A Workplace Legal issues & Buyers Requirements
Concept of Compliance: On the other hand, in ISO terms, ‘Compliance to regulations, compare with conformance’.So, enterprises/facilities/industries of all sizes can ensure supplier, operational and regulatory compliance to down risk, increase opportunity and realize the full potential of agreements, transactions and contracts.Three criteria are essential in compliance: -
i) Effective Corporate Controls
ii) Transparent Processes and Efficient Audits
iii) Timely Disclosures
Emergence of Compliance:
Since, 2005 the Quota free system started in the RMG industry and at the same time international buyers are pressurizing on the issue of Compliance. Before placing the orders at the factory buyers are auditing the factories to assess the labour standards and meeting whether or not they are-employment conditions, working conditions, occupational safety and health, industrial relation and management systems exactly to the words.
There is no fundamental deference between and among the code of conducts of various brands. All these codes lend themselves to, in one way or another; the ILO declaration on fundamental principals and rights at work and the requirements lead down in national law.
To be regarded as a compliant one, a garment industry generally is demanded the application and fulfillment of the country laws and regulations, international laws and/or ILO conventions being ratified by the government, the buyers¢ requirements and/or international best practices. It is said that 85% of the requirement/code of conduct of all buyers are being fulfilled of the country’s laws and ILO conventions being ratified by the Government are applied and/or executed fully. So, the emerging and considering points are as follows:
· Country laws and regulations
· International laws and/or ILO conventions being ratified by the government
· Buyers’ code/requirements
· International best practices
Types of Compliance:
A. Social Compliance
B. Technical Compliance
C. Country of Origin (C/O) / Illegal Trans-shipment
D. C-TPAT
Social Compliance
Social Compliance is a measure of an organization’s commitment to its stated principles to maintain the social, ethical and environmental impacts of an organizations activities to ensure the workplace basic /fundamental rights of workers which supported by the labour laws, ILO Conventions and international best practices. Now a day’s buyers are too rigid to maintain CoC at the suppliers’ facility/industry. There are different types of Social Compliance these are discussed in the below: -
Employment Conditions:
1. Forced Labor: All forms of force labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.
2. Discrimination: The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
3. Classification of workers:
i). Apprentice: Means a learner who is paid an allowance during the period of his training.
ii).Badli: A worker who is appointed in the post of a permanent worker or of a probationer who is temporary absent.
iii). Casual: Means a worker whose employment is of casual nature.
iv). Permanent: Means a worker who has been engaged on a permanent basis or who has satisfactorily completed the period of his probation in the shop or the commercial or industry establishment.
v). Probationer: Means a worker who is provisionally employed to fill a permanent vacancy in a post and has not completed the period of his Probation.
iv). Temporary: Means a worker who has been engaged for work which is essential of temporary nature and is likely to be finished within a limited period.
4. Appointment letter and ID card: No body shall be recruit any worker without given any appointment letter, identify card with a photograph.
5. Maintenance of Service book: Before engaging an employee, the employer shall require from him/his service book if he asserts that he has been previously in employment under any other employer and the employee shall produce the service book if he has one, but the employee has no service book, the employer shall, at his own cost, provide one and keep it with himself.
6. Stoppage of work: The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or other cause beyond his control, stop any section or section of the shop or the commercial or industrial establishment, wholly or partly, for any period.
7. Register of adult worker, Ticket and Card: Register indicating name and date of birth, date of appointment, nature of work, fixed allocation of time, rest and lunch period, allowed rest of holiday, division of labor (if any), shift (if any)
8. Calculation of continuous Service: A worker who has actually worked for not less than 240 days shall be deemed to have completed one year of continuous services, and 120 days needed for the completion of six months of service.
9. Lay Off: Means the failure, refusal or inability of an employer on account of shortage of coal, power or raw material or the accumulation of stock or the breakdown of machinery or for any other reason, to give employment of a worker whose name is born on the muster rolls of his shop, commercial establishment or industrial establishment.
10. Retrenchment: Means the termination by the employer of services of workers, not as a measure of punishment inflicted by way of disciplinary action, but on the ground of redundancy.
11. Discharge: Means the termination of services of a worker by the employer reasons of physical or mental incapacity or continued ill health of the worker or such other similar reasons not amounting to misconduct.
12. Dismissal: Means the termination of services of a worker by the employer for misconduct.
13. Termination: For terminating the employment of a permanent worker by the employer, 120 days’ notice in case of monthly rated worker and 60 days’ notice in case of other worker shall be given in writing by the employer. Wages for 120 days or 60 days, as the case be, may be paid in lieu of such notice. For temporarily worker monthly rate 30 days and others worker 14 days, notice either notice period wages.
14. Retire from service: Workers retirement age 57 years according to date of birth of service book. Retire worker may get contractual appointment if owner think he is fit.
15. Provident Fund: No worker who is member of any provident fund shall be deprived due of retrenchment, discharge, dismissal or termination of service of the benefit of the provident fund including the employers contribution thereto, if his entitled to it under the rules of provident fund.
16. Certificate of service: Every worker (other than a casual or badly) shall be entitled to a certificate of service at the time of his retrenchment, discharge, dismissal, retirement or termination of service.
17. Evacuation from residential accommodation: Shall vacate within a period of 60 days of workers retrenchment, discharge, dismissal or termination. The employer may lodge a compliant to the labor court. On hearing both parties summarily decide the case and pass and order to evacuate a reasonable time. The court pass and order directing a police officer to evict by force within allowed time.
18. Grievance Procedure: A worker intending to seek redress of his grievances under the Act shall observe the following procedure;-
a) s/he shall submit in writing the grievance to the employer within 30 days of the occurrence of the cause of such grievance. The employer shall inform in writing the worker of the decision within 15 days of receipt of the grievance.
b). If the employer fails to give a decision within 30 days or if the worker is dissatisfied with the employer decision, the worker may make a complaint to the labor court within 30 days. However, no complaint shall lie against an order of termination of employment of a worker under section-19 unless the worker is an officer of a registered trade union and his employment has been terminated for his trade union activities or unless the worker, whether a officer of a registered trade union or not, has been deprived of the benefits specified in section 19; and
c) the court may decide the matter after giving the parties hearing;
d) the court may pass such orders so deciding the matter, it may require by such orders the reinstatement of the complaint and such order shall be final;
e) no court fee shall be payable for filling or exhibiting of any complaint or document of any kind in the court.
Working Conditions:
1. Wages: Wages means all remuneration payable to an employed person on the fulfillment of his contract of employment. It includes bonus and any sum payable for want of a proper notice of discharge. Wages Divided into 3 components -
a) Basic
b) House rent is 30% of basic pay
c) Medical that is fixed Tk. 200.00
-The minimum wages for a helper is TK. 1662.50 per month.
-Trainees and apprentices shall be given a minimum allowance of tk. 1200 per month for a maximum period of 3 months.
Deductions from wages as follows:
Fines
Absence from duty
Damage or loss of goods or money expressly entrusted to the employed person where such damage or loss is directly attributable to his neglect or default.
Living accommodations supplied by the employer
Government-authorized amenities and services supplied by the employer.
Recovery of advancements or for adjustment of over- payments of wages
vii . Income- tax payable to employed person
viii. Subscriptions to or repayment of advances for provident fund
ix. Payment to co-operative societies
2. Working hours:
i. Normal hours of work: 8 hours a day and 48 hours a week.
ii. Maximum hours of work and overtime:10 hours a day or 60 hours a week and on the average 56 hours per week in a year
3. Overtime Payment:
i. O.T. Calculation = Basic Wages x 2 x Overtime hour ¸ 208(26x8)
4. Daily and Weekly Rest breaks:
Rest breaks: Half an hour if more than 5 hours or 1 hour if more than 6 hours of work
Weekly rest: one day usually Friday
5. Leaves and holidays:
i. Paid Annual Leave: Every worker who has completed one year of continuous service in a factory, shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated at the rate of-
· If an adult, one day for every 18 days of work performed by him during the previous period of twelve months;
· If an child, one day for every 15 days of work performed by him during the previous period of twelve months;
ii. Festival Leave: Every worker shall be allowed at least 11 days’ festival holidays with wages in a year. The occupier shall fix the days and dates for such festivals or manager in such a manner as may be prescribed.
iii. Casual Leave: Every worker shall be entitled to casual leave with full wages for ten days’ in a year.
iv. Sick Leave: Every worker shall be entitled to fourteen days sick leave on full wages in a year.
6. Employment of Women:
i. Equal Opportunity: Men and women have equal opportunity in all spheres of state and public life. It is recognized by the constitution.
ii. Night Work: Women are prohibited to work between 10.00p.m to 6.00 am
iii. Work on or near machinery in motion:
iv. Excessive Weight: No women can lift, carry or move not more than 50 Ibs weight.
7. Maternity Protection
Maternity Leave: 8 weeks before delivery and 8 week after delivery
Maternity Benefits:
Scope: Be employed not less than 6 months
Give an oral/written notice for expected birth including name of nominee’s.
Amount: Calculating by dividing total wages earned during the three months immediately proceeding the date the woman gives notice of pregnancy by the number of days she worked during that period.
Health Protection: No pregnant women can lift, carry or move by hand or on head any bulky item.
Employment Security
Dismissal with notice is unlawful during maternity leave
No women deprived of maternity benefits where notice of dismissal is given without sufficient cause within 6 months before confinement
Disputes as to dismissal must be referred to the responsible Labor Inspector
Appeals against the inspector’s decision to the chief inspector
8. Employment of children and young person:
i. Employment of young persons: A child who has completed fourteen years of age or an adolescent shall not be required or allowed to work in any factory unless-
a) A certificate of fitness granted to him under section 68 in the custody of the manager of the factory.
b) such child or adolescent carries while he is at work a token giving a reference to such certificate.
ii. Medical certificate: A certifying Surgeon shall, on the application of any young person or his parents or guardian, accompanied by a document signed by the manager of the factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any person wishes to work, examine such person and ascertain his fitness for work in such factory.
iii. Register: The manager of every factory in which children are employed shall maintain a resister of child workers to be available to the Inspector at all times during working hours showing-
a). the name and date of birth of each child and adolescent workers in the factory;
b). the nature of his work;
c). the group, if any, in which he is included;
d). where his group works on shifts, the relay to which he is allotted;
e). the number of his certificate of fitness granted under section 68 and the date renewal
iv. Working hours: No child or adolescent shall be required or allowed to work in any factory-
a) for more than five hours in any day;
b) between the hours of 7 p.m and 7 a.m.
c) Notice of periods of work
d) Paid annual leaves
e) Employment on machinery in motion or dangerous machinery
f) Excessive weights
Occupational Safety & Health and Management:
· Fire Safety
· Electrical Safety
· Machine Safety
Fire Safety:
Fire sources
· Overloaded electrical circuit
· Poor insulating system of electrical wires
· Electrical equipments
· Extremely flammable liquids and chemicals
· Static electricity
· Mechanical sparks
Smoking
Precautions: -
· Well design work premise
· Good House Keeping
· Familiar with the means of escape
· Sufficient fire fighting equipment
· Duty and responsibilities of “fire officers”
· Training
· Routine Fire drill
· Fire safety and evacuation plan
· Others (work clothes, avoid disheveled hair)
Action
· Ring up the alarm
· Evacuate the floor quickly
· Inform the fire service station
· Save yourself first, stay near exit and out of heat
· Floor fire: sweep from an edge in
· Wall fire: sweep from bottom up
· If fire gets large, get out quickly and close all the doors behind you
Fire Fighting Equipment
· Fire extinguishers:
· CO2:
· Use this type of Fire Extinguisher for electrical fire such as motors or electrical wiring.
· Foam:
· For fire caused by petrol, oil grease, paint, thinner, ethers or trichloroethylene.
· Dry powder type:
· Use dry powder type of fire extinguisher for fire in combustible goods.
· Water from a hose reel
· Other fighting equipment (shovel, blanket, fire hook, stretcher etc.)
i. Building code-1993
i. The Building Construction Amendment Bill-2006
· Building design
· Construction
· Maintenance of all buildings within buildings
· Structures and premises
· Means of escape
· Safety from fire and other hazards
· Sanitation
· Light and ventilation
Emergency Plan:
· What actions to take in case of fire
How to warn the staff
· How to carry out an evacuation
·ere to escape or assemble
· Location of fire fighting equipment
· Duty and responsibilities of “Fire Officers”
Training Plan
National Labor Law:
· At least two exits: 32 ft in width and 6-6 inches in height
· Unlocked and distinctively marked
· One or more stairways
· Fire- resisting materials, with handrails
· Effective and clearly audible means of giving warning
· Free passageways, unobstructed stairways
· Fire escape stair shall not be at an angle greater than 45 degree from horizontal and less than 45 inches in width.
· Two fire buckets of two gallon capacities, subjected to four such buckets on each floor
· Portable extinguisher: one for every 5,000 square feet area spaced at not more than 100 feet apart
· Regular maintenance of fire extinguishers
· At least 25% of the workers in each section trained
· A trained fire officer for proper maintenance and upkeep of fire fighting equipment
· Fire safety Plan
· No smoking
Electrical Safety
· Fires due to poor electrical wiring or overloading of circuits
· Accidents and death due to electric shocks
· Reduced productivity
Precautions:
i. Electric supply lines and apparatus should be of proper size and sufficient strength
ii. Well-covered electrical wiring & switch board
iii. Well protected electrical circuits
iv. Clearly marked main power switch and within easy reach
v. Immediate shut off electrical power
vi. A separate earth wire from the machines
Legislation:
All electric supply lines and apparatus shall be proper size and sufficient strength. They shall also be constructed, situated, protected, worked and maintained in such a manner as to cause no risk of bodily injury.
Machine Safety (Causes of accident):
Machines and guards are not maintained properly
Workers are not trained adequately
Lack of proper supervision
Lack of awareness or negligence of the workers
Non-usage of Personal Protective Equipments (PPEs)
Lack of machine guards provision
Effects:
AccidentsCreate health hazards (faulty machine)
Low quality
Increase maintenance cost
Delay shipment
Increase rejection & rework
Absenteeism
Low productivity
Qualities of a good machine:
Well guardedSpare parts always available
Easy to handle, maintain and move
Low cost
Long life
Precautions:
Purchase safe machineGive your machine a productivity check
Install guards
Use PPEs
Maintain machines properly
Training for workers to troubleshoot common machine problems
Legislation:
Fencing of machinery
Striking gear and device for cutting off power
Guarding new machines
Prohibition of work on or near machinery in motion
Employment of young persons on dangerous machinery.
Health:
Chemical hazard
Physical hazard
Biological hazard
Psychosocial hazard
Chemical Hazard:
· Dust
· Formaldehyde
· Thinner
Dust/Formaldehyde/Thinner:
Aggravating Factors
Poor ventilation /Poor local ventilation
Increased ambient temperature
Non-usage of correct PPEs
Non-isolation & non-enclosure of the site
Faulty Machines
i) Physical hazards:
Noise and Vibration
Causes
Increasing mechanization and machine power
Concentration of several machines into a limited space
Origin of noise and vibration
Noise
Knitting, Embroidery, Washing, Dyeing, Boiler and Generator room
Vibration
Sewing, knitting sections, Thread sucker machine, Embroidery section
Effects:
Noise
Hearing loss
Deleterious effect on the nervous and cardiovascular system
Increased nervous fatigue
Hindering communication, concentration and the detection of acoustic signals, which plays a role in accident position
Vibration
Damaging bones and join, leading to vibration white finger
Preventive Measures
Enclose entire machines or particularly noisy parts of machines
Service machines regularly
Use sound absorption machine parts, e.g. plastic, rubber etc.
Temperature and Ventilation
Effects
Production areas may quickly become contaminated by dust, vapor from ironing and gases Stuffiness
Undue fatigue
Dehydration
Heatstroke
Precautions:
Ventilation
Precautions:
Temperature
Lighting: Effects of Bad lighting
· Mistakes
· Eye strain, Fatigue, headaches for workers
· Poor quality
· Low productivity
Effects of improved lighting
Higher efficiencyReduction errors
Increase productivity
Three Main Factors Lighting Requirements:
· The nature of the task· The sharpness of the workers eye sight
· The environment in which the work is done
Benefits of better lighting
Reduce electricity bill by using natural light
Raise productivity and quality by using local lighting and avoiding glare
Get better lighting out of existing fixtures
Lighting maintenance can save money
International standard of lighting requirement
Occupational Health: Biological Hazards
Workers in the garment industry, like workers in any other industries, may be exposed to an enormous range of biological hazards.
Factors
Poor drinking water
· Unhygienic toilets and washrooms
· Shortage of adequate sanitary facilities
· Overcrowded work-floor
· Inadequate health supervision
· A hot and humid climate
Diseases
Hepatitis
Diarrhea
Respiratory tract disorders
Eye diseases
Skin diseases such as scabies, fungal etc.
Gynecological problems (white vaginal discharge, painful menstruation)
Sexually Transmitted diseases
National Labour Law
Drinking water
Latrines and urinals
Spittoon
Overcrowding
iii)
Psycho-social hazard:
Discrimination
Job insecurity
Low Wages
Long Working hours
Unskilled jobbing work
Long Commuting Distances
Harassment, including Sexual harassment
Effects of these factors for workers
Job dissatisfaction
Mental unequilibrium
Fatigue
Health problem
Worry
Nervous tension
Anxiety about the future
Vulnerability to diseases and mental disorder
Family and social problems
No development of skills
Lack of prospects
Increased length of absence from home
Effects of these factors for management:
· Underutilization of capabilities and skills
· Accidents
· Increased Absenteeism
· Labor turnover
· Low Quality
· Low productivity
· Delay Shipment
· Short shipment
· Increased financial risks
· Loss of valuable buyers
· Loss of valuable employees
· Bad reputation
Harassment
Repeated or persistent aggression by one or more persons whether verbal, physical or psychological at the workplace;
Measures to exclude or isolate a protected person from professional activities;
Persistent negative attacks on personal or professional performance without reason or legitimate authority
Manipulation of a protected persons personal or professional reputation by rumor, gossip ridicule;
Setting Objectives with unreasonable and/or impossible deadlines or unachievable tasks;
Unreasonable or inappropriate monitoring of a protected person’s performance;
Sexual Harassment
Unnecessarily close physical proximity;
Repeated sexually-oriented comments or gestures about the body, appearance or life-style of a protected person;
Offensive phone calls, letters or e-mail messages;
Stalking
Showing or displaying sexually explicit graphics, cartoon, pictures, photographs;
Questions or insinuations about a protected person’s private life;
Sexually explicit jokes or proposition.
What is needed to reduce the effects?
To comply with the national labor law and best practices
Provide service book
Reduced working hours
Need for adequate rest
Adequate diet
Medical service
Non –discriminate workplace
Comply with the national labor law and National/International best practices
Arrange Recreational Activities
Dormitory Facilities
Transport Facilities
Health and Safety Problems Controls and management: Identify the safety and health problems in your factory
Three ways of controlling hazards:
i) Engineering controls
Administrative controls
Personal Protective Equipments (PPEs)
· Provide appropriate PPEs
· Ensure workers are using PPEs
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