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Feed Dependent

Species

Indicator 3.2.12

Requirement

The UoC shall offer employees free-of-charge and safe transportation for employees to leave the site when it is not easily accessible. **

How Do I Interpret This Requirement?

  • In order to ensure that the employee is freely able to leave the workplace as per Indicator 3.2.11, the UoC provides reasonable transportation for employees to reach nearby communities when:

    • there is no public transportation

    • there are no easily accessible, available and affordable private transportation options.

      • the UoC should agree with employees about what easily accessible and affordable means in their context. Employee representation can support with this.

    • An example of reasonable transportation to leave the premises would be the provision of a free shuttle at the start and end of each shift to the nearby towns where employees live, in areas where there is no public transport.

    • Where the workplace is remote, transportation may only be necessary at the end of an agreed upon time period, such as a shift.

Evidence of Implementation

  • company policy about transport for remote sites

  • transport logs / schedules

  • vehicle maintenance logs

  • third party transport contracts.

Auditors Should Confirm

  • whether there are public transport options to the site;

  • how employees travel to and from the work site;

  • available vehicles for transport appear safe and sufficient;

  • there are no transport fees in wage records.

Indicator 3.2.11

Requirement

The UoC shall not keep employees involuntarily at the site outside of a shift, including confining them in employee accommodation. **

How Do I Interpret This Requirement?

  • Keeping employees trapped at the workplace is a key indication that there is forced labour.

  • Preventing this can include that employers communicate to employees that they are allowed to:

    • leave the worksite

    • leave their accommodations when living on site, when they are not on their shift.

    • This does not apply where staying on site is part of the agreement of contracts, for example a two-week shift on a feed barge followed by one-week off.

Evidence of Implementation

  • employee contracts

  • working hours records.

Auditors Should Confirm

  • that employees understand that they are free to leave the site when they are not on their shifts;

  • that there are no restrictions evident, such as locked gates, or external locks on dormitories.

Indicator 3.2.10

Requirement

The UoC shall allow employees to move around the workplace to freely access sanitary facilities and have access to drinking water during their shift. **

How Do I Interpret This Requirement?

  • The UoC should ensure that employees’ access to drinking water is unrestricted.

  • Free movement of employees to use sanitary facilities and access water:

    • helps prevent:

      • dehydration

      • heath stress

      • related health issues that can arise when workers are denied access to water

      • accidents and injuries caused by discomfort or dehydration.

      • is sometimes guided by health and safety or food safety procedures. For example, the farm may need employees to change clothes for food preparation or move to a designated area for health and safety reasons.

      • Where employees have special needs, for example health needs that require frequent food and water, these needs are accommodated.

      • Employee representation and clear grievance mechanisms (Criterion 3.12) can support these practices.

Evidence of Implementation

  • clearly labelled sanitary facilities and drinking water.

Auditors Should Confirm

  • that employees are aware of this requirement and feel able to access these basic needs.

Indicator 3.2.9

Requirement

The UoC shall have a policy if providing loans and advances, in which the terms and conditions are not used to bind employees to employment. The policy shall be communicated to employees in an understandable manner. **

How Do I Interpret This Requirement?

  • This indicator only applies if loans and/or advances are provided by the UoC to its employees.

  • The policy should be documented and accessible and could for example include the following items:

    • eligibility

    • types of financial assistance available (for example, loans for specific purposes such as medical emergencies, education, or unexpected expenses and advances)

    • approval process

    • repayment terms

    • applicable interest and fees (note: interest cannot be charged on advances)

    • confidentiality

    • transparency.

    • Communicating in an understandable manner means that the UoC ensures that all employees understand the policy.

Evidence of Implementation

  • loans and advances policy

  • payslips and pay records

  • signed agreements with the employees who are entering into the loan.

Auditors Should Confirm

  • that employees understand the conditions around loans and advances.

Indicator 3.2.8

Requirement

The UoC shall not engage in prison labour, including where any recruitment agencies are used. **

How Do I Interpret This Requirement?

  • Prison labour often involves the use of incarcerated individuals under conditions that can amount to forced labour.

  • Such employees may not have the freedom to choose their employment, which may be assigned as a condition of their incarceration or reintegration.

  • This indicator applies to any person held involuntarily, which includes:

    • unauthorised immigrants

    • refugees

    • people awaiting trial or sentence

    • prisoners

    • people in drug rehabilitation programmes

    • people held for retraining

    • people held for political reorientation.

    • This indicator also applies to reintegration programmes where work may be voluntary and persons held/prisoners may receive a salary.

      • Although the intention of such programmes is to facilitate an inmate’s transition back into society, ASC does not allow such programmes under the ASC Farm Standard as it is not in a position to monitor the fairness of such practices and ensure that there is no exploitation of people on a global scale.

    • The UoC is responsible for ensuring that any recruitment agencies used are not engaged in prison labour for employees working at the UoC.

Evidence of Implementation

  • employee contracts

  • written agreements with any recruitment agencies.

Auditors Should Confirm

  • whether any recruitment agencies are used, and where they source employees from.

Indicator 3.2.7

Requirement

The UoC shall ensure that employees, whether employed directly or through a recruitment agency, are not charged any fees associated with recruitment, employment or travel and repatriation. **

How Do I Interpret This Requirement?

  • Charging employees fees for recruitment or during employment can lead to debt bondage and makes employees vulnerable to exploitation and coercion.

  • If fees are found, the UoC shall reimburse them as soon as possible.

  • Following are a list of recruitment fees and related costs as determined by the ILO and adapted from their guidance that may be incurred as a result of the recruitment process and that are not to be charged to potential or actual employees:

    • recruitment fees:

      • payment for services provided by a recruitment agency to match employers with applicants for employment

      • payment for the recruitment of potential employees for the purpose of employing them to perform work for a third party

      • payments to sub-agents as a finder’s fee

      • payments required to cover costs of recruitment fees from employees

      • payments to cover costs of recruiting referral and placement services, for example advertising positions or conducting interviews.

    • related costs are expenses related to recruitment and placement within or across national borders, and when related to the recruitment process and initiated by a recruitment agency or employer or an agent acting on behalf of those parties, are not paid by the employee or potential employee. These can include:

      • medical costs: payments for medical examinations, tests or vaccinations

      • insurance costs: costs to insure the life, health or safety of an employee, including enrolment in migrant welfare funds

      • costs for skills and qualification tests, for example: language tests

      • costs for training and orientation: including on-site and pre-departure or post-arrival orientation of new employees

      • travel and lodging costs within the recruitment process, including for training, interviews, consular appointments, relocation, and return or repatriation

      • application and service fees that are required for the recruitment process, including fees for services in preparing, obtaining or legalising workers’ employment contracts, identity documents, passports, visas, background checks, security and exit clearances, banking services, and work and residence permits

      • equipment costs: for tools, uniforms, safety gear and other equipment needed to perform assigned work safely and effectively

      • this list of costs is not exhaustive.

      • Undisclosed costs are also never allowed, such as previously undisclosed cost recovery-fees for expenses after they occur.

      • The UoC is responsible for ensuring that any employees who are working at the UoC but recruited and/or contracted by a recruitment agency have not been charged any fees or costs, as outlined above.

Evidence of Implementation

  • employee contracts

  • contracts with any recruitment agencies that contain an agreement that workers will not be charged any fees towards recruitment at any stage of recruitment

  • payslips and pay records.

Auditors Should Confirm

  • whether a recruitment agency has been used for recruitment;

  • that wage terms listed in contracts match payslips or payroll records and there are no hidden fees being deducted;

  • whether contracts of migrant workers contain clauses about repatriation;

  • employees’ perceptions of the nature and conditions of their recruitment process.

Useful Resources

Indicator 3.2.6

Requirement

The UoC shall ensure that employees, whether employed directly or through a recruitment agency, do not have any part of their salary, property, or benefits unlawfully withheld. **

How Do I Interpret This Requirement?

  • A common tactic in forced labour situations can be to withhold salary, property or benefits, to pressure an employee to stay in employment.

  • Benefits can be:

    • those allowed by law

    • defined by contract

    • defined by collective bargaining agreement

    • inclusive of, for example:

      • paid time off

      • sick leave

      • health insurance

      • private pensions scheme

      • can include bonuses.

  • There are situations where withholding salary, property or benefits are legally required, and so allowed under this indicator. For example:

    • Salary withholdings, as required by the government. For example, part of a salary is sometimes withheld by a government for:

      • statutory pensions

      • health insurance

      • taxes

      • or a government can sometimes require the withholding of salary to pay overdue child-care support costs to another parent

      • or a government can require the withholding of salary to pay overdue taxes.

      • Salary deductions, as defined in a contract or collective bargaining agreement, that are agreed by both parties. For example, an agreed voluntary deduction for housing costs could be allowable.

      • Bonuses, which are considered optional and additional to the agreed salary and benefits. However, if clearly defined performance targets related to a bonus payment have been achieved, then the bonus cannot be withheld.

      • The UoC is responsible for ensuring that any employees who are working at the UoC but recruited and/or contracted by a recruitment agency do not have any parts of their salary, property or benefits withheld unlawfully.

Evidence of Implementation

  • employee contracts that include information about any wage deductions

  • payslips and payroll records

  • evidence that recruitment agencies do not unlawfully withhold any salary, property or benefits.

Auditors Should Confirm

  • contracts do not contain any unlawful deductions;

  • wage terms listed in contracts match payslips or payroll records;

  • any deductions made from wages such as taxes, or social security, are lawful, transparent, and authorised by the employee;

  • employees are aware of the purpose of any deductions being made.

Indicator 3.2.5

Requirement

The UoC shall ensure that employees, whether employed directly or through a recruitment agency, are allowed to terminate their employment according to their employment terms and conditions.

How Do I Interpret This Requirement?

  • The word ‘directly’ means an employee who is employed by the UoC, rather than by a recruitment agency.

  • The UoC is responsible for ensuring that any employees who are working at the UoC, but recruited and/or contracted by a recruitment agency are also allowed to terminate their own employment.

  • The UoC should also be aware of and comply with local labour laws and regulations related to employment termination.

  • The UoC has fair and transparent employment agreements (see Criterion 3.7) that are:

    • documented

    • specify termination conditions, which may include:

      • providing written notices

      • maintaining records of the process.

  • Examples of unacceptable terms and conditions relating to terminating employment are:

    • a defined period where employees are not allowed to resign or terminate their employment

    • employees are not allowed to resign without permission from management

    • employees are required to pay fees in order to resign or terminate their employment

    • anything in the terms and conditions that is contrary to local labour laws and regulations.

    • To ensure that any disagreements or conflicts about termination are reported without fear of retaliation, and resolved, it is also important that there are accessible and effective grievance mechanisms in place (see Criterion 3.12).

Evidence of Implementation

  • employee contracts that include conditions for termination of employment

  • records of resignation

  • evidence that recruitment agencies allow employees to terminate their employment.

Auditors Should Confirm

  • whether or not employees are aware of how they can terminate their employment if they wish, and what the terms and conditions are for doing so.

Indicator 3.2.4

Requirement

The UoC shall ensure that original identity documents are not retained, including by any recruitment agencies used. If a secure storage option for identity documents is provided, the UoC shall ensure that: a) it is the choice of the employee to use the storage, and; b) stored items are logged, and; c) employees have free access to the storage.

How Do I Interpret This Requirement?

  • The retention of identity documents is a violation of employees’ basic rights.

  • When employees cannot easily prove their identity or citizenship status or have the documents required to travel, they become more vulnerable to exploitation.

  • Employees should always either possess or have access at any time to their original personal documentation, including documentation needed to terminate employment, and to leave the country and travel freely. For example:

    • ID cards

    • passports

    • visas

    • If a recruitment agency is involved and stores employees’ personal documentation there, it is still the responsibility of the UoC to ensure that the conditions outlined in the indicator are met.

Evidence of Implementation

  • storage solutions for personal documents

  • policies about the retention of employee documents.

Auditors Should Confirm

  • whether or not employees store personal documents anywhere at the UoC;

  • that employees are not asked to hand over any personal documents.

Indicator 3.2.3

Requirement

The UoC shall ensure that where recruitment agencies are used, they comply with applicable legal requirements and are licenced or certified by the relevant authority, where such licensing or certification exist.

How Do I Interpret This Requirement?

  • The UoC is responsible for initial screening of recruitment agencies, including:

    • checking that they comply with relevant regulations, which includes:

      • national labour laws

      • employment rights

      • applicable laws in the country of operation, for example, some countries have specific regulations for recruitment and employment agencies

    • verifying their licence or certificate to operate, where these systems exist:

      • in some countries and sectors, licensing rules apply. For example, in the UK, an agency supplying labour in agriculture, horticulture, shellfish gathering or food processing and packaging may need to be licensed by the Gangmasters & Labour Abuse Authority (GLAA)

    • checking that they comply with the indicators directly addressing recruitment agencies in the ASC Farm Standard:

      • indicator 3.2.4: employees’ original identity documents are not retained

      • indicator 3.2.5: employees are allowed to terminate their employment

      • indicator 3.2.6: employees do not have any part of their salary, property or benefits unlawfully withheld

      • indicator 3.2.7: employees are not charged any fees associated with recruitment

      • indicator 3.2.8: prison labour is not used

      • indicator 3.4.1: no discrimination in recruitment

      • indicator 3.4.3: not testing for pregnancy or virginity

      • indicator 3.4.4: medical tests are only conducted during recruitment if required for the function of the job or by national law;

      • verifying their compliance with any contractual agreements in place between the UoC and the recruitment agency.

  • The UoC is also responsible for continued monitoring of recruitment agencies, including annually reviewing their:

    • licence to operate

    • compliance with applicable regulations

    • compliance with the relevant ASC Farm Standard indicators

    • compliance with any contractual agreements in place.

    • The UoC can outsource this screening and monitoring to subcontracted professionals, such as acknowledged NGO licensing programmes.

    • When recruitment agencies are used for hiring migrant employees, a Memorandum of Understanding (MoU) and terms and conditions can be agreed between the UoC and recruitment agency detailing the conditions under which foreign migrant employees will be hired.

Evidence of Implementation

  • records of screening of recruitment agencies, both upon engagement of the agency and also on an ongoing basis

  • copies of valid, up-to-date licences of recruitment agencies

  • contracts with recruitment agencies

  • employee contracts for those who have been recruited by recruitment agencies.

Auditors Should Confirm

  • whether or not recruitment agencies have been used by the UoC;

  • that a recruitment agency screening process is in place;

  • terms and conditions of employment for those who have been recruited through recruitment agencies;

  • if any foreign migrant employees have been recruited through agencies;

  • if terms and conditions and an MoU are in place for the recruitment of migrant employees;

  • employees’ perceptions of the recruitment process;

  • that recruitment agencies used have not been associated with any bad practices by local labour unions or other organisations.