Indicator 3.9.1

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Indicator 3.9.1

by Contact on 8 October 2026

Requirement

The UoC shall ensure that working hours comply with applicable legal requirements and any collective bargaining agreements in place on premium rates, working hours, shift patterns, breaks, daily rest, weekly rest and annual leave.

How Do I Interpret This Requirement?

  • National legal requirements on working hours, premium rates, rest times, shift patterns and annual leave can vary according to the country where the UoC is located.

  • National legal requirements should always form the minimum requirement for the UoC.

  • Collective bargaining:

    • is a voluntary negotiation between employers and organisations of employees to establish the terms and conditions of employment by means of a written collective bargaining agreement (CBA)

    • typically covers wages, working hours and working conditions.

    • In the event that national legal requirements, collective bargaining agreements and the ASC Farm Standard differ, the strictest rule always applies.

  • Annual leave:

    • is the longest period of rest available to employees

    • allows physical and mental recuperation, and a break from the workplace

    • is paid with normal wages or with additional holiday pay on top of the normal wage (e.g. 13th month)

    • can be taken in days or weeks, with employees being allowed at least a 2-week block, as suggested by ILO standards.

    • Laws in many nations set fixed monthly and yearly minimum leave days.

  • ILO Convention No. 132 (Holidays with Pay Convention, 1970) specifies that annual leave is:

    • 3 weeks of leave for 1 year of service

    • typically accrued monthly

    • calculated pro-rata to their contracted working hours,

  • ILO Convention No. 146 (Seafarers’ Annual Leave with Pay Convention, 1976) can apply in aquaculture when vessels used by the site and subcontractors travel between sites in open water. This convention specifies:

    • 30 days of annual leave for 1 year of service.

  • Annual leave days are not the same as public holidays, which are:

    • set by governments for cultural or historical reasons

    • not counted as part of annual leave days.

Evidence of Implementation

  • any written collective bargaining agreements that are in place

  • information about national legal requirements regarding premium rates, working hours, shift patterns, rest breaks and annual leave.

Auditors Should Confirm

  • employees understand that they have the right to engage in collective bargaining about their terms and conditions;

  • employees have been provided the opportunity to engage in collective bargaining

  • any collective bargaining agreements in place meet national legal requirements or the ASC Farm Standard, whichever is stricter, at a minimum.

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