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A. Gathering Information from Knowledgeable Local Sources
B. Workers Interviews
C. Management Interviews
D. Capacity Review
E. Records Review
F. Visual Inspection
G. Analysis and Reporting
A. Forced Labor
B. Child Labor
C. Harassment or Abuse
D. Nondiscrimination
E. Health and Safety
F. Freedom of Association and Collective Bargaining
G. Wages and Benefits, Hours of Work and Overtime Compensation
V ENDNOTES
The purpose of this Monitoring Guidance Document is to provide information to participating companies and independent external monitors that will enable them to monitor applicable facilities1 in accordance with the Workplace Code of Conduct and the Monitoring Principles adopted by the Fair Labor Association.
The Principles of Monitoring, a part of the Charter of the Fair Labor Association, provide the framework within which monitoring is to be conducted. Both companies and monitors have accepted certain obligations for the way those principles are to be implemented. These Principles of Monitoring are included, in full, as Appendix A to this document and are also available on the Fair Labor website (www.fairlabor.org) or by mail from the Fair Labor Association, 1505 22nd St., NW, Washington, D.C. 20037.
The Code of Conduct and Principles of Monitoring are, broadly speaking, statements of principle. This document deals with the real-world implementation of those principles.
This document contains two sections. The first section offers guidance to independent external monitors and participating companies on how to conduct monitoring. While the information provided is extensive, it is not intended to be exhaustive. Neither is the information provided prescriptive, inasmuch as monitors may use their own monitoring procedures in accordance with these guidelines. The components of monitoring are: gathering external information, worker interviews, management interviews, capacity review, records review, visual inspection, and analysis and reporting. Each of these components is dealt with in the Monitoring Guidance section below.
The second section, Compliance Benchmarks, offers guidance to independent external monitors and participating companies to use to make reasoned judgements about compliance with the Workplace Code of Conduct and the Principles of Monitoring. Provisions of the Workplace Code are: forced labor, child labor, harassment or abuse, nondiscrimination, health and safety, freedom of association and collective bargaining, wages and benefits, hours of work and overtime compensation.
I. Introduction
The monitoring process under the FLA requires that information gathered from knowledgeable local sources be included. The FLA Principles of Monitoring state that:
"In those instances where accredited external monitors themselves are not leading local human rights, labor rights, religious or other similar institutions, (they shall) consult regularly with human rights, labor, religious or other leading local institutions that are likely to have the trust of workers and knowledge of local conditions."
In practice in these cases, monitors conducting factory visits for Participating Companies must gather and incorporate into the monitoring process information from the types of organizations described in the Charter.
The purposes of this element of the monitoring process include: gathering local information about general and, if available, site-specific working conditions from reliable sources, and gathering information about the most effective and appropriate means of communicating with workers locally. This information will be used to prioritize and focus monitoring of compliance with the FLA Workplace Code in applicable factories.
While the process through which such information is gathered may vary depending on the location, there are several steps that will likely be implemented in most locations. « download the full document above »
I. Forced Labor
A. WORKPLACE CODE PROVISION: There will not be any use of forced labor, whether in the form of prison labor, indentured labor, bonded labor or otherwise. download the full document above
OBLIGATIONS OF COMPANIES
A. Establish Clear Standards
Establish and articulate clear, written workplace standards.
Formally convey those standards to Company factories as well as to licensees, contractors and supplier
Receive written certifications, on a regular basis, from Company factories as well as contractors and suppliers that
standards are being met, and that employees have been informed about the standards.
Obtain written agreement of Company factories and contractors and suppliers to submit to periodic inspections and audits, including by accredited external monitors, for compliance with the workplace standards. download the full document above
