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Introduction The purpose of this model code is to assist your company in promoting international labour standards and the inclusion of trade union rights in codes of conduct covering labour practices. It is also meant to encourage the use of uniform language in codes of conduct. This model code can also assist your company in negotiations with trade union organisations and it can be used as a benchmark for evaluating any code of labour practice your company may already have adopted. This code is based on the Basic Code of Labour Practice drawn up by the ICFTU the International Confederation of Free Trade Unions (www.icftu.org) which was adopted after extensive consultations with various trade union organisations and with other interested parties. Its objective is to establish a minimum list of standards that should be included in all codes of conduct covering labour practices. It is not meant, and should not be interpreted to mean, that codes of conduct that are the result of an agreement reached via collective bargaining with an appropriate trade union organisation are to be limited to the provisions of this code. Background and instructions FMO adopted a social policy in 2000 as part of its overall sustainability policy. In doing so, FMO seeks to ensure that its clients observe international labour standards in order to guarantee a minimum level of social responsibility of its investments. FMOs social policy is based on adherence to various international agreements1 and on internationally recognised labour standards, within the framework of the International Labour Organisation (ILO). The full text of all ILO conventions2 with an overview of all conventions signed and ratified by all countries, can be found at: http://webfusion.ilo.org/public/db/standards/normes/appl/index.cfm?lang=EN
The Universal Declaration of Human Rights, the United Nations Convention to Eliminate All Forms of Discrimination Against Women and the United Nations Convention on the Rights of the Child. 2 Instructions for use: Click on by country (top left corner), then click on continent and on country; or Click on by convention (top left corner); all conventions will then appear in the left-hand column; Click on the number of the convention; the title of the convention will then appear on the righthand side of the screen; Click on the title and the full text will appear (text also available in French and Spanish).
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Wages and benefits paid for a standard working week shall meet at least the legal or industry minimum standards and shall always be sufficient to meet basic needs of workers and their families and to provide some discretionary income. Deductions from wages for disciplinary measures shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the express consent of the worker concerned. All workers shall be provided with written and understandable information about the conditions in respect of wages before they enter employment. They shall also be given the particulars of their wages for the pay period concerned each time that they are paid. HOURS OF WORK ARE NOT EXCESSIVE Hours of work shall comply with applicable laws and industry standards. Workers shall in any case be required to work in excess of 48 hours per week on a regular basis and shall be provided with at least one day off in every 7 day period. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be required to be worked on a regular basis, and shall always be compensated for at a premium rate. WORKING CONDITIONS ARE DECENT A safe and hygienic working environment shall be provided and best occupational health and safety practice shall be promoted, bearing in mind the prevailing state of knowledge within the industry and of any specific hazards. Physical abuse, threats of physical abuse, unusual punishments or discipline, sexual and other harassment, and intimidation by the employer are strictly prohibited. THE EMPLOYMENT RELATIONSHIP IS ESTABLISHED Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment. Younger workers shall be provided with the opportunity to participate in education and training programmes. RETRENCHMENT PROCESSES WILL BE TRANSPARENT AND FAIR When considering making changes in its activities which will have significant effects on the employment situation (for example reorganisation, merger, take-over or transfer of production), the company shall inform the relevant authorities and employee representatives and trade unions a reasonable time in advance. The basic principle shall be that the consequences should be considered jointly in order to minimise the negative effects as much as possible. This is of particular importance if a branch is to be closed, resulting in collective redundancy or dismissal. The management shall as far as possible inform the interested parties before the definitive decision is taken. If applicable 6. Contractors and subcontractors shall undertake to support and co-operate in the implementation and monitoring of this code by: providing Biwater Pty Ltd with relevant information concerning their operations; permitting inspection of their workplaces and operations by approved inspectors at any time; maintaining records of the name, age, hours worked and wages paid for each worker and making these available to approved inspectors on request; informing the workers concerned, verbally and in writing, of the provisions of this Code; refraining from disciplinary action, dismissal or otherwise discriminating against any worker for providing information concerning observance of this code.
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7. Contractors and subcontractors found to be in breach of one or more terms of the code shall lose the right to provide services to or produce or organise production of goods for Biwater (Pty) Ltd. 8. Questions as to the interpretation of the meaning of the provisions of the code shall be resolved according to the procedure outlined in the (name of implementation and monitoring agreement between the company and trade union and any other organisations). 9. The provisions of this code constitute only minimum standards. Biwater Pty Ltd does not intend, will not use, and will not allow any contractor, subcontractor, principal supplier or licensee to use these minimum standards and conditions as maximum standards or as the only conditions permitted by Biwater Pty Ltd or to serve as the basis for any claim as to what standards or conditions of employment should be provided. Social Management System For concrete elaboration of this Code of Conduct, please refer to the FMO outline for a Social Management System.