EIT基本守则中英文对照.docx

EIT基本守则中英文对照1.自由选择的雇佣关系1.1不可使用强制劳动力、受关押劳动力和不情愿的犯人劳动力。1.2雇员不应被要求交纳抵押金或把他们的身份证件交给雇主，在给出合理的预先通知之后，雇员可以自由地离开其雇主。2.尊重结社自由和工会代表劳方进行劳资谈判的权力2.1所有雇员毫无例外地具有加入或组成其自己选择的工会的权力和进行集体劳资谈判的权力。2.2雇主对于工会的行为和他们的组织活动，要采取开放的态度。2.3不能歧视职工代表，这些代表可以利用其工作场所执行其职工代表的职能。2.4在自由结社和劳资谈判的权力受法律限制的地方，雇主要促进而不是防碍建立独立自由的结社和劳资谈判的类似形式。3.安全卫生的工作条件3.1要提供安全卫生的工作环境，并要考虑到该行业的普遍常识和任何特殊危险性。要采取适当的措施，防止由于工作引起的、与工作有关的或在工作中发生的各种事故及损害健康事件的发生。尽可能而又实际地减少工作环境中固有的各种危险因素。3.2应对雇员进行定期的和有记录的健康和安全培训，这种培训对于新的和改换工种的雇员要重复进行。3.3要为雇员提供清洁的厕所设施和饮用水，在可能的情况下，还要提供存放食品的卫生设备。3.4所提供的住宿条件，要保证清洁、安全并且满足雇员的基本需求。3.5采用本法规的公司，应该指定一名高级管理人员代表对健康和安全负责。4.不可使用儿童作工4.1不能再新招收儿童作工4.2所有公司要制订或参与并资助使任何被发现用作童工的儿童接受高质量教育直至不再是儿童为止的政策和项目。儿童和儿童作工的定义在附录中给出。4.3不可雇用儿童和 18 岁以下青少年在夜间或在危险的条件下工作。4.4这些政策和程序必须与相关的 ILO 标准条款一致。5.维持生活的工资5.1每个标准工资周所付的工资和福利，至少要达到国家的法定标准或行业规定的标准，以高者为准。在任何情况下，所付工资总应足够满足基本需求并提供一些可供自由支配的收入。5.2在所有雇员开始工作之前，要为他们提供书面形式的、易于理解的、涉及工资之雇佣条件的有关信息，并且在每次支付工资时，要为他们提供本次工资涵盖期间之工资的详细情况。5.3不经雇员同意，不允许扣除工资作为一种纪律约束措施，也不允许对工资进行国家法律规定之外的任何其他扣除。所有纪律约束措施都必须记录在案。6.不能超过工作时间6.1工作时间必须符合国家法律和行业规定的标准，以对雇员提供较强保护者为准。6.2在任何情况下，不能要求雇员经常性地每周工作超过48小时，并保证平均每7天至少休息一天。加班时间必须是自愿的，且每周不能超过12小时。不能要求经常加班，且必须按照奖励工资级别给予补偿。7.禁止歧视7.1在雇佣、补偿、培训、提升、辞退或退休方面，对任何人都不能因其种族、社会地位、国籍、信仰、年龄、残疾、性别、婚姻状况、性观念、所属工会和所属政党进行歧视。8.正规的雇佣关系8.1在尽可能的程度上，所进行的工作必须以按国家法律和常规所建立的、被正式承认的雇佣关系为基础。8.2对受劳工或社会保障法律和法规保护的、建立在正规雇佣关系之上的对雇员的优惠，不能通过使用劳动合同、分包合同或者在家工作的安排，或者通过不想真正传授技术或提供正规雇佣关系的学徒项目来取消，任何类似优惠待遇也不能通过过度使用固定期限的雇佣合同来取消。9.不允许以苛刻和不通情理的方式对待雇员9.1禁止使用人身虐待或体罚、或以人身虐待相威胁、性骚扰或其他骚扰以及恶语或其他形式的恐吓。Note: We have made every effort to ensure that the translations of the ETI Base Code andPrinciples of Implementation are as complete and accurate as possible. However, please note that in both cases it is the English language documents which should be treated as the official versions.1. Employment is freely chosen1.1 There is no forced, bonded or involuntary prison labour.1.2 Workers are not required to lodge deposits or their identity papers with their employer and are free to leave their employer after reasonable notice.2. Freedom of association and the right to collective bargaining are respected2.1 Workers, without distinction, have the right to join or form trade unions of their own choosing and to bargain collectively.2.2 The employer adopts an open attitude towards the activities of trade unions and their organisational activities.2.3 Workers representatives are not discriminated against and have access to carry out their representative functions in the workplace.2.4 Where the right to freedom of association and collective bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.3. Working conditions are safe and hygienic3.1 A safe and hygienic working environment shall be provided, bearing in mind the prevailing knowledge of the industry and of any specific hazards. Adequate steps shall be taken to prevent accidents and injury to health arising out of, associated with, or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.3.2 Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers.3.3 Access to clean toilet facilities and to potable water, and, if appropriate, sanitary facilities for food storage shall be provided.3.4 Accommodation, where provided, shall be clean, safe, and meet the basic needs of the workers.3.5 The company observing the code shall assign responsibility for health and safety to a senior management representative.4. Child labour shall not be used4.1 There shall be no new recruitment of child labour.4.2 Companies shall develop or participate in and contribute to policies and programmes which provide for the transition of any child found to be performing child labour to enable her or him to attend and remain in quality education until no longer a child; “child” and “child labour” being defined in the appendices.4.3 Children and young persons under 18 shall not be employed at night or in hazardous conditions.4.4 These policies and procedures shall conform to the provisions of the relevant ILO standards.5. Living wages are paid5.1 Wages and benefits paid for a standard working week meet, at a minimum, national legal standards or industry benchmark standards, whichever is higher. In any event wages should always be enough to meet basic needs and to provide some discretionary income.5.2 All workers shall be provided with written and understandable Information about their employment conditions in respect to wages before they enter employment and about the particulars of their wages for the pay period concerned each time that they are paid.5.3 Deductions from wages as a disciplinary measure shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the expressed permission of the worker concerned. All disciplinary measures should be recorded.6. Working hours are not excessive6.1 Working hours comply with national laws and benchmark industry standards, whichever affords greater protection.6.2 In any event, workers shall not on a regular basis be required to work in excess of 48 hours per week and shall be provided with at least one day off for every 7 day period on average. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis and shall always be compensated at a premium rate.7. No discrimination is practised7.1 There is no discrimination in hiring, compensation, access to training, promotion, termination or retirement based on race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.8. Regular employment is provided8.1 To every extent possible work performed must be on the basis of recognised employment relationship established through national law and practice.8.2 Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting, sub-contracting, or home-working arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment.9. No harsh or inhumane treatment is allowed9.1 Physical abuse or discipline, the threat of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation be prohibited.The provisions of this code constitute minimum and not maximum standards, and this code should not be used to prevent companies from exceeding these standards. Companies applying this code are expected to comply with national and other applicable law and, where the provisions of law and this Base Code address the same subject, to apply that provision which affords the greater protection.SMETA* AUDIT ADDITIONAL ELEMENTSA: Entitlement to Work & Immigration Additional Retailer Specific ElementsA1 Only workers with a legal right to work shall be employed or used by the supplier. A2 All workers including employment agency staff, must be validated by the supplier for their legal right to work by reviewing original documentation. A3 Employment agencies must only supply workers registered with them. A4 The supplier shall implement processes to enable adequate control over agencies with regards the above points and related legislation.B: Code and System Implementation: Retailer Specific Additional ElementsB1 Suppliers are expected to implement and maintain systems for delivering compliance to this Code. B2 Suppliers shall appoint a senior member of management who shall be responsible for compliance with the Code. B3 Suppliers are expected to communicate this Code to all employees and to their suppliers. B4 Suppliers should, where reasonably practicable extend the principles of this Ethical Code through their supply chain.C: Sub-Contracting & Home-working:C1 There should be no sub-contracting unless previously agreed with the main client.C2 Home-working should be properly managed.D: EnvironmentalD1 Suppliers shall seek to make continuous improvements in their environmental performance and, as a minimum, comply with the requirements of local and international laws and regulations.D2 The supplier shall be aware of and comply with their end clients environmental requirements.*SMETA= Sedex Members Ethical Trade AuditETI Base Code Principles of ImplementationThe purpose of the ETI is to identify, develop and promote good practice with respect to implementing codes of labour practice. Critical areas include monitoring and independent verification, and transparency and disclosure, to determine and communicate whether standards embodied in the code are being achieved. ETI members accept the following as general principles upon which to develop or refine their search for best practice.1. Commitment1.1 The company gives its membership of ETI, the code and its implementation process an informed and explicit endorsement. 1.2 This commitment is communicated throughout the company and to its suppliers and sub-contractors (including closely associated self-employed staff).1.3 A member of senior management is assigned responsibility for the implementation of compliance with the code.1.4 The code and the implementation process is integrated into the core business relationships and culture.1.5 The company will ensure that human and financial resources are made available to enable it to meet its stated commitments.2. Monitoring, independent verification, and reporting2.1 Member companies accept the principle that the implementation of codes will be assessed through monitoring and independent verification; and that performance with regard to monitoring practice and implementation of codes will be reported annually.2.2 Companies will engage with other members in the design, Implementation and analysis of pilot schemes to identify good practice in monitoring and independent verification and share this experience with other members.2.3 Company members will draw on this experience in establishing where relevant with other ETI members work plans to implement programmes of monitoring, independent verification, and reporting, and will report progress against these programmes to and through the ETI in a format and timing to be agreed.2.4 Workers covered by the code shall be provided with a confidential means to report failure to observe the code and shall be otherwise protected in this respect.3. Awareness raising and trai