Petratex Revision Written by:tiago Fernandes/Célia Machado Approved by: Sérgio Neto Code of Conduct Page. 1 of 16

Transcription

1 1. Code of Conduct Petratex promises to comply with the ethical standards outlined in this document. Petratex seeks to ensure the safety of all products which are manufactured or sold by the company as well as a production that is within a clean and safe environment according to all applicable local laws. Petratex shall do its best to work with suppliers in order to meet the standards set out in this code. These standards are part of the Petratex business and are considered to be under its control. It is the supplier's responsibility to ensure and substantiate compliance with all subcontracts or that homeworkers comply with the ethical standards set out in this code. It is the supplier's responsibility to ensure that whenever the local law sets higher standards than those defined in this code, they should meet those legislative requirements. This code should be seen as a supplement and not as a substitute for collective bargaining or official regulations. This implementation should be sensitive to the rights of workers who Petratex aims to protect. 2. Ethics e behaviour: Petratex is committed to providing quality products to its customers as well as its suppliers. The key factor in this commitment is their Business Ethics. Petratex will only identify and work with suppliers whose personal and business ethical standards are compatible with its. Petratex expects its business partners to be law-abiding as individuals and act within the local legal requirements in the course of all business activities. This includes compliance with the specific terms of the Petratex Code of Conduct. Petratex will only work with suppliers who provide their workers with a safe and healthy working environment. As a minimum, suppliers shall act in full compliance with the labour, health and safety laws of the manufacturing country. Petratex suppliers should recognise the dignity of the individual. It shall not use mandatory, penitentiary or forced labour. It shall provide the right to free legal association and collective bargaining for all workers, as well as the right to a troublefree and tranquil working environment, free of abuse, degrading treatment or corporal punishment. It shall respect the workers private and family life and the right to freedom of thought, conscience, and religion. Petratex recognises and respects cultural differences and, as such, seeks and identifies suppliers who contract individuals based on their competence for the job, Code of Conduct Page. 1 of 16

2 regardless of their gender, racial features, skin color, nationality, religious or cultural beliefs, age or marital status. Petratex Suppliers should act in accordance with national and international standards laws aimed at environmental protection. This applies both in the country of manufacture and the country where the product is marketed. Petratex encourages its suppliers to provide training and education to their workers, particularly young workers, so as to enable better performance in their duties. 3. Workplace Detail: The "workplace " is defined as a workplace in which the Petratex brand is visible throughout the manufacturing or finishing process, which may include factories, production units, subcontracting units, laundries, packers, embroiderers, processing companies, inspection units and warehouses Work Free from Obligation: The employer shall not use forced, involuntary, or prison labour. Employees should be able to leave the factory or residential facility at any time when they are not working. Employees should be able to see a doctor during working hours. No deposit or identification document should be retained for employment, accommodation, tools or personal protective equipment. The employer shall not require payment from the workers of any tools that are used during manufacturing or for their personal safety. Loans provided by the employer to the worker shall be subject to a written agreement between them, with clear terms of repayment and always with a payable and realistic rate Access to Trade Unions: The employer must respect the freedom of association and the right of workers to join any union and accept trading options of the collective contract. The employer must adopt an open attitude towards the union and organisational activities. If the right to freedom of association is restricted by law, the supplier will facilitate and not hinder the development of parallel means for independent and free association collective bargaining. Code of Conduct Page. 2 of 16

3 The employer shall ensure that union representatives workers are not discriminated against and have access to carry out their trade union functions in the workplace HSE (Health, Safety, and the Environment): All suppliers shall continue to work to reduce accidents and maintain the welfare and safety of their workers. The employer must provide training with the proper and safe use of equipment and machinery and be aware of any potential risks. Training should be given to all new employees at the start of their duties, and this should be renewed particularly when there are changes to equipment or processes where workers have new functions and whenever accidents occur. The employer must appoint a member of the board to be responsible for the area of hygiene, safety and well -being on the premises. The employer must provide all the necessary information, instruction, training and supervision to ensure, as far as is reasonably practicable, the health and safety of workers at work. Training records shall be kept for each worker The Workplace: The employer must provide a place for a healthy and safety working environment The Workplace The workplace must be safe, clean and solidly structured. It must provide clean and readily accessible drinking water. The workplace must be well lit and ventilated. The workers must be protected from extreme temperatures Toilet Facilities The toilet facilities must be clean and odour- free. The toilet facilities must be equipped with toilet, sinks and showers. There should be at least one bathroom for men and one for women on every two floors. The toilet facilities must have doors for privacy protection and all windows should be opaque The Cafeteria: All areas for storage and food preparation must be clean and hygienic. The cooks must be trained in food preparation and hygiene. Code of Conduct Page. 3 of 16

4 When reusing kitchen utensils, they must be cleaned and sterilised. Facilities must be provided for meals and adequate rest Fire Safety & Evacuation Procedures Corridors, Stairs and Exits Emergency exits must be signposted, kept free from obstruction and easy to open. Corridors must be at least 1metre wide and paths must be free from obstruction and risk of falling. Stairs must have safe and appropriate handrails. There must be at least two emergency exits on each floor. Any roof and floor openings should be covered to prevent falls Fire Protection Equipment At least one fire extinguisher must be provided with proper instruction of extinction, for every 23metre distance or every 93m2. Emergency lighting must be provided towards emergency exits in case of electricity failure. Fire alarms or other means must be provided on all floors for the purpose of staff evacuation warning. The fire protection equipment must be immediately accessible and obstruction-free. Fire extinguishers, hydrants, hydrant wells, winding drums, sprayers, smoke/heat holders, emergency lights and fire alarms must be inspected monthly to detect damage and obstruction. Fire extinguishers, hydrants, hydrant wells, winding drums, sprayers, smoke/ heat detectors, emergency lights and fire alarms should be inspected and serviced annually by qualified personnel. Emergency lights must be tested every 2 years Medical Centre and Health: The employer must provide adequate and appropriate first aid facilities to their workers in the event of injury or illness at work. In order to help prevent any future accidents, accident procedures must be implemented to cover accident notification and registration, as well as research and analyse accidents to learn from them in order to prevent them from happening again. Code of Conduct Page. 4 of 16

5 The workplace must have at least one trained first aider on every floor and for every work shift, and at least one for every 50 workers in facilities with fewer than 100 employees, as well as a qualified first aider for every 100 people in workplaces with more than 100 employees. First aid supplies must be available and must be of the individual s responsibility. First aid should be provided free of charge. A First aid sign should be affixed to the first aid box. An annual medical examination of the respiratory system must be provided for workers who use respiratory protective equipment. A yearly medical examination for hearing must be provided for employees exposed to excessive noise of 8 hours or its equivalent. A means of accident notification must be established and communicated to all workers. Accidents should be reported, investigated, documented and reviewed Treatment/ Handling Chemical Products: Always try to minimise or eliminate the use of hazardous substances. All hazardous chemicals must be identified and labelled with warning signs, according to the respective chemical and law requirements. All chemicals and residues should be delivered, handled, stored, transported and packaged according to their properties and law requirements. Workers who are exposed to hazardous substances must receive appropriate and sufficient information, instruction and training to have knowledge of the health risks associated with the exposure of the substances they work with. They must also be familiar with the necessary precautions for their protection. Safety data sheets for all chemicals must be placed with the chemicals and their contents should be communicated to the employees. Personal protective equipment (PPE) must be provided for the handling of chemicals. Spill kits and absorbents must be placed in an appropriate place in the chemical storage areas. Code of Conduct Page. 5 of 16

6 Procedures which use hazardous chemicals must be well ventilated and its exposure used by the individual must be monitored and maintained in accordance with the regulatory requirements. Eyewash equipment must be provided in laundry procedures and manual spraying, or anywhere where there is a risk of eye contact Machines and Work Tools: All equipment provided for work must be found suitable for their purpose, maintained in an efficient state, in good working order and be well-kept. Dangerous machines must be well protected. The equipment must be clean and well-kept. All moving parts which are liable to cause injury should be effectively protected. A maintenance program should be implemented for all safety and protection devices. Emergency stop buttons must be clearly and effectively identified where appropriate. Portable heaters must be positioned safely. Cranes, pressure vessels, boilers and trucks must be inspected regularly, well-kept and documented appropriately. Pipes, including steam pipes, compressed air pipes, tanks and hot water pipes must be inspected regularly and kept in good condition. Work permit programs must be implemented for electricity work, steam pipes, compressed air pipes, tank inlets, welding and the damage of fire protection equipment. Trucks must be inspected daily and used by authorised personnel only. Gas cylinders must be securely fixed and separated from those incompatible. Welding cylinders must be equipped with flame arrestors and control valves. Explosion-proof equipment must be used in the flammable material storage areas Electrical Safety Only trained personnel are allowed to work with electricity and the upkeep of all electrical systems, to avoid danger. Maintenance must never be carried out with the equipment in operation, unless there is no other alternative. Code of Conduct Page. 6 of 16

7 All portable electrical equipment must be tested and checked annually by a qualified person. Qualified electricians must preserve supplies and electrical equipment. All portable electrical equipment must be electrically grounded and the connection firmly plugged in. The main power supply must be unobstructed, with warning signs, maintained properly and protected from unauthorized access No wire should be exposed. Only waterproof devices and sources can be used outdoors Manual Handling of Loads: No employee should be made to lift, carry, push or pull any load that can cause injury. When making this decision, the individual s personal abilities must be taken into account as well as the type of the cargo, task and their surroundings. Manual handling should be avoided whenever possible when it comes to mechanical handling equipment. Job rotation must be applied whenever repetitive-motion injuries pose risks Risk Assessment at Work Whenever the risks are not controlled appropriately by other means, the employer must provide appropriate and free of charge personal protective equipment (PPE) to the employee. Some examples include hearing protection, respiratory protection, eye protection and gloves. The employer must ensure that all equipment remains clean, well-kept and used. Metal mesh gloves must be provided when using electric cutting machines during the cutting process. Risks at work should be assessed, identified and communicated to workers. Warning signs in dangerous zones, such as high blood pressure, confined spaces, extreme temperatures and asbestos, must be clearly posted. Employees must be trained to use and upkeep personal protective equipment. Code of Conduct Page. 7 of 16

8 Signs must be clearly posted where personal protective equipment is required and its use is mandatory. When the noise level is near maximum permitted levels, or is suspected to be very high, the employer must appoint a qualified person to conduct a noise assessment. If workers are exposed to noise levels above the recommended 8 hours or amounting to, the employer must eliminate the source of noise if possible. Otherwise, hearing protection equipment should be provided and a hearing exam should be conducted every year. A noise control zone should be established where noise exposure exceeds recommended levels of 8 hours or amounting to Facilities: Shower Rooms: Shower compartments must be an appropriate number, with a minimum of one shower to every 12 people. Showers must have available hot and cold water. Doors or curtains must be installed in the shower bays, in order to give privacy Toilet Facilities: Bathrooms must be an appropriate number, with a minimum of one to every 12 people. The toilet facilities must be cleaned and free from bad odors. The toilet facilities must be equipped with a flushing system, sinks and showers. There should be at least one bathroom for men and one for women on every two floors. The toilet facilities must have doors for privacy and all windows should be opaque Canteen: Food and storage areas must be clean and hygienic. The cooks must be trained in food preparation hygiene. When reusing kitchen utensils, they must be cleaned and sterilized. Code of Conduct Page. 8 of 16

9 Facilities must be provided for meals and adequate periods of rest Environment Waste Treatment: The supplier shall identify sources of waste and develop a procedure for their removal. Hazardous waste must be identified with labels and packaged appropriately. The waste disposal records must be kept. Hazardous waste must be stored in safe areas designated for that purpose. Hazardous waste containers must be in good condition. Annual training must be provided for handling hazardous waste Quality Analysis for Air and Emissions: The supplier must identify air emission sources and monitor emissions according to the regulatory requirements. Maintenance programs and performance procedures should be developed and implemented for the treatment of air in the premises Waste Water: The supplier must identify sources of discharged waste water and monitor the discharge according to regulatory requirements. Maintenance programs and performance procedures should be developed and implemented for the treatment of waste water on the premises. Local authorities linked to waste water discharge must grant the appropriate licenses or permits Asbestos: The presence of asbestos in the workplace must be identified and its conditions to where it lies must be analysed. Monitoring measures must be taken and all the people who work in that environment must be kept safe, for example, electricians must be aware of the presence of asbestos Chemical Storage: Secondary containments must be provided with the largest container being a minimum of 110 % in volume for chemical leaks in storage areas. Drains are not allowed in the storage areas. Code of Conduct Page. 9 of 16

10 Containers placed in storage areas must be covered to prevent rain water from coming into contact with them. 4. Child Labour Petratex does not work with companies who continue to use child labour in any of its facilities. A "child worker " is someone who is not yet 15 years of age or has not yet attained the specified age in local law to complete compulsory education or start working full-time. However, where local laws set a minimum age of 14 under the 138 ILO Convention in developing countries, this law applies as an exception. Petratex will support suppliers committed to: - Developing genuine and meaningful education programmes for existing child labour. - Gradually replacing child labour by using adult members of their family. - Improving wages and conditions for adult workers so that child labour eventually becomes unnecessary The employer should develop a system to verify the ages of young workers, including the verifying original identification documents, comparing individuals to their photographs. The employer should develop a system to avoid situations of borrowed identification documents, including periodically checking the identification documents of existing workers. There must be a copy of all age records at the workplace. The employer must protect young workers in hazardous areas. Young workers are defined as anyone between the ages of 15 and 18 years old. NB: Expert evidence and opinion can identify health risks and additional security to which young workers are exposed, associating these to lack of experience, immaturity and lack of knowledge of the risks related to their health and safety. In recognition of this, Petratex will support suppliers who introduce measures of training and education, seeking to minimise health and safety risks at the workplace, that is to say that: - A risk assessment must be performed related to the type of work to be performed in order to avoid the exposure of health and safety risks. - The facilities and the provision of an appropriate workplace and job must be taken into account. - Include the nature, extent and duration of any exposure to biological, chemical and physical substances. Code of Conduct Page. 10 of 16

11 - Include the handling of machinery and work equipment. - Include the way in which activities and work processes are organised. - Work must be conductive to those with lack of experience and immaturity, for example, it should not include pressure, heavy weight load, exposure to operations and hazardous chemicals. At least a 20minute interval should be granted to young workers every 4 hours. Young workers are not permitted to work night shifts after 10pm. In cases where young workers cannot leave the workplace due to their dependence on company transport, they should also be provided with educational facilities at the workplace. Young workers must be supervised by a responsible adult. One for every 2 workers. All young workers must be subjected to all the restrictions placed by local law. 5. Salaries and Benefits The employee s salary should reach or exceed the average of the local industry and be at least enough to meet their basic needs and provide some income. Wages must be paid at least monthly The employer must give the employee written information about the calculation of salary, including: - Hours or part-time, if applicable - Pay rate - Gross income - Overtime pay - Itemised deductions - Net income. The employer must make contracts and work cards for each worker. These documents must at least: - Include the name of workplace, the employee's name, their starting salary and job role, - Contain a signature of acknowledgement, - Be kept by both parties, - Be consistent with the law, The employer must provide detailed documentation about the working hours, working days, days off, reporting deadlines, temporary licenses and other benefits to which employees may consult at any time. The contents of the document should also be communicated to these employees. Code of Conduct Page. 11 of 16

12 Wage deductions (bonuses included) will only be accepted if: - Required by law, that is, contributions to social security and taxes. The employee consents in writing, No deduction shall be made as a form of disciplinary action. If the employer orders work stoppage, the employees should be paid at a rate no less than the minimum wage, unless otherwise specified in law. 6. Working Hours Work schedules must be documented and communicated to workers. If the employee s salary is calculated according to the total number of working hours, the employer must have a system in place to record exactly what each employee s working time was. The normal working hours must not exceed 48 hours per week and must be in accordance with the national laws or industrial laws, opting for one that offers better protection. Overtime must be voluntary and not exceed 12 hours per week. Overtime should be given to workers only when it is essential to meet any reasonable demands of the business, i.e. peaks of production and business. The employees should have the right to refuse overtime for any penalty or consequence. Overtime should not be required on a regular basis. All overtime must be fee payable or should be granted as an equivalent to any absence paid at an appropriate later date. The total number of weekly hours worked by an employee should not exceed 60 hours. Each employee must have at least one day off per week or two days off for every two weeks. Workers shall be entitled to a paid holiday period each year. Each employee shall be entitled to reasonable time off work for genuine reasons of incapacity due to illness, without having any financial penalty or threat of dismissal. During this absence, the employee must at least continue to receive reasonable payment in order to meet their basic needs. 7. Non-Discrimination Equal Opportunities Policies and practices must provide equal treatment to all workers in the workplace. Decisions or practices on the basis of unfair discriminatory grounds and not on merit are not acceptable, for example: Code of Conduct Page. 12 of 16

13 It is not allowed to act on any form of discrimination based on race, colour, language, nationality, ethnic or social origin, religious belief, political opinion, sex, marital status, disability, property, birth, age, sexual orientation or union membership. No jobs should be unfairly denied or offered to a candidate on less favorable terms. All workers must have equal access to work, training, promotions and job transfer and no one should receive salaries, benefits or access to any less favorable facilities based on discrimination. The employer must develop a recruitment policy dealing with discrimination, salary, benefits, promotion, training, job transfer, contract termination, retirement or access to facilities. No employee will face, be threatened with, or receive disciplinary or dismissal action based on discrimination. The employer must adopt and adhere to a fair disciplinary procedure. Similarly, no worker should be selected unfairly for redundancy or suspension of an employment contract. 8. Regular Employment 8.1. Hiring/ Staff Practices Where reasonably practicable, all workers must be able to have employment security and stability as well as regular income. The employer must use contracts or work cards for each worker. These documents must at least: - Include the name of workplace, the employee's name, their starting salary and job role, - Contain a signature of acknowledgement, - Be kept by both parties, - Be consistent with the law, The employer must provide detailed documentation about the working hours, working days, days off, reporting deadlines, temporary licenses and other benefits to which employees may consult at any time. The contents of the document should also be communicated to the employees. No employee is required to pay any fees to their employer for their jobs. Employees must not be required to provide services at an unreasonable time outside their working hours. When using recruiting staff agencies, the employer must carry out audits to ensure that the terms and conditions of the employment contract which is signed by hiring agents and employees are in compliance with the local law and the Petratex Code of Conduct. Code of Conduct Page. 13 of 16

14 Seasonal or periodic suspensions contracts must be reviewed and minimised. The following practices are not acceptable: - Dismissal on a temporary basis; - Dismissal without notice; - Zero hour working contracts; - Improper use of the self-employed status for employees in lower working positions; - False learning The overuse of term contracts, homeworking, subcontracts or hired labour, must not be used to avoid incurring obligations to employees who are under labour laws and social security that come from regular employment relationships Subcontracts The supplier must ensure that all subcontracts are in accordance with the national law, the workplace, the environment, health and safety and the requirements of the Petratex Code of Conduct. The supplier must communicate in their subcontracts the requirements of the Petratex Code of Conduct The supplier must conduct periodic audits for subcontracts to ensure compliance. 9. Employee Treatment and Communication Any form of corporal punishment, mental or physical coercion, verbal abuse, intimidation, sexual harassment or any other forms of intimidation, ill-treatment or inhuman treatment will not be permitted The employer must protect its workers from hostility, verbal or physical harassment, victimisation, discrimination or physical abuse in the workplace, either by the management, colleagues or the general public. A fair disciplinary procedure must be established and fulfilled in all cases of alleged employee misconduct or unsatisfactory performance. The employer must develop a disciplinary and written comments procedure in the workplace to which it must be communicated to workers. The employer must ensure that all communicative comments and disciplinary actions are documented and saved. Code of Conduct Page. 14 of 16

15 A resource channel should be developed and implemented for employees who are the subject of disciplinary action. 10. Management Systems The employer must comply within the local laws of labour, environment, health and safety and the requirements of the Petratex Code of Conduct The employer must follow the most stringent requirements of law and the Petratex Code of Conduct. The employer must conduct periodic internal audits to ensure there is compliance with the law and the Petratex Code of Conduct. The employer must be fully assessed in accordance with the current law and the requirements of the Petratex Code of Conduct. It is the employer's responsibility to demonstrate evidence that they comply within the local laws and the Petratex Code of Conduct The employer should develop a system to ensure compliance with the law and requirements of the Petratex Code of Conduct. This system should include: Assigning responsibilities to staff for their overall performance of work, the environment, health and safety; Responsibility for the person in charge with matters relating to work, the environment, health and safety; Disciplinary actions for breaches of security and work, environment, health and safety rules all documented; Identification of environmental risks and health and safety at work; Identification of the requirements and plans for training; Continuous improvement of work performance, the environment and health and safety The employer must provide training to all new employees, as follows: Code of Conduct Page. 15 of 16

16 Admission training including: work programmes, minimum wages, salary calculation, work days and days off, temporary licenses, workplace rules, dormitory and canteen rules (if any), disciplinary proceedings and complaints procedure. Training for environmental awareness, health and safety including evacuation procedures, general fire prevention, accident reporting, electrical safety and asbestos, handling chemicals, waste management (where applicable). Specific training for work including, intensive training for employees to be able to perform their duties competently. Some examples of specific training for work include training for internal auditing and accident investigation Training records should include the date of training, information on the content of training, trainers and staff who attended the training. 11. Implementation of the Petratex Code of Conduct Implementations and adherence to the Petratex Code of Conduct are a business requirement for all Petratex suppliers. Petratex will continue to work with suppliers who follow the Petratex Code of Conduct and will attempt to improve the standards of the workplace. Where violations are found in the Petratex Code of Conduct, a plan of corrective action will be agreed as well as monitored between the supplier and Petratex. Where corrective action is not implemented, Petratex will continue to review the business deal made with that supplier, even choosing to cancel it. Code of Conduct Page. 16 of 16