% of the whole project budget of Syngenta. Required PPEs are defined just before the season depending on the production size and the estimated workers number. Subsequently, PPEs are distributed to the workers in the field by agronomists or labor contractors, and records are kept during the production season. The FLA Implementation Team controls the inventories. In the upcoming 2016 season, PPE distribution will be closely monitored. The comparison assessment between PPE distribution records and the worker number in the field will be conducted. If there is an inconsistency in a certain location, the root cause analysis will be performed accordingly. The findings about gloves, tents and first aid kids for the transportation vehicles have been rightly recognized and next season, more suitable equipment will be provided. Additionally, a questionnaire will be developed and conducted during the season to collect workers feedback about HSE issues, particularly as part of the internal monitoring. The daily-based contract for workers will also have a term regarding pregnancy; if workers are to inform the agronomist or the labor contractor about their pregnancy, they will accordingly be employed for a job, which 15

16 does not create a risk for their pregnancy. In the upcoming 2016 season, Syngenta will also introduce a health checklist to be filled by the workers while they are on their way to the field, including questions regarding pregnancy and other health issues. The workers are also going to be informed that they will receive the same pay rate with the others as per Syngenta non-retaliation policy. Deadline Date: PPE evaluations and Health Checklist: July- August-September 2015 HOURS OF WORK: Previous IEM Finding (2013): Company Plan of Action: HOW.1 General Compliance According to the interviews done by monitors, workers work on public holidays during the peak season. However, since records were not available, this information could not be verified by the monitors. HOW.2 Rest Day The labor provider company creates contracts with the labor contractor on a daily basis. They collect the lists and the registers on a weekly basis. The workforce changes each day; therefore, it is not always possible to follow up if workers have used a rest day or not. Since the work is seasonal, workers prefer to work as many days as possible. Deadline Date: August 2014 IEV FINDINGS (2015) A legal consultant will be hired to prepare labor contracts and clarify the legal aspects related to Hours of Work. A meeting will be organized with labor providers to communicate FLA Code & Benchmarks and the related legal requirements to workers. Additionally, workers will be trained before the season when they come to field by trained field experts: at minimum, a 1-hour training will be conducted with an explanation of the FLA Code and workers questions and concerns being addressed. Training records will be kept, grower trainings before the season will be organized, and FLA Code & Benchmarks will be distributed to growers. In the meantime, a communication pack (including a calendar, booklet, and posters) that introduces FLA Code & Benchmarks, along with some other beneficial information for agriculture work, will be prepared for use in those trainings. During the production season, Hours of Work will be tracked on a daily basis by payroll, which includes work hours per day, ID information, signatures of agronomists, labor contractors, and worker, working dates, description of the work, and payment. Syngenta has prepared contracts with labor contractors and workers where the legal number of Hours of Work was stated. Syngenta has held meetings and trainings with Yaklasim, to communicate FLA Code & Benchmarks and the related legal requirements to workers. Yaklasim has organized informative briefings on the 1 st working day of workers where this subject was communicated to workers. Training records were kept. Monitors confirmed increase in awareness of labor contractors, workers and growers as well as actions taken on better tracking working hours. Half of the workers were aware of overtime payment on rest time and public holidays, such as double payment on Ramadan Holiday, while the other half was not aware of this. Monitors verified the payroll tracking system. There was no initiative present regarding paid rest days. Workers do not want to have rest days as they know 16

17 it will not be paid and they want to earn as much as possible within the short season. Overall Conclusion: Corrective action regarding adding working hours on the contracts and the overtime payment and applying payroll tracking system was settled. CAP regarding trainings on this issue was met. Paid rest day is still an issue. Follow-up Company Action Plan: Due to nature of work, it is very difficult to hire the same labor group during the production season. Due to strong competition with other seed companies and agricultural businesses around production areas, the labor groups can change almost on a daily basis (work from one field to the next, from one company to the another). For the time being, keeping records for working schedule on a weekly basis rather than daily basis is almost impossible. According to the Turkish law, if the workers are working on a daily basis. There is no obligation for the rest day. Deadline Date: WAGES, BENEFITS AND OVERTIME COMPENSATION: Previous IEM Finding (2013): WBOT.1 General Compliance Growers make payments to workers through labor contractors. There is no overtime payment system in place. For the peak season, during which the labor provider company provides workers to Syngenta, workers receive less than the required rate for overtime. WBOT.3 Timely Payment of Wages Labor contractors receive workers payments from the labor provider company; however, payments to workers are not provided on a regular basis. Workers can get advances on their payment if they need it; otherwise they receive a lump sum payment after the harvest. Company Action Plan Although there is currently no overtime work in the field, working hours will be tracked by means of payroll and overtime. In case of any overtime, overtime hours will be calculated and paid accordingly. The payroll will include a payment clause. The payroll will also indicate payment to laborers and other benefits, which will be tracked by the labor service provider on a daily basis. Labor providers will be required to submit the salary payment form signed by laborers to Syngenta. This will be assured by contract. The third party contractor will provide a controller for each production area to check the labor force and their related payment and labor rights more frequently. In addition, a random checking system will be established on farms by the Syngenta field team. By random checking, the controller will check on compliance with employment relationship requirements by: 1) controlling documentation and 2) talking to laborers about their payments and working conditions. In other words, labor contractors duties will be evaluated in terms of our contract and FLA Code & Benchmarks, such as an unannounced informal 17