Migrant Worker Policy

Pentland Brands

Pentland Brands Migrant Worker Policy | 2017 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

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1 2 3 Introduction Our Commitment Supplier and Partner and Definitions and Responsibility Responsibilities

4 5 6

Workplace Equality Legal Protection Policy Implementation Requirements

References Contacts

2 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Introduction and Policy Definitions

3 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Introduction Building a sustainable business has never Definitions

been more important. It’s also the right Migrant Worker thing to do, and our stakeholders expect it. International - A person who is engaged or has been engaged in a remunerated activity in a state of which he/she is not a national.

Domestic - A person who is engaged or has been engaged in a remunerated In today’s global supply chain there Unfortunately, migrant workers activity for which he/she has travelled are more migrant workers than ever are often provided little social to a foreign region of their national state before. Poverty, unemployment, protection, face inequalities in the specifically for employment. and civil and political conflicts labour market, and are vulnerable have encouraged many workers to to exploitation, forced labour and migrate in search of more rewarding sometimes human trafficking. Recruitment Agent employment. Many developing countries have increased demand for Poor, or exploitative recruitment A private employment agency (PEA), labour recruiter, labour broker, sub- labour, especially unskilled labour. practices can lead to debt bondage or unacceptable employment conditions. agent, or any other third party involved in the recruitment, selection, hiring, Supply chains in our industry sector For any queries, feedback, disclosures transportation, and/or management of tend to employ migrant workers when migrant workers in either sending or the availability of local low-skilled or whistleblowing please contact receiving countries. labour is in decline and employment [email protected] of migrant workers has become Sub-agent - A third party employed by a recruitment agent to help facilitate the a necessity. recruitment, including selection, hiring, and/or transportation of migrant workers.

4 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Our Commitment and Responsibility

5 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Our Commitment and Responsibility

Pentland Brands is committed to ensuring that migrant workers in our operations and supply chains are treated with due respect for their human rights, in accordance with Our Standards, local and international law and the Dhaka Principles for Migration with Dignity.

This policy is designed to provide detail on Pentland Brands’ expectations of our own operations, and those of our suppliers and partners.

Pentland Brands are committed to fully and consistently supporting our suppliers/partners who provide transparency on conditions and practices and actively engage in the process of developing and delivering agreed, time bound improvement plans where necessary.

6 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Supplier and Partner Responsibility

7 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Supplier1 and Partner Responsibilities

Pentland Brands require all our suppliers/partners Suppliers/partners should ensure that they adhere to adopt and implement this policy, or have a similar to the applicable national law in both the host country policy of their own. Our policy is aligned with the and the country of origin of migrant workers. Dhaka Principles for migration with dignity and the In applying policy, suppliers/partners must comply principles outlined in Our Standards. with national and other applicable laws and, where the provisions of the law and this policy address the We expect our suppliers/partners to provide full same subject, apply the provision that gives migrant transparency on current practices, and to adopt workers the greater benefit. and implement this policy or have a similar policy aligned with, or exceeding these requirements, and When adopting and implementing this policy, our to maintain appropriate process and documentation suppliers/partners should be particularly sensitive to manage. to challenges in communication that arise when employees and management do not share a Suppliers/partners who employ migrant workers common language. should expect Pentland Brands to conduct targeted audit of their policies and operational delivery. Suppliers/partners should ensure that neutral and reliable translation services are utilised and Pentland Brands understand that operational freely available to ensure successful and effective changes take time to affect, but our expectation is implementation of this policy. that all our suppliers/partners are fully committed to sustainable operational alignment. We expect the Suppliers/partners should not utilise translators alignment process to start immediately, through involved in the recruitment process for day to day shop policy development and seeking responsible legal floor communication, and facilitating communication and financial advice regarding obligations when between migrant workers and management. These recruiting migrant workers. roles should be clearly separated. 8 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Workplace Equality

9 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Workplace1 Equality

All workers are to be 01 04 treated equally and Migrant workers should not be treated less favourably Employers should not discriminate against migrant without discrimination. than other workers performing the same or similar work. workers on the basis of ethnicity, gender, national Moreover, migrant workers should be protected from or social origin, caste, age, politics, religion, sexual any discrimination that would constitute a violation of orientation, union membership, disability, health human rights. (e.g. HIV), pregnancy, or any other status, in line with local and national labour law, or international human 02 rights standards where these provide more protection for the worker. Migrant workers should not be treated less favourably than other workers in the allocation of jobs or tasks 05 (e.g. dirty, dangerous, or demeaning work). Medical or pregnancy testing should not be used 03 as a means of screening applicants for employment, and only conducted where required by the law. Migrant workers should have appropriate access to The results should only be used for legally required training, promotional opportunities, working hours, pay, purposes, or to make suitable provisions, e.g. in overtime, benefits, healthcare, union rights, and collective accommodation or healthcare provision. bargaining agreements without discrimination. Disciplinary procedures and termination policies should be fair, transparent and based on an equal treatment principle.

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Workplace1 Equality

06 08 10

Migrant workers should not face dismissal, or be Sexual harassment or discrimination against Where employers identify migrant workers that involuntarily repatriated for any medical reason women migrant workers should never be acceptable have become irregular or undocumented migrants (such as HIV positive status) that does not and complaints should be addressed promptly through no fault of their own, these workers impede their ability to perform their job, unless and with utmost concern when encountered. should not be discriminated against or threatened required by the law, in which case the employers with deportation. Where women become pregnant, they should should pay any outstanding wages and cover all not face punitive measures, including coercive The employer should explore ways to bring such repatriation costs. abortion, nor should they be denied reproductive workers back into regular status, or assist with healthcare. No pregnant women should face their repatriation where that is not possible. 07 dismissal or involuntary repatriation unless required by the law, in which case the employers Line managers and supervisors should be should provide maternity benefits and respect the adequately trained in working with migrant right to return to work after childbirth. workers in a non-discriminatory manner, including sensitising staff on the rights of women migrant workers. 09 Migrant workers already in the country of employment should have the same opportunities for employment as migrant workers recruited across borders.

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Legal Protection

12 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Employment1 Law Protection

All Migrant Workers Migrant workers should have a legally recognised 03 should enjoy the employment relationship with an identifiable and legitimate employer in the country where the work Suppliers/partners should be familiar with the legal protection of is performed. requirements and necessary documentation for migrant workers in countries of origin and destination, and Employment Law ensure that proper legal procedures are followed and 01 any necessary paperwork is obtained. An agreement between a worker and a recruitment agent for job placement in another country should not 04 be treated as a substitute or an alternative to a written contract of employment between the migrant worker All work shall be voluntary and migrant workers shall and the supplier/partner in the country in which the be free to terminate their employment with a supplier/ work is performed. partner upon reasonable notice without penalty.

Suppliers/partners should provide migrant workers with a written contract of employment according to the national law and practice of the country in which the work is performed. Where necessary an authorised translation of the contract should be provided in a language each worker understands.

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Policy Implementation Requirements

14 Commitment & Contents Introduction Supplier & Partner Workplace Equality Legal Protection Policy Requirements References Responsibility

Policy Implementation Requirements

A 01 B Prohibited fees • Agency service fees, recruitment or Migrant workers under the age Suppliers/partners should employ No Fees are charged placement service fees in both sending of 18 should not be recruited policies and procedures that reflect to migrant workers and receiving countries its commitment not to recruit migrant • Airfare or fare for other mode of international It is the employer’s responsibility to The employer should bear the full costs workers who are under the age of 18 transportation, terminal fees, and travel taxes ensure due diligence in avoiding recruitment of recruitment, placement and contract- and should require the same from • Country of Origin Migrant Worker card of migrants under the age of 18 years. end repatriation. recruitment agents. • Passport & application facilitation documents • Visa 01 • Host country work and/or residence permits 02 (including renewals) Except when specifically required • Pre-deployment skills tests, certifications, Suppliers/partners and their recruitment by receiving country law, no worker medical exams or other requirements agents must have procedures in place to shall be required to lodge deposits for employment by receiving country or verify each migrant workers’ age as or security payments, or have such supplier/partner a part of the recruitment process. deducted from earnings. • Receiving country medical exams • Pre-and/or post departure training or orientation 03 02 • Transportation in receiving country to and from port/place of entry to supplier Suppliers/partners should have an explicit Suppliers/partners and their recruitment facility or provided accommodations policy which prohibits the charging of agents should have a remedial • Security deposits or bonds migrant workers for recruitment, placement procedure in place to manage any • Levy or other government required fees and contract-end repatriation costs or cases where a migrant worker under • Insurance fees as detailed opposite. Also consider the age of 18 was recruited. • Contributions to worker welfare funds or the EICC initiative and definition of government provided benefits in sending recruitment fee; countries required to be paid by employer

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Policy Implementation Requirements

03 05 07 10 Suppliers/partners that use recruitment Suppliers/partners shall establish Recruitment agents should be transparent Any costs that need to be covered by a agents should only use partners that appropriate due diligence and monitoring with details of any further agents/sub- migrant worker, relating to recruitment are legally registered, or recruit directly. programmes well in advance of agents used, including their charges or other requirements of employment or Wherever possible suppliers/partners recruitment, to screen and manage any and terms of engagement. Recruitment recruitment should be explicitly specified should recruit workers directly without recruitment agents used to select, recruit, agents shall be wholly responsible for in the job advertisement and interview using a third party supplier. and/or transport foreign migrant workers the conduct of any sub-agents, who must process, and should not include any of to their workplaces. also comply with this policy. the prohibited costs outlined above. 04 Due diligence shall require the supplier/ partner to evaluate the recruitment 08 11 All contracts with recruitment agents agent’s legal status, ethical practices, any should specify that no fees (as per above) Suppliers/partners and recruitment agents Evidence of payment (written receipts) record of penalties or complaints, and the are to be charged to recruited workers. should inform applicants through job should be provided to the migrant worker, capability of the agent to fulfil the supplier/ advertisements and the interview process stating the clear amount and date of partner’s requirements while meeting the that the applicants should not bear any payment. In some sending countries, the specifications of this policy. costs of recruitment and placement. fees are required to be listed in the form of a mandatory statement (i.e. affidavit). 06 09 Suppliers/partners should conduct regular Suppliers/partners and recruitment agents audits of recruitment agents to ensure that should provide successful applicants with a they meet the requirements of this policy breakdown of legitimate recruitment expenses and of the agreement between the that are to be covered by the supplier/ recruitment agent and the supplier/partner. partner prior to signing the job contract.

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Policy Implementation Requirements

12 Confidential channels should be available to migrant workers for reporting complaints Suppliers/partners should cover about fees. Any fees found to have been the full cost of transit to and from the paid by the migrant worker to secure migrant worker’s home country to the employment should be immediately host country, from an agreed upon point refunded to that worker. of departure. Any costs levied for internal transport 14 in the country of origin as part of the recruitment process in advance Any health checks required for migrant of contract signing shall be clearly workers as part of the recruitment process explained in writing to all applicants should be at the cost of the supplier/partner. through job advertisements and the Health checks and reports on applicants interview process. should merely indicate the worker’s fitness or otherwise to undertake the job. Pregnancy testing should not be 13 conducted unless stipulated by local law. Suppliers/partners should have an effective system in place to check with 15 migrant workers on arrival that recruitment agents, sub-agents or any third parties Should the employment contract be have not charged any fees for recruitment extended, the supplier/partner should pay or placement, and should take remedial the full cost of extending working visas, action if fees have been levied. and any associated costs.

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Policy Implementation Requirements

• The applications of short-listed candidates are 17 18 provided to the supplier/partner for final selection. • Recruitment agencies must ensure that Timelines for recruiting migrant Suppliers/partners should provide a selected workers are informed in their own workers need to be adequate to ensure written grievance policy that promotes language, or a language understood by responsible delivery of services by the the worker. worker disclosure, and prohibits reprisals recruitment agent. against workers, relating to any recruitment • Workers must clearly understand and freely accept the terms and conditions fees or expenses paid by them during of employment prior to recruitment. the recruitment, selection, and hiring or • The employment contract must include employment process. all terms and conditions and be signed by 16 each worker. 19 • Migrant workers must be provided with copies Procedures to be followed for recruiting of all relevant employment contracts. Suppliers/partners should provide a clear workers should comply with national law • Pre-departure training should be provided policy prohibiting ‘introduction fees’ being in both origin and destination countries. to the successful candidates, covering what paid by the migrant worker to any party, However, where not specified, the following documentation will be provided and the relevance of each, terms and conditions of including recruitment agents, HR staff, process may be considered appropriate. employment, workplace health and safety, internal translators, supervisors or other complaint mechanisms, relevant law and the employees or 3rd parties. • Supplier/partner informs the approved recruitment culture applicable to working and living in the agency of the job-related information, general host country. Training should be paid for fully Charging new recruits a commission to help conditions of work, remuneration, and skills by suppliers/partners. required of applicants, as well as specific them find a job in the factory should recruitment costs to be borne by the worker • Suppliers/partners, and the approved recruitment be grounds for disciplinary action against and the supplier/partner respectively. agency, should liaise with immigration and any employee. other authorities concerned to ensure that • The partner/supplier or nominated recruitment selected applicants are equipped with visas agent will interview the applicants for pre-selection. or other forms of country departure and entry • The pre-selection process must be permission, work permits or labour cards, and consistent and formalised (documented). health insurance or health service access.

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Policy Implementation Requirements

C 02 D On arrival, contracts, terms and conditions should be checked for consistency Providing adequate orientation The workplace should be made navigable Employment contracts are clear with the contract agreed at the time of for all employees; and transparent: recruitment by a workers’ representative. Migrant workers should receive adequate orientation relating to living and working in • All written signs and information must be Migrant workers should be provided duplicated in all employee’s native languages with written contracts in a language the host country. 02 • For illiterate employees, the information should each worker understands, with all terms be explained to them in their own language by and conditions explained clearly via All conditions of employment for migrant 01 a translator conversation. Suppliers/partners should workers should be the same as those • The employer provides cultural understanding All migrant workers should receive and, where necessary, language training for ensure that each worker’s agreement to afforded to local workers. training that includes; supervisors. Simple miscommunication and/or be employed is obtained without coercion. misunderstandings can be avoided if supervisors • Basic legal rights and entitlements, as well as and workers are sensitised to each other’s obligations in accordance with all relevant laws cultural and communication styles. 01 • Culture and practices of the host country or • The employer must determine whether Contracts should be signed, prior to receiving community it requires a translator to effectively deployment (migration), and adequate • Safe sex, reproductive health and HIV/ communicate with migrant workers who time should be allowed so the full AIDS prevention do not speak the language of the managers and supervisors implications of the contract can be • Employer rules and regulations, disciplinary systems, communication systems, and understood. Contract signing at the grievance processes border entry or point of arrival, or any • Migrant workers should receive the employer time thereafter should be prohibited. handbook and/or work regulations in a Contracts should be signed at least language they understand 7 days prior to departure. • Guidelines on how to react if they are stopped by police, and details of how the employer will support them in difficulty

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Policy Implementation Requirements

04 06 03 Suppliers/partners should ensure Contracts should be legally enforceable in Contracts should be provided to migrant workers applicants are able to demonstrate the receiving country. in their mother tongue and should specify; a clear understanding of the employment arrangements. 07

• Employee name • Accommodation and meal provisions Changes to contracts after deployment, 05 • Date of birth • If accommodation and/or meals are to be even where expressly required by law, • Birthplace provided, detail and example photographs Contracts should be directly between the should not be made without migrant should be provided in the employment workers consent and only after adequate • Nationality supplier/partner and the migrant worker. contract, with clarity as to charges, or explanation and consultation with a • Passport number/Date of expiry wage deductions Contracts should not be between the migrant worker and the recruitment agent, worker representative. • Job role • Estimated minimum net pay the worker or any other 3rd party. • Description of work should expect to receive each month • Any/all benefits to be provided to workers • Occupational Category 08 (skilled/semi-skilled/unskilled) including medical coverage, holiday pay, sick pay, annual leave and public holidays. • Length of contract & renewal conditions Suppliers/partners should take steps to • Maximum allowable overtime hours identify any form of contract inaccuracy, • Probationary period and terms consistent with the law of the country deception or substitution perpetrated by • Gross pay rate to be paid and Our Standards the recruitment agency, and take swift • Pay Day • Grounds on which the contract may be terminated. effective remedial action where necessary. • Overtime wage rates to be paid Equally, the recruitment agency should • Bonus and allowance, and conditions ensure that any contract agreed between for attaining and maintaining migrant worker and employer is consistent with the contractual terms agreed at the time of recruitment.

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Policy Implementation Requirements

E 03 The process should involve meaningful consultation with migrant workers, their Policy and procedures Contracts with business partners, representatives, as well as migrant rights are inclusive particularly recruitment agencies, should groups and trade unions representing set out clear guidance on migrant workers’ workers in the area or the industry. Migrant workers’ rights should be explicitly rights and compliance expectations, referred to in employer and recruitment as well as standards against which agency human rights policies, relevant performance can be measured. 05 operational policies and procedures addressing human rights responsibilities. Human resource managers, supervisors 04 and line managers should be trained to 01 ensure that company policies are effectively Recruitment agencies should also conduct and fairly applied to migrant workers. Suppliers/partners should adopt a migrant and demonstrate on-going due diligence in workers policy based on international protecting the human rights of migrant human rights law. workers. They should determine that workers are recruited legally, in accordance with this policy and the Dhaka Principles, 02 and have not been trafficked or exploited.

Policy should be approved at the most They should also carry out due diligence senior level of the business. on the employer and conditions at the place of work, including health and safety conditions for the migrant workers.

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Policy Implementation Requirements

F 02 G 03

No worker’s documents Where voluntary safe storage systems Wages are paid regularly, There should be no hidden deductions of should be retained are provided, it should be made clear directly and on time which migrant workers are unaware when to migrant workers in their conditions of signing the employment contract. When documents are taken from workers Migrant workers should be paid employment that they shall have free, for processing, confirmation receipts consistently, earn at least the minimum direct and immediate access to them on should be issued, a photocopy of the legal entitlements, and receive payment request. Suppliers/partners should retain 04 document should be provided to the directly and on time. a written record of the worker’s consent. worker, and such documents should be Withholding or delay of payment should returned in the shortest possible time. 01 be prohibited.

Only duplicate documents should be held 03 Wages to be paid on a regular basis in by the supplier/partner, in the workers’ accordance with the terms of the contract No supplier/partner, recruitment agent, personnel files. and national law. or any other individual should withhold the bankbook, ATM or credit cards of any 01 employee, have access to employee’s 02 Safe, lockable storage, for important financial records or control access to personal documents and possessions, funds or remittances. No deductions beyond those allowed should be provided to migrant workers. by applicable national law should be Workers use of provided storage should made from a worker’s payments. If such be voluntary. Access should be limited deductions are allowed by national laws, to the employee. Safe keeping of such deductions and the conditions documentation or possessions by the involved shall be outlined clearly in a employer at the request of any employee workers’ contract and payslip. is not an acceptable alternative.

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Policy Implementation Requirements

05 08 H 02

Payments should be made directly to Forced saving schemes, deposit, and The right to worker representation Suppliers/partners should not take any employees, or via an official banking ‘runaway insurance’ should be prohibited. is respected measures that would have the effect of system. Payments should not be made discouraging workers, including migrant via any third party, e.g. a recruitment agent, Migrant workers should have the right to workers, from forming or joining a trade spouse or relative. Migrant workers should 09 join and form trade unions and to bargain union or participating in collective bargaining. be able to choose their own bank freely. collectively, as should all workers. Tracking payment processes should be Workers should not be subject to any an integral part of managing migrant discrimination or dismissal because 01 they support or are seeking to join or 06 workers within company operations and establishes a paper trail for assurance All workers, including migrant workers, form a trade union. Contracts should not Migrant workers should have full and and monitoring of the labour supply. should have the right to join or form discourage workers from joining unions complete control of any money earned. a trade union of their choice and and bargaining collectively. Pay should be deposited into a bank bargain collectively. account in the migrant worker’s own Where the government does not permit 03 name, not the name of the employer, nor this, the employer should ensure this in the case of female or young workers human right is still respected and seek In situations where migrant workers are into the account of a spouse or relative. to promote other suitable forms of social not legally permitted to be represented dialogue in the workplace, ensuring by legally recognised trade unions, the democratic representation of the supplier/partner, to what extent possible, 07 whole workforce. shall respect and promote the right to self-organisation of migrant workers and All workers should receive detailed positively engage with representatives of pay slips in a language each such organisations. worker understands.

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Policy Implementation Requirements

04 I and communicated to all workers in a language each worker understands. Suppliers/partners should facilitate Working Conditions are the participation of migrant workers in safe and hygienic the industrial relations of the business. 03 Independent translation facilities Migrant workers should experience safe should be made available to allow and hygienic conditions of work, free from Disciplinary procedures should not entail migrant workers to communicate harassment, any form of intimidation or the use of punitive fines. No workers confidentially and collectively with inhuman treatment. They should receive should be forced to sign a letter of worker representatives. adequate health and safety provision and resignation in advance or any blank paper. training in relevant languages. Employers should make facilities available and provide reasonable time 01 04 off for union work place representatives to advise migrant workers of workplace Migrant workers should not be subjected Migrant workers should be able to terminate issues and their rights. to harassment, harsh or inhumane their employment with reasonable notice treatment. The use of threat of physical without penalty, or as provided in national force or sexual violence, or intimidation of law. The employment contract should any kind should be strictly prohibited. stipulate a period of reasonable notice for termination, initiated either by the employer or the worker. 02

All conditions of work, including regular hours, voluntary overtime, permitted breaks, days off, and disciplinary procedures where applicable should be clearly defined

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Policy Implementation Requirements

05 Labelling of hazardous chemicals/equipment 10 11 and operational instructions for machinery Migrant workers should not be forced to etc. should also be translated into relevant Suppliers/partners should provide or Migrant workers should have access to work overtime, and disciplinary measures languages. Posters and safety notices ensure access to healthcare for all worker compensation in cases of injury. should not include forced overtime work. should also be in a language each worker workers. Policy should be developed This should not be restricted only to Nor should there be any threat of dismissal, understands or in pictorial form. Migrant and documented to cope with illness, those with regular migrant status. penalty, or involuntary repatriation in cases workers should be required to provide accident or pregnancy of migrant workers where migrant workers refuse to work feedback to demonstrate their understanding. and provide them with information on beyond contracted hours on any occasion. the prevention and treatment of relevant 12 Consent to undertake overtime work should infectious and communicable diseases, be evidenced in writing on each occasion. 08 including sexually transmitted diseases. Migrant workers should be provided, at no cost to them, with all the necessary Suppliers/partners should carry out regular health and safety equipment, uniform 06 due diligence to determine workplaces or other materials required to carry out are safe, and should ensure that any the job assigned to them as part of their Migrant workers should be free to return workers recruited/placed receive health employment safely and effectively. home during paid leave without fear of and safety training. Free replacements of such materials reprisal or sanction. when worn or damaged should be provided at times of reasonable frequency. 09 07 Suppliers/partners should respect Suppliers/partners should ensure that migrant workers’ religious practice, make migrant workers are included in all appropriate facilities available for religious health and safety training provided at the observance, enable access to places of workplace and that this is performed in worship and ensure their meals conform a language each worker understands. with any religious requirements.

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Policy Implementation Requirements

J 01 03 05

Living Conditions are safe Migrant workers should be able to choose Suppliers/partners should make provision Suppliers/partners should take account and hygienic whether to live in company-provided housing for safe travel between company housing of migrant workers’ dietary needs related or to make their own living arrangements. and the workplace where needed. This to health or religious requirements, and Migrant workers should enjoy safe Where migrant workers decide not to live should include safe transport for women, make appropriate meals available in and hygienic living conditions and safe in company housing, the employer should particularly after dark. Organised transport dormitory canteens. transport between the workplace and their provide them with clear information in a should be frequent so as not to negatively accommodation. Migrant workers should language each worker understands on impact personal time. not be denied freedom of movement, or accommodation options and details of 06 confined to their living quarters. transportation to and from the workplace. 04 Suppliers/partners should provide or facilitate access to social and leisure 02 No suppliers/partner or landlord should activities for their migrant workforce. confine migrant workers to their living All accommodation provided by the supplier/ quarters or restrict their freedom of partner to migrant workers should be movement outside of working hours. 07 safe, clean and hygienic, with potable and Security personnel should not impede running water, adequate sanitary facilities, migrant workers’ ability to come and go. Migrant workers living in company- as well as temperature-control equipment provided housing should have access Any restrictions on freedom of movement where necessary. Workers should have to recreation facilities. resulting from legal requirements or as a adequate personal space, a secure locker result of legitimate security concerns should for valuables and documents, and some be set out in the employment contract. access to privacy. Buildings should meet all laws concerning multiple occupancy dwelling and local building regulations.

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Policy Implementation Requirements

K The mechanism should be explained, 04 06 and fully accessible, in a language each Suppliers/partners should ensure that Dismissal procedures should always Access to remedy is provided worker understands. Genuinely confidential company grievance policies and procedures allow for a proper suspension period, to channels to lodge complaints or raise Migrant workers should have access to adhere to relevant laws, are timely, and meet enable workers to pursue an independent concerns should be provided. judicial remedy and to credible grievance the eight effectiveness criteria set out in the investigation without risk of deportation. mechanisms, without fear of recrimination United Nations Guiding Principles. Grievance or dismissal. 03 procedures should be reviewed regularly with input from workers’ representatives, and 07 01 Suppliers/partners should make appropriate performance should be tracked impartially. Migrant workers whilst pursuing complaints provision for all workers to lodge complaints should have the right to remain employed. All workers should have access to judicial (individually or with other workers) and to Accommodation should remain available or non-judicial grievance mechanisms seek remedy without fear of financial penalty, 05 throughout the complaints process. beyond the company level, including intimidation, recrimination or dismissal. legal complaints procedures. Migrant Suppliers/partners should never threaten Suppliers/partners should not interfere workers should not be denied access to or contact immigration authorities as a with migrant workers’ approaches to worker 08 to consular services. means of eliminating or deterring complaints. representatives who can provide impartial advice on, and support with accessing, Grievance mechanisms for female migrant appropriate grievance mechanisms, workers should include safe processes 02 including translations/interpreting and legal specifically designed to identify and address assistance. Employers should not use sexual harassment or other gender-related Suppliers/partners should provide access such mechanisms to undermine any complaints. It may be appropriate to provide to workplace level grievance mechanisms, workers’ right to form or join trade unions safe alternative accommodation, in cases administered by themselves, Pentland or to use such mechanisms to deny access involving sexual harassment, during the Brands, trade unions or in collaboration to legal remedy. complaints process. with others.

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Policy Implementation Requirements

L 01 03 05

Freedom to change employment Suppliers/partners should either provide Where migrant workers terminate their Suppliers/partners should honour is respected, and safe, timely or arrange and pay for migrant workers’ contract early, there should be no penalty contracts with migrant workers and return is guaranteed airfare or other reasonable transport and the usual assistance in repatriation not use false reasons for terminating a costs associated with safe repatriation in should be provided. worker’s contract prematurely to avoid Migrant workers should be guaranteed completion of their contract or as provided the costs associated with repatriation at provision for return home on contract in national laws. the end of the normal contract term. 04 completion and in exceptional situations. All migrant workers’ contracts should They should not be prevented from include clauses guaranteeing safe and Suppliers/partners should provide migrant seeking or changing employment in the 06 timely return home at the end of the workers with return tickets home at the host country by placing restrictions that contract, or during the contract in cases employer’s expense prior to the end of In cases of retrenchment, the supplier/ go beyond any found in national law. of medical emergency or political and civil the contract if a migrant worker becomes partner should assist migrant workers unrest that put workers’ lives in danger, or pregnant, needs to travel home in finding new work, or provide a proper threaten the closure of the workplace. for a family emergency, or wishes to leave compensation package, including the the place of employment for any reason costs of returning home. and at any time, unless the migrant worker 02 is in clear breach of contract. At the end of a contract all migrant workers should be paid outstanding wages and any other benefits or savings accrued in full. These should be paid to the workers before they leave for home.

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Policy Implementation Requirements

M 03

Integrating migrant workers Suppliers/partners must allow all workers access to their smartphones and Suppliers/partners should encourage communication devices during production 2-way communication with their migrant break periods. workforce in making integration comfortable, mutually beneficial and sustainable. 04 01 Leisure and recreation facilities and formation Language training in the host country of clubs should be considered, especially should be offered. those offering health benefits such as access to sport and outdoor activities.

Communication should be facilitated between the workers and their families by providing using low cost systems. Free provision of computer and WIFI access should be considered. Where grievance systems are reliant on smart technology access to WIFI must be provided. This can be limited to break-times and communal locations.

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References

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References1

Please click on the links below to access the references used for this policy document.

Dhaka Principles Our Standards

Dhaka Principles for Pentland Brands’ Business migration with dignity Standards policies

Ethical recruitment UN Guiding principles Principles

The IRIS Standard UN Guiding Principles Labour recruiter’s ethical on Business and recruitment principles Human Rights

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We encourage feedback on any For any queries, feedback, Contacts of the content in this manual. disclosures or whistleblowing please contact: [email protected]

Thank you