Gender

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.

Nondiscrimination

ND.2 Employment Decisions

ND.2.2 Employment decisions shall not be made on the basis of gender, race, religion, age, sexual orientation, nationality, political opinion, social group, ethnic origin, marital status, or union affiliation or sympathy.

ND.4 Disclosure of Personal Information

Employers may not request the disclosure of any personal, non-job related information during the application, recruitment, or hiring process, including but not limited to gender, race, religion, disability, sexual orientation, nationality, political opinion, social group, ethnic origin, or marital status.

ND.5 Compensation Discrimination

There shall be no differences in compensation for workers for work of equal value on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, social group or ethnic origin.

ND.13 Reasonable Accommodation, Modifications, and Adjustments

ND.13.1 Employers shall make all reasonable modifications and adjustments to accommodate specific religious, ethnic, gender, and disability-based needs of all workers within the workplace as well as within any employer-provided facilities such as dormitories or transportation.

Harassment or abuse

H/A.1 General Compliance Harassment or Abuse

H/A.1.1 Employers shall comply with all national laws, regulations and procedures concerning discipline, violence, harassment and abuse, including that which is gender-based.

H/A.8 Elimination of Violence, Harassment and Abuse in the Workplace

H/A.8.1 Employers shall ensure that the workplace and all workplace facilities (such as employer provided transportation or dormitories) are free from any type of violence, harassment or abuse, be it physical, sexual, psychological, verbal, or otherwise.

H/A.8.2 Employers, in consultation with worker/union representatives, shall assess specific hazards and risks of harassment and abuse in the workplace, including gender-based violence. This includes risks arising from working conditions, work arrangements (such as night shifts or other schedules,) work organization, and third parties such as recruitment agencies, contractors, or any other intermediaries.

H/A.8.4 Employers shall take all necessary precautions to eliminate any action (by the employer, between or among employees, or by third-parties who are retained by the employer or whose work is connected with the workplace) that would result in gender-based violence and/or harassment regardless of whether such actions occur in or outside of the workplace and/or working hours.

H/A.9 Sexual Harassment

H/A.9.1 Employers shall refrain from:

H/A.9.1.1 any act of sexual harassment, including inappropriate remark, insult, joke, insinuation, and comment on a person’s dress, physique, age, family situation, etc.;

H/A.9.1.2 a condescending or paternalistic attitude with sexual implications undermining dignity;

H/A.9.1.3 any unwelcome invitation or request, implicit or explicit, whether or not accompanied by threats;

H/A.9.1.4 any lascivious look or other gesture associated with sexuality; and

H/A.9.1.5 any unnecessary physical contact such as touching, caresses, pinching or assault.

H/A.9.2 Employers shall not offer, or take any action that may suggest an offer of, recruitment, continued employment, promotion, improved working conditions, preferential work assignments or other preferential treatment in exchange for a sexual relationship

H/A.9.3 Employers shall not subject workers to prejudicial treatment of any kind in retaliation for refused sexual advances or corrected inappropriate behavior.

H/A.10 Security Practices and Body Searches

H/A/10.1 All security practices shall be gender appropriate and nonintrusive, so that the dignity of workers concerned is protected when a search is undertaken.

H/A.10.1.3 Body searches shall not be undertaken in public and the person who undertakes the search shall be of the same sex as the person who is being searched.

H/A.11 Punishment of Abusive Workers, Supervisors, or Managers

Employers shall have a system to discipline supervisors, managers or workers who engage in any physical, sexual, psychological or verbal violence, harassment or abuse, through measures such as compulsory counseling, warnings, demotions, and terminations or a combination thereof regardless of whether such action was intended as a means to maintain labor discipline with a view to preventing the reoccurrence of violence and harassment, and facilitating their reintegration into work, where appropriate.

Health, safety, and environment

HSE.20 Toilets

Employers shall establish the number of toilets required under applicable laws within reasonable distance of the workplace. In addition, the following should also be considered: number of toilets based on number of workers, privacy for each individual and gender, accessibility and hygiene.

Nondiscrimination

ND.3 Compensation Discrimination

There shall be no differences in compensation for workers performing equal work or work of equal value on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, social group, ethnic origin, employment status (e.g. local workers vs. migrant workers), or membership in unions or other workers’ representative bodies.

ND.4 Discrimination in Training and Communication

Employers shall guarantee that all workers have equal access to training and capacity building and no discrimination takes place based on the characteristics noted above, nor on literacy or location of the workers. Training and communication should be given in the native language accessible to workers.

ND.5 Marital or Pregnancy -Related Discrimination

ND.5.1 Employers shall not require pregnancy testing of female workers, except as required by legal health and safety provisions. In cases that it is required by law, employers shall not use (the results of) such tests as a condition of hiring or continued employment.

ND.5.2 Employers shall not threaten female workers with dismissal or any other employment decision that negatively affects their employment status in order to prevent them from getting married or becoming pregnant.

ND.5.3 Employers shall not, on the basis of a woman’s pregnancy, make any employment decisions that negatively affect a pregnant woman’s employment status, including decisions concerning dismissal, loss of seniority, or deduction of wages.

ND.6 Protection and Accommodation of Pregnant Workers and New Mothers

ND.6.1 Employers shall abide by all protective provisions in national laws and regulations benefitting pregnant workers and new mothers, including provisions concerning maternity leave and other benefits; prohibitions regarding night work, temporary reassignments away from work stations and work environments that may pose a risk to the health of pregnant women and their unborn children or new mothers and their new born children, temporary adjustment of working hours during and after pregnancy, and the provision of breast -feeding breaks and facilities.

ND.6.1.1 Where such legal protective provisions are lacking, employers shall take reasonable measures to ensure the safety and health of pregnant women and their unborn children.

ND.6.2 Workers living with their children on agriculture production sites shall have access to convenient and affordable day care services for their children.

Harassment or abuse

H/A.1 General Compliance Harassment or Abuse

H/A.1.1 Employers shall comply with all national laws, regulations and procedures concerning discipline, violence, harassment or abuse.

H/A.1.2 Workers at the farm shall not be subject to any corporal punishment, sexual harassment, oppression, coercion or any other kind of mental or physical abuse or intimidation, disregarding whether they are family members without a formal contract or hired staff.

H/A.8 Violence/Harassment or Abuse

H/A.8.1 Employers shall ensure that the workplace is free from any type of violence, harassment or abuse, be it physical, sexual, psychological, verbal, or otherwise. This also applies to workers who are brought to the farm by employers, labor contractors or service providers.

H/A.9 Sexual Harassment

H/A.9.1 Employers shall refrain from any act of sexual harassment, including inappropriate remarks, condescending or paternalistic attitude with sexual implications undermining dignity; and any unwelcome invitation or request, implicit or explicit, whether or not accompanied by threats; and any unnecessary physical contact such as touching, caress, pinching or assault.

H/A.9.2 Employers shall not offer, or take any action that may suggest an offer of, recruitment, continued employment, promotion, improved working conditions, preferential work assignments or other preferential treatment in exchange for a sexual relationship.

H/A.9.3 Employers shall not subject workers to prejudicial treatment of any kind in retaliation for refused sexual advances or corrected inappropriate behavior.

H/A.9.4 Employers shall refrain from any action, and shall take all appropriate action to ensure that all workers refrain from any action, that would result in a sexually intimidating, hostile or offensive work environment for workers.

H/A.9.5 Employers shall designate a trusted person staff (or a third party) to be responsible for addressing any complaints regarding sexual harassment. This person shall be known to workers and be easily accessible to them.

H/A.10 Security Practices/Body Searches

All security practices shall be gender appropriate and nonintrusive, so that the dignity of workers concerned is protected when a search is undertaken.

H/A.10.1 Searching of bags and other personal items to prevent theft is acceptable.

H/A.10.2 Body searches and physical pat downs shall only be undertaken when there is a legitimate reason to do so and upon consent of workers, unless a state official with the power to do so (e.g. police officer) has ordered the search. Body searches shall not be undertaken in public and the person who undertakes the search shall be of the same sex as the person who is being searched.