Bsci Code Benchmark 2009-2014

8/10/2019 Bsci Code Benchmark 2009-2014

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Code Benchmark Version 1/2014 1/5

From 2009 to 2014: How the BSCI Code of ConductPrinciples Have Changed

The BSCI Code of Conduct version 1/2014 brings important changes from

the previous version, which is explained in this document. The BSCI Code of

Conduct 2009 was a hybrid document with components more adequate for a

Certification Standard than for a Code of Conduct. The new Code goes

beyond this by reflecting the different levels of responsibility for each actor in

the supply chain. The new Code needs to be read always in combinationwith the relevant Terms of Implementation, the BSCI Reference and BSCI

Glossary.

Our new Code sets out an entire value system. It remains based on your

beliefs and aspirations as BSCI Participants and your expectations towards

business partners, including your producers.

Instead of focusing primarily on monitoring at the level of production, the

new Code identifies as well as draws distinctions between the

responsibilities and commitments of Participants and their business partners,

particularly producers. Greater focus is also given to the importance of due

diligence and stakeholder engagement towards improving working

conditions.

The BSCI Code of Conduct 1/2014 acknowledges the latest societal

developments and it aligns with the most relevant international frameworks

concerning the responsibility of business enterprises to respect human and

labour rights such as the UN Guiding Principles on Business and Human

Rights and the International Labour Organization (ILO). The Code of

Conduct principles refer to observance of the National Law and ILO Core

Conventions. There are two new principles in the new BSCI Code: No

Precarious Employmentand Ethical Business Behaviour. In addition,

the previous No Child Labour principle now distinguishes between childrenand young people, as explained in the table below.

However, improvements have been made with regard to: more accurate

wording (e.g. remuneration instead of compensation); better alignment

with the ILO Conventions and Recommendations (e.g. Removal of the

reference to maximum 12 hours overtime per week); less ambiguity (e.g.

Child Labour is illegal whereas use of young workers is allowed provided

they receive the appropriate protection.); removal of detailed operational

guidelines to keep the Code coherent and long lasting; labour rights that

were not mentioned in the Code 2009 but already monitored in the Audit

Questionnaire have been included (e.g. daily resting breaks).

Finally, the new Code gives a greater emphasis to the engagement of

workers and their representatives and the importance of having operational

grievance mechanisms as key factors to promote improvements in the

working conditions


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BSCI Code of Conduct 2009(Criteria)

BSCI Code of Conduct 2014 (Principles)

Legal Compliance Covered under the principle of Ethical Business Behaviourand in the chapter on Code Observance.

Freedom of Association and the Right to Collective

Bargaining

Content remains but the principle is now called The rights of Freedom of Association and Collective

Bargainingwording its better aligned with ILO Convention.

Prohibition of Discrimination Content remains but the principle is now called No Discrimination.

New:

Workers shall not be harassed or d isciplined on any of the grounds mentioned.

Compensation Fair Remuneration

The contentmaintains the reference that legal minimum wages are to be paid and living wages are

encouraged. It stresses the fair remuneration concept where wages is only one part of.

The title of the chapterhas changed because compensation refers to injuries in the workplace, rather

than remuneration.

New:

The level of wages shall reflect the skills and educationof workers and shall refer to regular working

hours.

Working Hours Decent Working Hours

New:

Clear distinction between regular working hours and overtime.


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Clear reference to the different characteristics of overtime.

The limit of 12 hours overtime per week is not mentioned anymore. This way, the content is aligned with

ILO and the national law becomes the reference.

Clear reference to exceptions defined in ILO Conventions (e.g. nature of the production and to the

likelihood of occupational hazards.

Clear reference to daily resting breaks and one day off in every seven days.

Workplace Health and Safety Occupational Health and Safety

New:

The titlehas been changed to specify that Health and Safety focuses on the workers and not on the

workplace.

Active cooperation between management and workers to develop and implement OHS systems (e.g.

OHS committees).

Improving workersprotection in case of accidents including through compulsory insurance.

Adequate occupational medical assistance and related facilities.

Prohibition of Child Labour No Child Labour

New:

Direct or indirect employment of children below the minimum age is not allowed.

Robust age-verification mechanism in the recruitment process is required.

Special care should be taken in cases of child dismissal.


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Special Protection of Young Workers

New:

A separate principlehas been created to distinguish special protection of young workers are entitled

to..

Necessary mechanisms to prevent, identify and mitigate harm to young workers.

Special attention to the access young workers shall have to effective grievance mechanisms and to OHS

training and programmes.

No Precarious Employment

New:

This is a new principle. However, the minimum criteria were already included in the scope of BSCI audits

(e.g. evasion of the law).

Prohibition of Forced Labour and Compulsory

Labour and Disciplinary Measures

Bonded Labour

The principle now makes a clear and necessary distinction between forced labour and prison labour.

New:

All disciplinary procedures must be established in writing, and are to be explained verbally to workers in

clear and understandable terms.

Environment and Safety Issues Protection of the Environment

The titlehas been changed as safety issues are already included under the OHS principle.

The contentremains related to management systems and compliance with national law.

New:

Business enterprises are expected to implement adequate measures to prevent or minimise adverse

effects on the community, natural resources and the overall environment.


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Management System The content is now included under Supply Chain Management and Cascade Effectand therefore

applies not only to producers but also to the BSCI participants and their business partners.

New:

BSCI participants acknowledge their capacity to influence social changes in their supply chains through

their purchasing activities.

Every business enterprise a) involves its respective business partner; b) takes all reasonable and

appropriate measures () needed to implement the BSCI Code of Conduct c) exchanges information to

timely identify any challenge that requires mitigation.

Terminating a business relationship () is considered a last resort. However, it may be necessary () if

the business partner fails to act () or is unwilling to undertake the measures needed to fulfill any of the

obligations () inherent in the BSCI Code of Conduct.

Ethical Business BehaviourThis is a new principle. However, many aspects were already included in the scope of BSCI audits (e.g.

anti-bribery policy; falsification of documents)

New:

Keeping accurate information regarding activities, structure and performance.

Falsification of information or any act of misrepresentation in the supply chain is not permitted.

Documents

Bsci Code Benchmark 2009-2014