Increase Social Protection

1. Child: any person under 15 years of age, unless the minimum age for work or mandatory schooling is higher
by local law, in which case the stipulated higher age applies in that locality

2. Child labour: any work performed by a child younger than the age(s) specified in the above definition of a
child, except as provided for by ILO recommendation 146.

3. Remediation of child labourers: all support and actions necessary to ensure the safety, health, education
and development of children who have been subjected to child labour, as defined above, and whose work
has been terminated.

4. Young worker: any worker under the age of 18 but over the age of a child, as defined above.

The organisation shall not engage in or support the use of child labour as defined above.

The organisation should develop a management system to effectively meet the SA8000 performance requirements for SA8000 1. Child Labour.
1.    Create and Communicate Policies and Procedures
a.    Organisation Planning and Tracking: Under SA8000 1.2, the organisation is required to define its policies/procedures about child labour and young workers, and have a plan in place for the remediation of child labourers in case children are ever found to be working in the organisation. In doing so, the organisation should review guidance for the creation of effective policies and procedures in SA8000 9.1. Policies, Procedures and Records. The organisation should ensure that the complexity and the level of detail in the policy is commensurate with the risk to the organisation. For example, in an industry and location where child labour is highly uncommon, the policy may be a simple statement incorporated within the hiring policy/procedure.
i.       Organisations must have effective procedures (SA8000 9.1.4) to avoid the hiring of children.
Procedures must define the operational controls required to ensure that policy requirements regarding children and young workers are met and the evidence (records) which may be used to demonstrate effective implementation of specified controls (e.g. review of original birth certificate, and/or other proof of age, and copies retained in personnel files). This may involve additional training for managers and/or a program in collaboration with local health workers or school administrators who may be able to assist with identification and monitoring of child workers.
ii.       Any organisation that considers the employment of young workers must have a management-tracking tool for supervising young workers to ensure that their jobs are low risk and their schedule permits them to continue schooling.
iii.       In cases where children are found working, the organisation should immediately remove any child workers from the workplace. However, the organisation also must ensure that the children do not suffer more than if they were to remain working, and that they do not simply return to work at another company. Therefore, the organisation should track and protect former child workers, and enroll them in a long-term program or school until each child reaches the employment age or exceeds compulsory schooling age as required by national legislation, whichever is higher. The organisation should work with the child’s parents and local social service organisations (NGOs, community groups, etc.), if appropriate, to ensure that adequate schooling or day-care facilities are available, or to serve as a catalyst to encourage the provision of such services by local government.
b.    Effective Communication of Policies and Procedures: SA8000 1.2 requires the organisation to effectively communicate its child labour policies and remediation procedures to personnel and other interested stakeholders. The policy should be communicated to all workers, especially any workers below the legal minimum age to work, and their families and local communities. Organisations should refer to section 9.1 Policies, Procedures and Records for guidance on the communication of procedures. Generally, this communication may involve methods such as: translating communications into all relevant languages and distributing them at worksites on and off the organisation’s premises; maintaining a communications contact list of specific interested parties; providing information on the organisation’s website. Informing other interested parties  requires some outreach or accessibility to relevant child welfare organisations, governmental, and NGO representatives.
c.    Remedial and Financial Support: The need to protect children from exploitative conditions must be balanced with the risk of taking precipitous action(s) that could harm the children or significantly worsen their overall welfare. Any children found working should not simply be dismissed; rather, they should be taken out of work and immediately enrolled in a remediation program, as prescribed by the national legislation and the intent of SA8000. SA8000 1.2 therefore requires the organisation to provide financial and other support to enable children removed from the workforce to attend and remain in school until no longer considered a child based on national law. This requirement is meant to clarify and emphasize that this part of the organisation’s support must address issues that impede a child from going to school.
Providing support may include ensuring that children are able to secure school fees, uniforms, books, etc. In areas where schools or other education services are not available, the organisation’s support efforts may include supporting the establishment and maintenance of a school through partnerships, such as an alliance of local government and NGOs. Support of such services must be verifiable and effective. Other required support could include the hiring of another member from the child’s family to ensure that the family does not lose the income or, if that proves unfeasible, providing for a family stipend to replace a child’s lost wages.
In some countries, national law requires identified child workers to be sent home or transferred to his/her parent or guardian’s custody immediately. If taking this type of action, the organisation should inform and involve government and NGO experts. In some cases, returning children home may be particularly difficult - especially where children are working abroad or are at risk of being sent ou again to other work. In any case, enabling and supporting child workers’ return to school should be the organisation’s primary remedy unless or until repatriation to the family is an equal or better option.

The organisation shall establish, document, maintain and effectively communicate to personnel and other interested parties, written policies and procedures for remediation of child labourers, and shall provide adequate financial and other support to enable such children to attend and remain in school until no longer a child as defined above.

The organisation may employ young workers, but where such young workers are subject to compulsory education laws, they shall work only outside of school hours. Under no circumstances shall any young worker’s school, work and transportation time exceed a combined total of 10 hours per day, and in no case shall young workers work more than 8 hours a day. Young workers may not work during night hours.

SA8000 1.3 permits organisations to employ young workers under certain circumstances.
a.    Hours for Young Workers: Under SA8000 1.3, organisations must ensure that young workers’ school, work, and transportation time do not exceed a combined total of 10 hours per day under any circumstances. Convention 33, Article 3C, limits the amount of work young workers can do to no more than 2 hours daily on school days or holidays, and sets the total number of hours spent at school and on work to no more than 7 per day. SA8000 has additional provisions that apply to all young workers still subject to compulsory school laws. One sets a daily work limitation of no more than 8 hours. The result is that the 8 hour rule applies only to non-school and non-holiday days. SA8000 also imposes a “10-hour rule” as the total permitted number of hours spent at school and work, which also includes transportation time to and from school, work and home.
In addition, as noted by SA8000 1.3, organisations must ensure that young workers never work night hours. The standard permits the use of national labour codes to determine the definition of night hours, subject to ILO provisions if they are more stringent. Convention 33 states that night is “a period of at least 12 consecutive hours comprising the interval between 8 pm and 8 am.”  ILO conventions do not permit young workers to work after nightfall.
In order to ensure that it is following these requirements, the organisation should maintain special schedules and duties for young workers.
Apprenticeship or on-the-job training programs
Organisations must ensure that any such programs do not in any way abuse the rights of young workers. Young workers cannot be paid less than adults for the same type and amount of work. The organisation should maintain accurate payroll records to ensure that young workers receive equal pay for equal work. Any apprenticeship schemes should be for a defined period of time with structured oversight by, or registration with, a government agency, or by an alternative competent and credible authority where government registration and oversight is not required. In countries where local laws permit the payment of stipends or lower pay during an apprenticeship period or training program, the organisation must ensure that it meets the specific conditions of the law and has systems in place to ensure the protection of young workers’ rights. Apprenticeship schemes should not be used for extended periods of time to substitute for full-time work. The organisation therefore should routinely monitor young workers’ progress to ensure that the intended job skills are being acquired through the apprenticeship program.
 

The organisation shall not expose children or young workers to any situations – in or outside of the workplace – that are hazardous or unsafe to their physical and mental health and development.

SA8000 1.4 requires organisations to ensure that young workers are not exposed to any hazardous or unsafe conditions in and outside the workplace.
a.    Physical and Mental Health and Development: Organisations should not expose young workers,
whether on site or off site, to any situation or activity that is hazardous or unsafe to the totality of their physical and mental health and development. This broader restriction requires the organisation to protect young workers at all times and never involve them in any activity or experience that could damage their health or mental and moral development. This language requires the organisation to ensure that young workers are only engaged in age-appropriate work, work sites and activities. Organisations are required to protect these workers’ moral and ethical needs, in addition to their physical and mental ones.
b.    In addition to the types of hazards at work listed under the section on health and safety (SA8000 3.
Health and Safety) organisations must ensure that young workers, including those still below the legal school-leaving age of a state or locality (whether attending school or not), do not engage in the following hazardous activities: heavy lifting disproportionate to their size; operating heavy machinery; working the night shift; any exposure to toluene, lead or other toxic chemicals; manufacture of weapons; contact with products which glorify violence and/or are pornographic; and any other activity which is likely to jeopardize the physical or mental health and development of young workers.
 

1. Forced or compulsory labour: All work or service that a person has not offered to do voluntarily and is made to do under the threat of punishment or retaliation or that is demanded as a means of repayment of debt.
2. Human trafficking: The recruitment, transfer, harbouring or receipt of persons, by means of the use of threat, force, deception or other forms of coercion, for the purpose of exploitation.

The organisation shall not engage in or support the use of forced or compulsory labour, including prison labour, as defined in Convention 29, shall not retain original identification papers and shall not require personnel to pay ‘deposits’ to the organisation upon commencing employment.

Organisations must ensure workers’ freedom of movement. Workers must be able to leave their place of work at the end of a standard work day or shift (e.g. 8 hours). Workers are not to be forced to remain at the work premises to work overtime hours. This ensures that all overtime hours are voluntary. Organisations may not lock workplace doors nor allow barriers to the free use of the exit doors of work premises. Workers cannot be locked into their workplace and must be able to leave if necessary (e.g. in case of danger or threat to their person). This frequently reported problem often involves such practices as locking the workplace door from the outside, or accumulation of work product, work materials or equipment in front of an exit door. In addition to the obvious safety threat this causes, it also denies workers the right to perform their work voluntarily. Workers must also have appropriate freedom to leave their workstation for specific purposes, such as a bathroom break, a hydration break or to access medical attention.
Training
Organisations and their workers may establish arrangements, preferably through collective agreements, in which the organisation pays for personnel to obtain training or an advanced educational degree on the condition that the worker work for the organisation for a certain number of years. This is not considered forced labour if both parties voluntarily agree to the terms, which must be in writing, signed and clearly understood by the worker, and there are no conditions under which the worker would be forced to remain in employment with the organisation against his or her will. The funds expended by the organisation for training are similar to a loan; as with any loan, both the lender and the borrower incur risks in the undertaking. The risks to the worker cannot, however, result in any form of debt bondage, or forced or compulsory labour. This means that the worker can default on the loan, risking only what is reasonable to expect or is defined in the contract in terms of civil liabilities. The organisation is responsible for all costs for a worker’s job-related training, so repayment of such costs is not a condition of a worker’s departure from the organisation.
 
 

The organisation shall not engage in or support the use of forced or compulsory labour, including prison labour, as defined in Convention 29, shall not retain original identification papers and shall not require personnel to pay ‘deposits’ to the organisation upon commencing employment.

Neither the organisation nor any entity supplying labour to the organisation shall withhold any part of any personnel’s salary, benefits, property or documents in order to force such personnel to continue working for the organisation.

 Withholding Documents
The organisation should provide workers a secure place that they can freely access to keep their valuables and personal documents. The organisation cannot require workers to transfer their original identification papers to the organisation under any circumstances, even under claims that they are “protecting” the documents for the workers. Such documents may be passports, birth certificates, religious records of age, work or residence permits, travel documents or any other documents that may have legal impact on workers’ legal status, freedom to travel or change jobs. Organisations may not hold workers’ original identification documents by seeking workers' consent to any part of this prohibition. Similarly, organisations may not require or seek to influence workers to sign voluntary letters allowing the organisation to hold worker’s original identification papers. Even if workers reportedly consent, such actions are prohibited under SA8000. Withholding workers’ original identification documents and establishing a system to allow the worker to retrieve them quickly is nevertheless considered forced labour. The time needed to retrieve the documents is irrelevant, because workers are denied freedom of mobility if they must apply to their employer for access to their personal papers.

Neither the organisation nor any entity supplying labour to the organisation shall withhold any part of any personnel’s salary, benefits, property or documents in order to force such personnel to continue working for the organisation.

The organisation should provide workers a secure place that they can freely access to keep their valuables and personal documents. The organisation cannot require workers to transfer their original identification papers to the organisation under any circumstances, even under claims that they are “protecting” the documents for the workers. Such documents may be passports, birth certificates, religious records of age, work or residence permits, travel documents or any other documents that may have legal impact on workers’ legal status, freedom to travel or change jobs. Organisations may not hold workers’ original identification documents by seeking workers' consent to any part of this prohibition. Similarly, organisations may not require or seek to influence workers to sign voluntary letters allowing the organisation to hold worker’s original identification papers. Even if workers reportedly consent, such actions are prohibited under SA8000. Withholding workers’ original identification documents and establishing a system to allow the worker to retrieve them quickly is nevertheless considered forced labour. The time needed to retrieve the documents is irrelevant, because workers are denied freedom of mobility if they must apply to their employer for access to their personal papers.

The organisation shall ensure that no employment fees or costs are borne in whole or in part by workers.

Debt Bondage
As noted above, organisations are prohibited from engaging in any form of debt bondage. For this reason, organisations are prohibited from requiring workers to pay any employment fees or costs in whole or in part.

The organisation shall ensure that no employment fees or costs are borne in whole or in part by workers.

As noted above, organisations are prohibited from engaging in any form of debt bondage. For this reason, organisations are prohibited from requiring workers to pay any employment fees or costs in whole or in part.

Personnel shall have the right to leave the workplace premises after completing the standard workday and be free to terminate their employment provided that they give reasonable notice to their organisation.

 Freedom of Movement
Organisations must ensure workers’ freedom of movement. Workers must be able to leave their place of work at the end of a standard work day or shift (e.g. 8 hours). Workers are not to be forced to remain at the work premises to work overtime hours. This ensures that all overtime hours are voluntary. Organisations may not lock workplace doors nor allow barriers to the free use of the exit doors of work premises. Workers cannot be locked into their workplace and must be able to leave if necessary (e.g. in case of danger or threat to their person). This frequently reported problem often involves such practices as locking the workplace door from the outside, or accumulation of work product, work materials or equipment in front of an exit door. In addition to the obvious safety threat this causes, it also denies workers the right to perform their work voluntarily. Workers must also have appropriate freedom to leave their workstation for specific purposes, such as a bathroom break, a hydration break or to access medical attention.

Personnel shall have the right to leave the workplace premises after completing the standard workday and be free to terminate their employment provided that they give reasonable notice to their organisation.

Organisations are prohibited from making workers sign advance resignation letters upon joining the organisation or commencing their employment. This practice is not acceptable under SA8000 because it forces the worker to sign a letter that they do not necessarily want to sign and in many cases could be interpreted as the worker waiving his or her rights to disciplinary processes, legal severance payments, unemployment benefits, and other aspects of fair employment.
If an organisation asks a resigning worker to continue work for an additional period to enable the organisation to find a replacement, the worker must have the ability to decline the request; the organisation cannot require or force the worker to work for a longer period. In some countries, it is common practice for a worker to give notice within a certain amount of time, for example, two weeks; this is normally part of previously voluntarily agreed-upon contract terms. If the organisation demands that a worker continue to work until a replacement for the position is found, regardless of the time required to locate a replacement, the organisation is not in compliance with SA8000.
The exact number of days required for the worker to give reasonable notice to terminate employment varies by state, locality, industry or other aspects of the employment. The time period required may also be stated in worker’s contract or collective bargaining agreements. Providing the worker gives reasonable notice, then that worker should be able to leave on good terms with the employer. Under SA8000, the organisation cannot refuse to allow a worker to leave under any circumstances (for example, by withholding wages for past work or holding on to travel documents until the organisation has found a replacement).

Neither the organisation nor any entity supplying labour to the organisation shall engage in or support human trafficking.

Private Employment Agencies
Organisations should conduct due diligence of any entities that supply labour to make sure that they do not create circumstances that may make workers vulnerable to forced or compulsory labour. Organisations should ensure that such entities have effective policies and procedures to prevent workers from being charged fees or expenses to obtain employment. The organisation should also review the labour practices of directly subcontracted/purchased goods and services (for example, entities that supply materials, goods, transportation services, security services, cleaning services, or food preparation services).

Neither the organisation nor any entity supplying labour to the organisation shall engage in or support human trafficking.

The prohibition against trafficking is broad and total. The organisation and its suppliers cannot be part of any stage of trafficking. They cannot act as the recruiter, the transferor, intermediary, holder, or as the receiver of those who have been trafficked for the purposes of work. This covers the organisation’s use of every type of provider of trafficked labour whatever they may be called, such as labour contractors or employment agents.
Private Employment Agencies
Organisations should conduct due diligence of any entities that supply labour to make sure that they do not create circumstances that may make workers vulnerable to forced or compulsory labour. Organisations should ensure that such entities have effective policies and procedures to prevent workers from being charged fees or expenses to obtain employment. The organisation should also review the labour practices of directly subcontracted/purchased goods and services (for example, entities that supply materials, goods,
transportation services, security services, cleaning services, or food preparation services).
 

Organisations are prohibited from making workers sign advance resignation letters upon joining the organisation or commencing their employment.

Resignation Letters
Organisations are prohibited from making workers sign advance resignation letters upon joining the organisation or commencing their employment. This practice is not acceptable under SA8000 because it forces the worker to sign a letter that they do not necessarily want to sign and in many cases could be interpreted as the worker waiving his or her rights to disciplinary processes, legal severance payments, unemployment benefits, and other aspects of fair employment.
If an organisation asks a resigning worker to continue work for an additional period to enable the organisation to find a replacement, the worker must have the ability to decline the request; the organisation cannot require or force the worker to work for a longer period. In some countries, it is common practice for a worker to give notice within a certain amount of time, for example, two weeks; this is normally part of previously voluntarily agreed-upon contract terms. If the organisation demands that a worker continue to work until a replacement for the position is found, regardless of the time required to locate a replacement, the organisation is not in compliance with SA8000.
The exact number of days required for the worker to give reasonable notice to terminate employment varies by state, locality, industry or other aspects of the employment. The time period required may also be stated in worker’s contract or collective bargaining agreements. Providing the worker gives reasonable notice, then that worker should be able to leave on good terms with the employer. Under SA8000, the organisation cannot refuse to allow a worker to leave under any circumstances (for example, by withholding wages for past work or holding on to travel documents until the organisation has found a replacement).

The prohibition against trafficking is broad and total. The organisation and its suppliers cannot be part of any stage of trafficking.

The prohibition against trafficking is broad and total. The organisation and its suppliers cannot be part of any stage of trafficking. They cannot act as the recruiter, the transferor, intermediary, holder, or as the receiver of those who have been trafficked for the purposes of work. This covers the organisation’s use of every type of provider of trafficked labour whatever they may be called, such as labour contractors or employment agents.

Organisations and their workers may establish arrangements, preferably through collective agreements, in which the organisation pays for personnel to obtain training or an advanced educational degree on the condition that the worker work for the organisation for a certain number of years. This is not considered forced labour if both parties voluntarily agree to the terms, which must be in writing, signed and clearly understood by the worker, and there are no conditions under which the worker would be forced to remain in employment with the organisation against his or her will. The funds expended by the organisation for training are similar to a loan; as with any loan, both the lender and the borrower incur risks in the undertaking. The risks to the worker cannot, however, result in any form of debt bondage, or forced or compulsory labour. This means that the worker can default on the loan, risking only what is reasonable to expect or is defined in the contract in terms of civil liabilities. The organisation is responsible for all costs for a worker’s job-related training, so repayment of such costs is not a condition of a worker’s departure from the organisation.

The organisation shall treat all personnel with dignity and respect. The organisation shall not engage in or tolerate the use of corporal punishment, mental or physical coercion or verbal abuse of personnel. No harsh or inhumane treatment is allowed.

Purpose of Disciplinary Actions
SA8000 recognizes that disciplinary measures are necessary for organisations to maintain orderly operations. Implementation of the standard criteria related to disciplinary practices begins with the premise that the primary objective of such measures should be to enable organisations to promote a high standard of personnel conduct and performance, not to punish, humiliate, or intimidate personnel. Disciplinary actions should not be taken as retaliation against any worker for submitting a grievance or complaint in the workplace.
Progressive Course of Action
In not tolerating corporal punishment, mental or physical coercion, verbal abuse, harsh or inhumane treatment, SA8000 implicitly encourages a progressive course of respectful disciplinary action aimed at remediating unacceptable behaviour or performance, beginning with verbal or written warnings before more serious disciplinary action is taken.
Alternative Discipline Methods
Alternative disciplinary methods that fully respect worker’s basic rights and dignity are permitted under SA8000. An acceptable progression of alternative disciplinary methods may be as follows:
a.    In the case of minor infractions, managers may use an oral warning to notify the worker that his/her conduct or level of performance is unacceptable.
b.    If the unsatisfactory performance or conduct continues or becomes more serious, managers may issue a written warning identifying the details of the infraction that led to the warning. The written warning may also contain a request for corrective action, a timeline for correction, and the consequences if the worker fails to comply with the request.
c.    If the worker fails to improve, the manager may issue a final written warning, which may specify the
continued misconduct or poor performance by the worker and may note the possibility of suspension or even dismissal.
d.    As a last resort, management of the organisation may suspend, demote, or dismiss a worker. The worker, however, should be given the opportunity to appeal the decision before such action is taken.
e.    Organisations should maintain disciplinary records (per SA8000 9.1.6). Records should detail violations of organisational policies/requirements warranting disciplinary action and all subsequent actions/outcomes, (including details of disciplinary measures imposed; monitoring/follow-up actions undertaken and the basis for, and outcomes of, appeals).
 Worker’s Rights in the Disciplinary Process
When the organisation takes disciplinary action, the worker should have access to the details of the allegations (or infractions) and have the right to respond to and/or appeal any disciplinary decisions without any negative repercussions. Workers should also have the right to consult with and be represented either by a trade union or by their selected representative(s) when evaluating and contesting disciplinary decisions.
Additionally, to promote the fairness and effectiveness of disciplinary procedures and actions, the organisation should provide workers with channels to express their concerns and seek redress of their grievances through a complaint management system (see 9.6 Complaint Management and Resolution).
Non-Discriminatory Practices
If disciplinary measures are required, the organisation should apply them consistently and fairly among all personnel. Personal characteristics, such as race, gender, territorial origin, religion, etc. should not influence/impact the investigation process, or the nature/severity of any potential disciplinary action (see SA8000 5. Discrimination).
Disciplinary Fines and Deductions
As noted above, the organisation is not permitted to impose disciplinary fines or deductions unless specific additional requirements are met. (SA8000 8.2 refers).

1. Collective bargaining agreement: A contract specifying the terms and conditions for work, negotiated between the organisation (e.g. employer) or group of employers and one or more worker organisation(s).
2. Worker organisation: An autonomous voluntary association of workers organised for the purpose of furthering and defending the rights and interests of workers.

1.    Working Hour Recording System
The organisation should maintain time cards or another record of working hours, including overtime for all workers (permanent, contracted, or temporary), whether they are paid by the piece or by the hour, to ensure accurate monitoring of workers’ working hours. Workers should personally record time they begin and end their workday (e.g. punch in and out) to ensure that the inputs for working hours records are accurate and they understand their working hours. The organisation can then monitor hours to ensure they are within the limits, and can calculate wages accurately.
2.    Voluntary Overtime
Voluntary overtime is a key tenet of this requirement of SA8000. The organisation should, therefore, ensure that agreements related to working hours between management and workers and communication about overtime are clear about this requirement.
3.    Hours Averaging
Work time averaging is permitted to address irregular working hour requirements only when allows by national law and a collective bargaining agreement. In these cases, hours may be averaged over a selected period of two or more weeks and can add up to more than 48 hours in a particular week, and less than 48 hours in another week. Some countries and some industries allow for the averaging of overtime hours, such that monthly or weekly limits can be extended, provided the monthly or weekly average over a specified period of time does not exceed the prescribed limits. SA8000 7.1 and 7.3 limit working time to a maximum regular working week of 48 hours plus 12 hours overtime per week. The exception in 7.2 only provides flexibility on whether or not workers will work more than six days in a row without a day off.
4.    Non-Voluntary Overtime
Only when prescribed national law and collective bargaining agreement requirements of 7.4 are met may the organisation demand non-voluntary overtime. Even in such cases, the organisation is still subject to regular and overtime hours requirements set by other clauses of SA8000 (per law, but not to exceed 48
and 12 hours per week respectively).
 

The organisation shall comply with applicable laws, collective bargaining agreements (where applicable) and industry standards on working hours, breaks and public holidays. The normal work week, not including overtime, shall be defined by law but shall not exceed 48 hours.

Personnel shall be provided with at least one day off following every six consecutive days of working. Exceptions to this rule apply only where both of the following conditions exist: a. National law allows work time exceeding this limit; and b. A freely negotiated collective bargaining agreement is in force that allows work time averaging, including adequate rest periods.

All overtime work shall be voluntary, except as provided in 7.4 below, shall not exceed 12 hours per week and shall not be requested on a regular basis.

In cases where overtime work is needed in order to meet short-term business demand and the organisation is party to a freely negotiated collective bargaining agreement representing a significant portion of its workforce, the organisation may require such overtime work in accordance with such agreement. Any such agreement must comply with the other requirements of this Working Hours element.