|
I. Introduction: Smith College is committed
to conducting its business affairs in a socially responsible manner consistent
with its educational mission and commitment to diversity. To this end, we establish
this Code of Conduct as a working document to guide vendor and institutional
purchasers of apparel. We recognize this Code as a work in progress and anticipate
that it will be revised through our active participation in the Worker Rights
Consortium (WRC) and the Fair Labor Association (FLA).
Smith College recognizes
eight cardinal principles as the basis for effective performance under this
Code of Conduct:
A. Full Public Disclosure of Factory
Addresses.
B. Commitment to fair wages.
C. Independent Monitoring.
D. Freedom of Association and Collective Bargaining.
E. Safe Working Conditions.
F. No Forced Labor.
G. No Child Labor.
H. Women's Rights.
Smith College expects affiliated vendors
and institutional purchasers to conduct their business in a manner consistent
with these principles,
and
to follow
workplace standards that adhere to this Code of Conduct.
II. Notice: This
Code shall apply to all vendors and institutional purchasers of Smith College.
Throughout this Code, the term "vendor" shall include
all persons or entities who have entered a written Retailing Agreement
with Smith College to sell products bearing the name, trademarks and/or images
of
Smith College. Institutional purchasers are all Smith departments,
offices, and authorized organizations (including student organizations) who,
through
the course of their regular business, purchase apparel. Additionally,
this Code shall apply to all of the vendor's and institutional purchasers'
contractors.
Throughout this Code, the term "contractor" shall include
each contractor, subcontractor, vendor, or manufacturer that is engaged
in
a manufacturing process
that results in a finished product for the consumer. "Manufacturing
process" shall
include assembly, packaging, shipping and receiving.
As a condition
of being permitted to produce, sell, and/or distribute products on
campus bearing the name, trademarks and/or images of Smith
College,
each of the above parties must comply with this Code and monitor
and report that
its contractors comply with this Code. All parties and their contractors
are required to adhere to this Code within six (6) months of notification of
the Code and as required in applicable license agreements, or
to have submitted
to the college and received written approval on a reasonable compliance
plan that establishes a firm deadline for full compliance. Compliance
plans must be submitted to the college within three (3) months of
notification.
Full
compliance with this Code is a goal to be worked toward by all
parties in good faith. As a matter of practical necessity, the college
recognizes
the complexities of the request and the need to allow vendors sufficient
time and
flexibility to implement compliance plans, which may require still
further negotiation and changes in contractual obligations by the
vendor with
subcontractors, suppliers, and other parties. The college is committed
to granting such
flexibility so long as vendors are making reasonable progress toward
substantial compliance by a firm approved deadline. All specific arrangements
will be authorized by the purchasing manager,
who, in
turn, will consult
with an advisory committee. Plans must contain specific benchmarks
and dates for
review of satisfactory progress.
III. Remediation: Remedies herein
apply to violations which occur after the Effective Date of the Code. Smith
College may rely upon monitors to report such violations. If a vendor has failed
to correct
a violation of the
Code, Smith College or an authorized organization will consult
with the vendor
(for itself and on behalf of its contractors, subcontractors
or manufacturers) to
determine appropriate corrective action. The remedy will, at
a minimum, include paying all applicable back wages found due to
workers who
manufactured
the
contracted articles, and requiring the vendor to take all steps
necessary to correct such violations including reinstatement
of any worker
found to have
been unlawfully dismissed. If agreement on corrective action
is not reached, and/or the action does not result in correction of
the violation
within
a specified reasonable time period, Smith College reserves the
right to (a)
require that
the vendor or institutional purchaser terminate its relationship
with any contractor, subcontractor or manufacturer that continues
to conduct
its
business in violation
of the Code and/or (b) terminate its relationship with any vendor
that continues to conduct its business in violation of the Code.
In either
event, Smith
College will provide the vendor with thirty (30) days written
notice of termination. In order to ensure the reasonable and consistent
application of this provision,
Smith College will seek advice from the WRC and the FLA regarding
possible corrective measures and invocation of options (a) and
(b) above.
IV. Standards: Smith College vendors must operate
workplaces, and ensure that their contractors operate workplaces, that adhere
to
the following
minimum standards and practices. Smith College prefers that
these
vendors exceed
these
standards.
A. Legal Compliance: Smith College vendors and
institutional purchasers must comply, at a minimum, with all applicable legal
requirements
of the country
in which products are manufactured. Where this code and the
applicable laws of the country of manufacture conflict or
differ,
the higher
standards shall
prevail. Such compliance shall include compliance with all
applicable environmental laws.
B. Environmental Compliance: Vendors and institutional purchasers will be committed to the protection
and preservation of the
global environment
and
the world's
finite resources, and conduct business accordingly.
C. Ethical
Principles: Vendors and institutional purchasers will commit to conduct their
business according to a set
of ethical
standards which
include,
but are not limited to, honesty, integrity, trustworthiness,
and respect for the unique intrinsic value of each human
being.
D. Employment Standards: Smith College will only
do business with vendors whose workers are present at work voluntarily,
are not
at undue risk
of physical harm, are fairly compensated, and are not
exploited in any way.
In addition,
the following specific guidelines must be followed:
1.Wages and Benefits: Vendors and their contractors
recognize that wages are essential to meeting employees'
basic
needs. Vendors and their contractors
shall pay employees, as a floor, wages and benefits
which comply with all applicable
laws and regulations. [Note: Smith is committed to
participating in efforts by nonprofit organizations
to establish a
metric for a livable
wage in
all countries, and the College may add such a provision
to this Code. The College
will inform all vendors and institutional purchasers
when Smith adopts or changes a particular living
wage scale.]
The College
recognizes
the need
for workers
to have safeguards against arbitrary, excessive,
and capricious fines and penalty systems used to undermine
wage scales.
It is committed
to work
with all parties
to guard against such practices.
2. Regular Working
Hours: Employees shall not be required to work more than the lesser of
48 hours per week (the
International Labor
Organization
[ILO]
standard) or the limits on regular hours allowed
by the law of the country of manufacture. Employees
will
be
entitled to
at
least one
day off in
every 7-day period, as well as holidays and vacations.
3. Overtime: Overtime hours must be worked voluntarily,
except as necessary to meet basic health and safety
needs, and in
the latter
case never
on a regular basis. In addition to their compensation
for regular hours of work,
employees
shall be compensated for overtime hours at
the greater of either (a) one and one-half times
the regular
rate of pay
during the
workweek and
twice
the regular
rate of pay on holidays and the seventh consecutive
day of work, or
(b) as is legally required in the country of
the manufacturer, whichever is higher.
4. Child Labor: As a general guideline,
vendors shall not employ any person at an age younger
than is consistent
with International
Labor
Organization
practices for developing countries. Vendors
agree to consult
with governmental, human rights and non-governmental
organizations, and take reasonable
steps as evaluated by Smith College or its
authorized monitors to minimize the
negative impact on children released from
this employment as a
result of the implementation
of this Code. Through these consultations,
the Vendor will insure that any exceptions to ILO standards
do not violate
children's
rights to
mandatory or basic education as defined by
the ILO
or the laws of the country in
question.
5. Forced Labor: There shall not
be any use of forced labor, whether in the form of prison
labor,
indentured
labor,
bonded labor, or
otherwise.
6. Health and Safety: Contractors
shall provide a safe and healthy work environment
to prevent
accidents
and
injury to health arising
out of,
linked with, or
occurring in the course of work or as
a result of the operation of Contractor facilities.
Smith College will continue to work with
its organizational partners in developing
uniform
standards for monitoring
and
assessment
of such conditions
to comply
with all health and safety conventions
of
the ILO. As a first step, Smith will
request any
monitors
to report
on
compliance
with the
following health and
safety standards as set by local and
national laws:
a. Manufacturing Equipment and Safety:
All hazardous equipment must be properly
maintained,
with a maintenance
log to
monitor compliance,
and
have all required
safety devices. All workers must at minimum
receive all legally mandated personal
protection equipment
to operate
equipment,
as well as all
required training
and licensing.
b. Working Environment:
All workplaces should meet minimum standards for ventilation,
room
temperature,
air quality,
lighting, and
decibel levels,
and workers should
be provided with basic personal protective
equipment (such as dust masks and ear
plugs).
c. Hazardous Chemicals: All
workplaces should have proper labeling and worker
education
with regard
to all hazardous
materials
used in the plant,
proper
storage of all hazardous materials,
and emergency-preparedness plans,
emergency first-aid supplies, and
a comprehensive safety log.
d. Fire
Plans: All workplaces should have clearly marked and accessible
emergency exits and clear,
marked paths
to them,
emergency or fire
alarms and lighting,
maintained fire extinguishers throughout
the work site as required by law,
and emergency
response
plans in
the event
of a fire
which are practiced
by workers at regular intervals
e.
Hygiene: All workplaces, canteen and cafeterias, and toilet facilities
must
meet minimum health
standards and be in good
working order.
Toilet facilities should be in
ratio to the work force to be
easily accessible,
well stocked
with all necessary supplies,
and be free of monitoring.
7. Nondiscrimination: Vendors
shall employ individuals solely
on the
basis of their
ability to perform
the job. There shall
be no
discrimination
in
hiring, salary, benefits, performance
evaluation, discipline, promotion,
retirement or dismissal on the
basis of age, sex,
pregnancy, maternity leave status,
marital status, race,
nationality, country
of origin,
social or ethnic
origin, disability,
sexual orientation, religion,
or political opinion. Workers
who
take maternity
leave will not face
dismissal, nor
threat of dismissal,
loss of seniority
or deduction of wages, and will
be able to return to their former
employment
at
the same rate of pay and benefits.
8.
Harassment or Abuse: Every
employee shall be treated with
dignity and
respect. No employee
shall
be subject
to any
physical, sexual,
psychological or verbal
harassment or abuse. No employee
or prospective employee shall
be subjected
to involuntary
use of contraceptives
or pregnancy
testing.
Vendors
will not use or tolerate any
form of corporal punishment.
9.
Women's Rights: Because the
overwhelming majority of apparel
workers are women,
assuring and safeguarding
women's
rights
is of particular
importance for all parties. In
addition to not discriminating
on the basis of sex, pregnancy,
marital status, or sexual orientation,
the
following specific
guidelines must be
followed:
a. Women workers will
receive equal remuneration, including
benefits,
equal treatment,
equal evaluation of the
quality of their work,
and equal opportunity
to fill all positions as male
workers.
b. Pregnancy tests will
not be a condition of employment, nor
will
they be demanded
of employees.
c. Workers who
take maternity leave will not face dismissal
nor
threat of dismissal, loss
of seniority or deduction
of wages,
and will
be able to return
to their
former employment
at
the same rate
of pay
and benefits.
d. Contractors
shall provide appropriate services and
accommodations to
women workers in connection
with
pregnancy.
e. Workers will
not be exposed to hazardous or toxic chemicals
that
may endanger
their safety,
including
their reproductive
health, without
safeguards
and
proper instruction in their
use.
f. Workers will not
be forced or pressured to
use contraception.
10.
Freedom of Association: Vendors shall recognize
and respect the
right of employees
to freedom
of association and
collective bargaining.
No
employee shall be subject
to harassment, intimidation
or
retaliation in
their efforts to freely
associate or bargain
collectively.
Vendors shall not cooperate
with governmental agencies
and other
organizations that
use the power of the State
to prevent workers
from organizing a union
of their
choice.
Vendors
shall
allow union organizers
free
access to employees
in and around the
workplace when
they are not engaged
in their work as
defined by national
regulations and ILO standards.
Vendors
shall recognize
the union of the
employees' choice.
*
11. Labor Standards
Environment: In
countries where law
or practice conflicts
with
these labor standards,
vendors
agree
to work with
governmental, human
rights, labor business
organizations,
and the
FLA and WRC
and their
authorized
monitors to achieve
full compliance with
these
standards. Vendors
further agree
to refrain
from any actions
that would diminish
the protections
of these labor
standards. In addition
to all other rights
under the
Agreement,
Smith
College reserves
the right
to refuse
renewal of Agreements
for goods made in countries
where: (a) progress
toward
implementation of the
employment
standards
in the Code is no longer
being made;
and (b)
compliance with
the employment standards
in
the Code is deemed
impossible. Smith
College
shall make such determination
based upon examination
of reports from governmental,
human rights, labor
and business
organizations and after
consultation with the
relevant vendor.
V.
Implementation: Smith
College seeks
to foster
an environment
of labor
standards compliance
through ensuring adherence
to the
standards established
by this Code.
Working in
conjunction
with the
WRC and the FLA, the
College will seek to
create a process of
implementation based
on the
following guidelines:
A.
Transparency: Vendors will provide the company
names,
owners and/or
officers, addresses,
phone numbers, e-mail
addresses
and nature of
the business association,
including the jobs
performed in the manufacturing
process,
of all
of
the contractors and
manufacturing plants
which are involved
in the
manufacturing process
of vended and purchased
articles.
B. Written
Agreement of Compliance: Vendors
will
provide written
confirmation that
they agree to
adhere to the
code and be subject
to independent
monitoring.
C. Notification
and Education of Employees: All vendors
and their
contractors shall
inform employees
of all
provisions of the
Code in language
they
can understand.
D.
Timely Response to Queries and
Monitoring: Vendors
will provide
timely written
responses to
all audits, monitoring
reports, and
independent queries
from
the College or
its
authorized monitors.
E.
Pricing: The vendors and institutional
purchasers
must assure
that they
are paying
their contractors a
sufficient
price to
meet production
costs
while complying
with this Code
and to
make
a reasonable
profit.
VI.
Disclosure: Information
provided
by the vendor,
through the
process
described
in Section V (Implementation),
shall be
considered public
information.
The vendor
shall be
required
to immediately
report
to Smith
College any
changes in
its business
operations
which
materially
affect the
application
of
this Code,
such
as the selection
of
a new
factory.
VII.
Verification
and Compliance
Mechanism: It
shall be
the responsibility
of each vendor
and institutional
purchaser
to ensure
its
compliance
with
this Code,
and
to verify
that its
contractors
are in compliance
with
this Code.
Clearly defined
methods of
monitoring,
training,
receipt
and processing
of employee
complaints,
adjudication
of disputes,
and enforcement
have
not
been
determined
by Smith
College.
Smith College
and
the WRC and
the FLA
shall undertake
efforts to
determine
and
clearly define
the
obligations
associated
with the
development
of adequate
training,
monitoring,
investigation,
receipt and
processing
of employee
complaints,
adjudication
of disputes,
and mechanisms
for enforcement
of this Code,
including
establishment
of a reasonable
time frame
within which
compliance
measures
will
begin.
A.
Public Accountability
1.
Smith College shall
establish
an advisory
procedure
to
include
students, faculty,
and staff
in the
development, oversight
and verification
of this
Code.
2. Smith
College
shall also
establish
a procedure
for
public
accountability
to
any interested
party for
its
progress
in realizing
the goals
set forth
in this
Code.
B.
Funding
The College
shall
insure that the
Purchasing
Manager
has the
resources
necessary
for the
implementation
of this
Code.
Adopted by the
Smith
College
Board
of Trustees
10/27/2001;
amended
5/17/2002.
* The
latter
two sentences
will
be reworded
(1) to
specify
the
relevant
ILO standards
and (2)
to make
the last
sentence
consistent
with
NLRB
terminology." |
