Fair Labor Code and Compliance Benchmarks for Agriculture

The Fair Labor Code defines labor standards that aim to achieve decent and humane working conditions in the supply chain of member companies. This workplace code of conduct is based on International Labour Organization standards and internationally accepted good labor practices.

FLA member companies are expected to comply with all relevant and applicable laws and regulations of the country in which workers are employed and to implement the code in their applicable facilities. When differences or conflicts in standards arise, members are expected to apply the highest standard.

The Fair Labor Code is accompanied by a set of compliance benchmarks specific to the agriculture sector. These benchmarks recognize the special circumstances of agriculture work and provide guidance to companies on how to implement the code requirements through their agricultural supply chains.

The Agriculture Compliance Benchmarks were developed based on FLA’s experience in the agriculture sector and through consultation with stakeholders. Regarding the applicability of the benchmarks, a distinction has been made between two types of farming operations: farms with informal labor structures and farms with formal labor structures

During independent external assessments conducted at farming operations, FLA monitors compliance with the agriculture benchmarks. FLA expects members to make improvements when standards are not met and to develop sustainable mechanisms to ensure ongoing compliance.

Fair Labor Code

Employment Relationship

Employers shall adopt and adhere to rules and conditions of employment that respect workers and, at a minimum, safeguard their rights under national and international labor and social security laws and regulations.

Nondiscrimination

No person shall be subject to any discrimination in employment, including hiring, compensation, advancement, discipline, termination or retirement, on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, social group or ethnic origin.

Harassment or Abuse

Every employee shall be treated with respect and dignity. No employee shall be subject to any physical, sexual, psychological, or verbal harassment or abuse.

Forced Labor

There shall be no use of forced labor, including prison labor, indentured labor, bonded labor or other forms of forced labor.

Child Labor

No person shall be employed under the age of 15 or the age for completion of compulsory education, whichever is higher.

Freedom of Association and Collective Bargaining

Employers shall recognize and respect the right of employees to freedom of association and collective bargaining.

Health, Safety and Environment

Employers shall provide a safe and healthy workplace setting 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 employers’ facilities. Employers shall adopt responsible measures to mitigate negative impacts that the workplace has on the environment.

Hours of Work

Employers shall not require workers to work more than the regular and overtime hours allowed by the law of the country where the workers are employed. The regular work week shall not exceed 48 hours. Employers shall allow workers at least 24 consecutive hours of rest in every seven-day period. All overtime work shall be consensual. Employers shall not request overtime on a regular basis and shall compensate all overtime work at a premium rate. Other than in exceptional circumstances, the sum of regular and overtime hours in a week shall not exceed 60 hours.

Compensation

Every worker has a right to compensation for a regular work week that is sufficient to meet the worker’s basic needs and provide some discretionary income. Employers shall pay at least the minimum wage or the appropriate prevailing wage, whichever is higher, comply with all legal requirements on wages, and provide any benefits required by law or contract. Where compensation does not meet workers’ basic needs and provide some discretionary income, each employer shall work with the FLA to take appropriate actions that seek to progressively realize a level of compensation that does.