Assessment date: 09/06/2014 (dd/mm/yyyy) Country: Nicaragua ISIC: C (Manufacturing) - 14 (Manufacture of wearing apparel) Compliance Assessment Report Kaltex Argus S.A 10/07/2014 (dd/mm/yyyy) Data Sets: 3891, 6617 Copyright Better Work on date of publication This publication contains confidential, proprietary and privileged information intended solely for the use, in whole or in part, of those with explicit written permission from Better Work. This report may only be distributed by Better Work. Better Work cannot guarantee the authenticity of the report if received through any other means.
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Assessment date: 09/06/2014 (dd/mm/yyyy)
Country: Nicaragua
ISIC: C (Manufacturing) - 14 (Manufacture of wearing apparel)
Compliance Assessment ReportKaltex Argus S.A
10/07/2014 (dd/mm/yyyy)
Data Sets: 3891, 6617
Copyright Better Work on date of publication This publication contains confidential, proprietary and privileged information intended solely for the use, in whole or in part, of those with explicit written permission from Better Work. This report may only be distributed by Better Work. Better Work cannot guarantee the authenticity of the report if received through any other means.
Better WorkCompliance Assessment Report
Supplier Name: Kaltex Argus S.ASupplier Address: Shell Guapinol 1.8 km al Norte.
GPS Coordinates: N/AAssessment date: 09/06/2014 (dd/mm/yyyy)
Total number of assessment reports (including this one):
2
This compliance report includes information about this factory’s compliance performance at the time of the Better Work assessment. The key compliance results are explained in more detail on the following pages.
The findings presented in this report provide indication of changes in the factory’s level of compliance since Better Work’s initial assessment of the facility.
Previous assessment(s): 13/02/2013 (dd/mm/yyyy)
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Table of Contents
1. Summary of findings2. Factory and visit information
3. Detailed findings
4. Annex 2 - Non-compliance rates
5. Annex 3 – Better Work Assessment, Advisory and Training Process
1. Summary of findings
Table 1 – Summary of findings
Compliance cluster Compliance point Issue
Contracts and Human Resources
Dialogue, Discipline and Disputes
Bullying, harassment or humiliating treatment of workers
Occupational Safety and Health
Chemicals and Hazardous Substances
Labelling of chemicals and hazardous substances
Storage of chemicals and hazardous substances
Training workers who work with chemicals and hazardous substances
Health Services and First Aid
Annual free health checks for workers who are exposed to work-related hazards
First-aid training for workers
Welfare Facilities Workplace cleanliness
Worker Protection Providing workers with personal protective clothing and equipment
Working Environment Workplace noise levels
Working Time Overtime Limits on overtime hours worked
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2. Factory and visit information
The following table includes general information on the factory and information on the assessment process integrity.
Table 2 – Factory and visit information
Q # Question AnswerQ1 Provide the titles of the management staff interviewed.
1. Maria Elena Bendana, Human Resources Manager
2. Ana Brown, OHS Manager.
3. Rosa Esteban Urbina Miranda, Environmental Management.
4. Fabian Franklin Melendez Obando, Legal Advisor.
5. Abel Gomez Estrada, Payroll Assistant.
6. Fernando Gonzalez, OHS
Q2 Was the assessor's access to the enterprise unreasonably restricted? No
Q3 How many person days were spent on the assessment visit?4
Q4 Were documents provided in a timely manner?Yes
Q5 How many workers/ union leaders/ worker representatives were interviewed? A total of 30 workers were interviewed:
10 Union Leaders
8 Pregnant Workers
12 Workers
Q6 Describe any significant concerns about process integrity.None
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Q # Question AnswerQ7 Key strengths
The factory implements good practices, and grants extra benefits to workers. The most important of these being:
1. There is a Cooperative offering access to benefits for workers and their dependents (featuring items such as: an interest-free loan plan available to all members of the cooperative, school supplies for children with favorable prices and payment terms, among others).
2. The factory complies with the Free Zone Tripartite Agreement regarding the sale of subsidized basic food items to workers at better rates than those available in the market in terms of price, payment terms and products.
3. activities of health promotion eg: Health Week
4. Bonus for assistance
5. Access to a medical clinic inside the workplace.
6. Program to reduce the use of chemicals in the production process
7. The employer implements an open door policy and workers are able to communicate well with the Human Resources department.
8. Financial aid if a worker dies or family.
9. Financing Medical exams that are not covered by Social Security Institute.
Q8 Briefly describe the interviews with workers, union leaders, and worker representatives. A total of 30 workers were interviewed, including: 15 women /
15 men. Group: 3, Individual: 20. Responses were given spontaneously. The interviews were conducted in the eating area. The selection was made randomly from different areas of the factory, taking into account job positions, risk, gender equity, hierarchy and other inclusive criteria.
Q48 How many of the administrative staff are men?95
Q49 Has the factory received any notices of non-compliance from the labour ministry during last twelve months? The factory has received 2 inspection inspections from the
Ministry of Labor (MITRAB) during the last twelve months.
1. The first inspection was on 14 March 2014, in order to investigate the causes of the incident 12 and March 13, 2014 in the area of small parts, where workers perceived an unpleasant oil odor. According to the investigation, the root cause of the incident was a fault in the welding of the inner pipe of the air compressor.
2. The factory received a notice of non-compliance from the Ministry of Labor (MITRAB) on January 21 2014 . The non-compliance points were:
• workers receive training on electrical hazards.
• The sound pressure level is not within normal parameters
Documents checked: Special Inspection, Re-inspection conducted from MITRAB during the last twelve months.
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Q # Question AnswerQ50 Does the factory use subcontractors to complete all or part of
the production process? The factory declared a printing subcontractors : IRENESA,S.A.
Q51 Does the factory use contractors to provide services at the factory that are not part of the production process? The factory declared two contractors: SECUR,S.A. which
provides security services and Comedor Claudia Maria which provide catering service.
Documents checked: Contract for security services between SECUR,S.A and Kaltex Argus, S.A
Q52 How many probationary workers are employed by the factory?0
Q53 How many of the probationary workers are men?0
Q54 How many total workers are employed by the factory?1752
Q55 How many of the workers are men?1025
Q56 How many administrative staff are employed by the factory?117
Q57 How many of the total workforce are migrant workers?0
Q58 How many of migrant workers are men?0
Q59 How many temporary workers are employed by the factory?0
Q60 How many of the temporary workers are men?0
Q61 How many workers with disabilities are employed by the factory? 50
Q62 How many of the workers with disabilities are men?25
Q63 Does the factory have all required licenses? 1. CNZF (National Free Zone Commission): CNZF-161-01-14
2. DGI (Taxes Administration Register): The factory has a current RUC-J310000108552
3. MITRAB (Ministry of Labor): The OSH license of the factory it is in the process of being updated.
4. MARENA (Ministry of Environmental and Natural Resources): The factoty has a document related to compliance with environmental authorization number DGCA-HEU-C030-02-2010
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Q # Question AnswerQ85 Does the factory employ the legally required proportion of
disabled workers? The factory provided a list of 40 people with disabilities, defined as such by the management's criteria. While the national legislation requires a percentage of 2% of disabled workers within workforces, this factory has 2.2% workers with disabilities.
Workers with disabilities still do not have any certifications or identification documents issued by the Ministry of Health, which is the relevant authority for certifying disabilities and issuing corresponding ID cards to identify workers with disabilities.
Document checked: Disabled workers list provided by the factory.
Q86 Have all accommodations required by national law been made for disabled persons? The factory has made some accommodations required by
national law for people with disabilities.
Q153 For how long is each agreement in force?The Collective Bargaining Agreement (CBA) is in force for two years, from January 07, 2014 to January 07, 2016.
Q154 How many of the strikes were legal?0
Q155 How many of these strikes resulted in some form of violence?0
Q156 How many collective bargaining agreements are in effect in the factory? 1
Q157 How many active unions are there in the factory?5
Q158 How many strikes have there been since the last visit?0
Q159 How many total days were workers on strike since the last visit?0
Q160 How many person days were workers on strike?0
Q161 Why did workers go on strike?0
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Q # Question AnswerQ162 For each active union, provide
• the name of the union,• the number of union members,• the union's affiliation status (affiliated or non-affiliated with a federation or confederation),• the name of the federation or confederation with which it is affiliated, if applicable.
1. Sindicato Carlos Fonseca Amador, 25 members approximately. The Union is affiliated to the Central Sandinista de Trabajadores (CST-ZF).
2. Sindicato Cesar Augusto Sandino, 25 members approximately. The Union is affiliated to the Central Sandinista de Trabajadores (CST-ZF).
3. Sindicato Ernesto Che Guevara, 25 members approximately. The Union is affiliated to the Central Sandinista de Trabajadores (CST-ZF).
4. Autonomo, 150 members approximately. The Union is affiliated to Central Sandinista de Trabajadores Jose Benito Escobar (CST-JBE).
5. Esfuerzo de todos, 100 members approximately. The Union is affiliated to Confederacion de Unificacion Sindical(CAUS).
Q163 What percentage of workers are union members?34%
Q164 Who are the parties to each agreement?The parties are:
For the employer:
1. Manolo Guerra Raven - Chief Financial Officer, Kaltex Argus, S.A.
2. Roberto Bequillar Elizonso - Executive Director, Kaltex Argus, S.A.
3. Franklin Melendez Obando - Legal Adviser, Kaltex Argus, S.A.
For the workers:
1. Lorenzo Lopez Bojorge- General Secretary of Union Ernesto Che Guevara (CST)
2. Victor Raul Gutierrez Gutierrez- Organization Secretary of Union Ernesto Che Guevara (CST).
3. Jose Luis Bonilla, General Secretary of Union Augusto C. Sandino (CST).
4. Rigoberto Ramirez Obando- General Secretary of Union Carlos Fonseca Amador (CST).
Document checked: Agreemento in force from April 07, 2012 to April 07, 2014.
Q165 What percentage of the workforce is covered by each collective agreement? 100%
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Q # Question AnswerQ197 How many work-related accidents have there been in the
factory in the last 12 months? The employer reported 155 work-related accidents between March 2013 and April 2014. 87 of these occurred in the workplace, while the other 68 were commuting accidents. Most of the work-related accidents at the workplace were caused by sharp tools and unsafe use of machines.
Documents: Checked: Accident Record from May 2013 to May 2014.
Q198 Does the employer provide overnight accommodation for workers? No
Q199 Do workers use the machines and equipment safely?Yes
Q200 Do workers use the personal protective equipment that is provided? Most of the workers in the factory use the protective personnel
equipment (PPE) provided to them.
Q201 Does the factory have a written Occupational Safety and Health (OSH) policy? The factory does not have a written OSH policy.
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3. Detailed findings
The following section presents the checklist items for which Enterprise Advisors have recorded comments. It includes all non-compliance findings as well as compliance findings that have comments. The non-compliance findings are identified by the orange column on the left–hand side.
i) Non-compliance findings
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Contracts and Human Resources Dialogue, Discipline and Disputes Q70
Issue Bullying, harassment or humiliating treatment of workers
Question Have any workers been bullied, harassed, or subjected to humiliating treatment?
FindingDuring the assessment, the assessors obtained information from different sources about verbal abuse to which workers from the finished product department are subject to. The complaints and comments include 4 technical supervisors and two heads from the same department. The verbal abuse consists of shouting at workers in public in a degrading manner. Management is already taking actions on this matter.
Legal Reference
Constitution Arts. 26, 36; Labor Code Art. 17
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X
Occupational Safety and Health Chemicals and Hazardous Substances Q203
Issue Labelling of chemicals and hazardous substances
Question Are chemicals and hazardous substances properly labelled?
FindingTwo containers of aproximately one liter each with ink used by the by numerators of the cutting department were not properly labeled during the assessment.
Legal Reference
C170; Law 618 on OSH Arts. 37, 111, 147; Ministerial Standard on OSH in the Garment FTZ, Art 151; OSH Regulation Art. 11 (b); Ministerial Statement Hygiene and Safety Work on Prevention and Fire fighting in the Workplace Art. 36, 37
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Occupational Safety and Health Chemicals and Hazardous Substances Q204
Issue Storage of chemicals and hazardous substances
Question Are chemicals and hazardous substances properly stored?
FindingIn one of the racks of the laundry department, small containers of diesel, thinner and oil used to give maintenance to the racks of this department were found.
Legal Reference
C170; Ministerial Standard on OSH in the Garment FTZ Arts. 108, 109, 110, 123
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X
Occupational Safety and Health Chemicals and Hazardous Substances Q208
Issue Training workers who work with chemicals and hazardous substances
Question Has the employer effectively trained workers who work with chemicals and hazardous substances?
FindingTwo workers from chemical warehouse who handle chemicals have not had training on safe storage, handling, use and disposal of, chemicals and hazardous substances in the workplace.
Documents Checked: Training Records during the last 12 months.
Legal Reference
Law 618 on OSH Arts. 19, 20, 21,22
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X
Occupational Safety and Health Health Services and First Aid Q218
Issue Annual free health checks for workers who are exposed to work-related hazards
Question Do workers who are exposed to work-related hazards receive annual free health checks?
FindingThe employer had medical check-ups for 160 workers in the last twelve months, but not for all workers exposed to work-related hazards.
Document checked: Summary of pathologies periodic medical conducted on January and July 2013.
Legal Reference
C148, R177, R156; Law 618 on OSH Arts. 23-25; Ministerial Standard on OSH in the Garment FTZ , Art. 13(7)
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Occupational Safety and Health Health Services and First Aid Q223
Issue First-aid training for workers
Question Has the employer provided first-aid training for workers?
FindingFirst-aid training was provided for under 2% (20/1090) of the total workforce. Better Work Nicaragua recommends that first-aid training be provided once per year, for at least the 10% of the total workforce, including workers in charge of the first aid boxes and women and men from all areas.
Documents checked: Training Records as follows: First Aid training for 20 workers during the last twelve months, 25 employment files.
Legal Reference
R177; Law 618 on OSH Art. 21; Ministerial Standard on OSH in the Garment FTZ Art. 8(L)
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X
Occupational Safety and Health Welfare Facilities Q240
Issue Workplace cleanliness
Question Is the workplace clean and tidy?
FindingDuring the assessment it was observed that some areas such as cutting and sewing area were not clean and were disorganized. The management informed assessors that this situation is due to the re-adaptation of the areas.
Legal Reference
Law 618 on OSH Arts. 80, 81; Ministerial Standard on OSH in the Garment FTZ Arts. 72-75
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X
Occupational Safety and Health Worker Protection Q245
Issue Providing workers with personal protective clothing and equipment
Question Does the employer provide workers with all necessary personal protective clothing and equipment?
FindingThe employer provides workers with all necessary personal protective clothing and equipment (PPE) in most areas, but workers who operate the biomass boiler (2 workers per shift) do not have the proper protective equipment, such as safety glasses, work clothes, vapor and smoke masks, earplugs or earmuffs.
Documents checked: List of PPE provided to workers during the last two months, purchase order of PPE.
Legal Reference
Law 618 on OSH Arts. 134, 138; Ministerial Standard on OSH in the Garment FTZ Arts. 138-142
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X
Occupational Safety and Health Working Environment Q257
Issue Workplace noise levels
Question Are the noise levels acceptable?
FindingDuring the assessment, assessors conducted measurements in different areas of the factory using technical equipment. It was found that the noise in some areas was higher than allowed by national legislation (85 db). These areas included: around the overlock sewing machines and the ironing area. The employer has provided hearing protections for workers from ironing area.
According to the law, when workers are exposed to noise that exceeds 85 Db, for more than 8 hours, they should use earplugs or earmuffs.
Legal Reference
C148; Law 618 on OSH Art. 121; Ministerial Standard on OSH in the Garment FTZ Arts. 96-98
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Working Time Overtime Q266
Issue Limits on overtime hours worked
Question Is overtime limited to three hours per day and nine hours per week?
FindingDaily working hours are from 7:00 A.M. to 4:30 P.M. from Monday to Friday. The assessors found that workers from finished products in July and October 2013 worked more that 9 hours per week, which exceeds the weekly legal limit.
Documents checked: Documents checked: Payroll for April July 2013 and January, April 2014, working time records for the last twelve months.
Legal Reference
Labor Code Arts. 58, 59
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Child Labour Child Labourers Q9
Question Have you found any workers under the age of 14?
FindingAssessors did not find any workers under the age of 14 and reviewed employment records showed that all workers in the factory are age 18 or older.
Documents checked: 10 Employment files.
Legal Reference
C138; Constitution Art. 71; Convention on the Rights of the Child Art. 32(2); Labour Code Art. 131; Children and Adolescents Code Art. 73
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Compensation Method of Payment Q17
Question Are workers' full wages paid in the manner required?
FindingWages are paid in legal national currency, into individual personal checking accounts, and ATMs are available at the workplace.
Documents checked: Pre- payroll for July 2013 and January 2014, Payroll for April July 2013 and January, April 2014
Legal Reference
Labor Code Art. 86
ii) Additional factory specific information
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X
Compensation Minimum Wages/Piece Rate Wages Q22
Question Does the employer pay piece rate workers correctly for regular hours of work?
FindingThe employer pays piece rate wages correctly for regular hours of work. Even if workers do not produce the required number of pieces in the quota, they do receive the equivalent of the minimum wage. Payments are made weekly and through bank deposits.
Documents checked: Payroll for April July 2013 and January, April 2014
Legal Reference
Labor Code Art. 83; Free Trade Zone Tripartite Agreement, January 20, 2010
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Compensation Minimum Wages/Piece Rate Wages Q24
Question Does the employer pay at least minimum wage for regular hours of work to regular full time workers?
FindingThe employer pays the monthly legal minimum wage for ordinary working hours to workers in all areas of the factory, which is C$3,708.91(for 2013) and C$ 4004.64 for 2014, equivalent to approximately US$155. The employer also pays an additional amount based on production.
Documents checked: Payroll for April July 2013 and January, April 2014
Legal Reference
Labor Code Art. 82; Free Trade Zone Tripartite Agreement, January 20, 2010
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Compensation Wage Information, Use and Deduction Q46
Question Does the employer keep only one accurate payroll record?
FindingThe employer has a single payroll record that shows payments to workers, who are provided with pay stubs. The payroll specifies: The worker's code, production hours, regular hours, total hours, minimum wage, overtime, total overtime, vacations, holidays, holidays worked, bonuses, seventh days, payment adjustments, subsidies, accrued totals, INSS (social security), INSS patronal (% employer pays to social security), union deductions, meal deductions, others, deductions for the cooperative, Total deductions, viaticum and Net pay.
Documents checked: Payroll for April July 2013 and January, April 2014
Legal Reference
Labor Code Arts. 17(l), 91
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Contracts and Human Resources Employment Contracts Q74
Question Do all persons who perform work for the factory, both on the premises and offsite, have a contract?
FindingAll workers who work for the factory have an individual work contract.
Documents checked: 10 Employment files
Legal Reference
Labor Code Art. 23
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X X
Occupational Safety and Health Emergency Preparedness Q210
Question Has the employer elaborated and implemented an emergency plan?
FindingYes. The hand sanding department was not updated due to remodelation.
Document checked: evacuation map.
Legal Reference
Law 618 on OSH Art. 74, 179; Ministerial Standard on OSH in the Garment FTZ Art. 31; NTON 22 001-04 on Fire Protection Art 4.1; NTON 22 003-10 on Fire Protection Emergency Plans Arts. 6 , 7
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X
Occupational Safety and Health Emergency Preparedness Q214
Question Are emergency exits and escape routes clearly marked and posted in the workplace?
FindingYes. One of the hand sanding routes had a temporary signalization due to remodelation.
Documents checked: Evacuation Map, photo taken during the assessment and lay-out.
Legal Reference
Law 618 on OSH Arts. 93, 185; Ministerial Standard on OSH in the Garment FTZ Art. 33; NTON 22 001-04 on Fire Protection Art. 10.2
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X
Occupational Safety and Health Emergency Preparedness Q217
Question Does the employer conduct periodic emergency drills?
FindingThe employer has conducted two evacuation drills in the last twelve months.
Documents checked: Evacuation drill report of firefighters from 10/18/2013 and 04/05/2014
Legal Reference
Law 618 on OSH Art. 21; Ministerial Standard on OSH in the Garment FTZ Art. 32; NTON 22 003-10 on Fire Protection Emergency Plans Art. 7.3
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Occupational Safety and Health OSH Management Systems Q226
Question Has the employer done an initial industrial hygiene risk assessment, a risk map, and annual risk assessments?
FindingThe factory carried out its industrial hygiene risk assessment. However, the risk map needs to be published and disseminated to all workers.
Document checked: Initial industrial risk assessment in February 2013
Legal Reference
Law 618 on OSH Art. 18(4,5), 114, 115; Ministerial Standard on OSH in the Garment FTZ Art. 5
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X
Occupational Safety and Health OSH Management Systems Q233
Question Does the employer investigate work-related accidents and indicate the technical recommendations necessary to prevent them?
FindingAlthough the factory investigates work-related accidents, the Joint OSH Committee is not collaborating in these investigations. In addition, most of the technical recommendations only refer to disciplinary measures. The main purpose of technical recommendations is to prevent the accidents from occurring again, and as every accident is different, the same recommendations will likely not serve to avoid them.
Documents: Checked: Accident Record from May 2013 to May 2014
Legal Reference
Law 618 on OSH Art. 30; Ministerial Standard on OSH in the Garment FTZ Art. 29
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X
Occupational Safety and Health OSH Management Systems Q235
Question Does the factory require contractors and sub-contractors to comply with OSH standards?
FindingDocuments checked: Contract signed between Security Service SECUR,. S.A. and the factory.
Commitment letter from SECUR S.A. and Training Participation letter.
Legal Reference
Law 816 on OSH Arts. 33, 35; Ministerial Standard on OSH in the Garment FTZ Arts. 8(ñ,o), 10,11, 12
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Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X
Working Time Leave Q259
Question Does the employer provide 15 days of annual leave to workers for every six months of continuous service in the factory?
FindingManagement programs annual leave according to production schedules.
Document checked: program of annual leave for Easter week 2014.
Legal Reference
C132; Constitution Art. 82(5); Labor Code Art. 76
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X X
Working Time Overtime Q268
Question Does the employer obtain prior authorization to work overtime from the Ministry of Labor when required?
FindingThere is an agreement between the 5 existing Unions and the Employer of this Factory to work overtime. Management stated that it obtained verbal authorization from the Ministry of Labor.
Documents checked: Payroll for April July 2013 and January, April 2014, working time records for the last twelve months. Special Agreements
Legal Reference
Labor Code Arts. 58, 59
Supporting Information
Interview
Observation
Documentation
Managem
ent
Union
Worker
Other
X X X X
Working Time Regular Hours Q275
Question Does the employer provide a weekly rest day after six consecutive days of work?
FindingDocuments checked: Documents checked: Payroll for April July 2013 and January, April 2014, working time records for the last twelve months.
Legal Reference
Constitution Art. 85(5); Labor Code Art. 64
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4. Annex 2 - Non-compliance rates
Better Work carries out factory assessments to monitor compliance with international core labour standards and national labour law. Better Work highlights non-compliance findings and reports these figures to help factories easily identify areas in need of improvement. Collecting and reporting these data over time will help factories demonstrate their commitment to improving working conditions.
Better Work organizes reporting into eight areas, or clusters, of labour standards. Four of the clusters are based on fundamental rights at work and four are based on national labour lawrelating to working conditions.
Core labour standards: Adopted in 1998, the ILO Declaration on Fundamental Principles and Rights at Work commits Member States to respect and promote principles and rights in four categories, whether or not they have ratified the relevant Conventions. These categories are: freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced labour, the abolition of child labour, and the elimination of discrimination in respect of employment and occupation. The relevant ILO Conventions from which the 1998 Declaration derives—29, 87, 98, 105, 100, 111, 138, and 182—provide the framework for assessing non-compliance in the core labour standards clusters across all Better Work country programmes.
National labour law: The four other clusters monitor compliance with standards primarily set by national law, so they vary from country to country. This set consists of compensation, contracts and human resources, occupational safety and health, and working time.
Each of the eight clusters is divided into its key components, known as “compliance points”. Each of these compliance points contains specific questions that may vary from country to country. The detailed list of compliance points appears in the table below. Table 3 presents all 38 compliance points that are the basis for Better Work's assessment protocol. Depending on national labour law certain compliance points may not be covered.
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Table 3 – Detailed list of all Better Work compliance pointsCompliance Clusters Compliance Points
Co
re L
abo
ur
Sta
nd
ard
s
1. Child Labour 1. Child Labourers2. Unconditional Worst Forms3. Hazardous Work4. Documentation and Protection of Young Workers
2. Discrimination 5. Race and Origin6. Religion and Political Opinion7. Gender8. Other Grounds
3. Forced Labour 9. Coercion10. Bonded Labour11. Forced Labour and Overtime12. Prison Labour
4. Freedom of Association and Collective Bargaining
13. Union Operations14. Interference and Discrimination15. Collective Bargaining16. Strikes
Wo
rkin
g C
on
dit
ion
s
5. Compensation 17. Minimum wages18. Overtime wages19. Premium Pay20. Method of Payment21. Wage Information, Use and Deduction22. Paid Leave23. Social Security and Other Benefits
6. Contracts and Human Resources
24. Employment Contracts25. Contracting Procedures26. Termination27. Discipline and Disputes
7. Occupational Safety and Health
28. OSH Management Systems29. Chemicals and Hazardous Substances30. Worker Protection31. Working Environment32. Health Services and First Aid33. Welfare Facilities34. Worker Accommodation35. Emergency Preparedness
8. Working Time 36. Regular Hours37. Overtime38. Leave
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On the basis of this classification, Better Work calculates a factory’s non-compliance rate, which consists of the number of compliance points found to be violated by the factory at a given time, as a percentage of the total number of compliance points within a cluster. A compliance point is found to be violated if even one question is found in non-compliance. The non-compliance rate is useful for Better Work to aggregate and compare data across countries.
The following two graphs present non-compliance rates for Core Labour Standards clusters and Working Conditions clusters.
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Current (as at 09/06/2014) non-compliance rates for core labour standards clusters:
Cluster
# of NC compliance
points
Total # of compliance
pointsNon-compliance
rateChild Labour 0 4 0%
Discrimination 0 4 0%
Forced Labour 0 4 0%
Freedom of Association and Collective Bargaining
0 4 0%
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Current (as at 09/06/2014) non-compliance rates for working conditions clusters:
Cluster
# of NC compliance
points
Total # of compliance
pointsNon-compliance
rateCompensation 0 6 0%
Contracts and Human Resources 1 4 25%
Occupational Safety and Health 5 8 63%
Working Time 1 3 33%
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Table 4 – Non-compliance counts and rates
Date of most recent assessment
Date of previous assessment
Programme industry rate, as at:
10/07/14(dd/mm/yyyy)
05/04/13(dd/mm/yyyy)
10/07/2014(dd/mm/yyyy)
Count/(total CPs)
Rate Count/(total CPs)
Rate Rate
Compensation 0/6 0.00% 0/6 0.00% 13.58%
Contracts and Human Resources 1/4 25.00% 2/4 50.00% 28.70%
Occupational Safety and Health 5/8 62.50% 6/8 75.00% 76.85%
Working Time 1/3 33.33% 0/3 0.00% 35.80%
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5. Annex 3 – Better Work Assessment, Advisory and Training Process
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