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Species

Indicator 3.3.1

Requirement

The UoC shall not engage in child labour. Child labour is work that: – is mentally, physically, socially or morally dangerous and harmful to children; or – interferes with their schooling.

How Do I Interpret This Requirement?

  • ‘No engagement’ means that child labour does not occur:

    • within the UoC’s production sites and facilities

    • as a result of actions taken by recruitment agencies for the UoC

    • within the UoC’s supply chain.

    • A child is anyone under the age of 18.

  • Child labour is any unacceptable form of work carried out by children and is prohibited by ASC, including the following:

    • all children under the age of 13 taking part in any economic activity;

      • all children aged 13 and 14 years old engaged in more than light work as stipulated by national, regional and/or local regulations;

      • all children under the age of 18 involved in work that is mentally, physically, socially or morally dangerous and harmful to children or interferes with their schooling.

  • Table 2 below shows the ages of children and the type of work that they are permitted to engage in:

Table 2. Ages of children and type of work permitted:

Allowed type of work Hazardous work Non-hazardous work Light work

Adult Employee Allowed Allowed Allowed

aged 18 or older

Young Employee Not allowed Allowed Allowed

between 15 — 17 years old (and older than the age of mandatory schooling)

Child engaged in light work Not allowedNot allowedAllowed**

**between 13 and 14 years old (and anyone younger than the age of mandatory schooling)

Child Not allowedNot allowedNot allowed**

**under 13 years old

  • ILO notes: ‘Not all work done by children should be classified as child labour that is to be targeted for elimination. The participation of children or adolescents above the minimum age for admission to employment in work that does not affect their health and personal development or interfere with their schooling, is generally regarded as being something positive. This includes activities such as assisting in a family business or earning pocket money outside school hours and during school holidays. These kinds of activities contribute to children’s development and to the welfare of their families; they provide them with skills and experience, and help to prepare them to be productive members of society during their adult life.’

  • If children are assisting at the UoC as part of it being a family business, this would be covered by the scope of this Criterion.

Evidence of Implementation

  • age verification records

  • employee contracts

  • job descriptions of all employees.

Auditors Should Confirm

  • presence of general risk factors for child labour in a country;

  • NGOs’ or other local organisations’ knowledge of any reports of child labour in the sector in this region;

  • human resources personnel’s awareness of any issues in the workplace;

  • worker or union representatives’ awareness of any issues in the workplace;

  • whether or not any children are present at the UoC;

  • that employees and managers have an understanding of what is hazardous work and what is light work;

  • confirm life or work histories of employees, when a suspicion exists that the age of an employee does not match the records.

Useful Resources

Indicator 3.2.15

Requirement

The UoC shall not require employees to purchase from employer-operated stores or services as a condition of employment. Where alternative stores or services are not available due to the remote location, the UoC shall ensure that goods and services are sold at fair and reasonable prices. **

How Do I Interpret This Requirement?

  • The words ’employer-operated’ here includes the UoC itself and any services that they may contract to operate a store or service.

  • Requiring employees to purchase goods or services from employer-operated stores or services is a form of economic coercion and can limit their economic freedom and choices.

  • Prices of goods and services should be based on an understanding of reasonable pricing of the same goods and services in the local market. Employers can also make this transparent by providing a cost breakdown of these goods and services.

Evidence of Implementation

  • employee contracts

  • payslips and pay records

  • any cost breakdown of goods and services in the local market.

Auditors Should Confirm

  • if there are employer-operated stores and services on site;

  • the prices of goods at these facilities;

  • if any deductions are made from wages for goods purchased on site;

  • employees’ perception of their ability to choose where to purchase goods or services.

Indicator 3.2.14

Requirement

The UoC shall not require family members of owners or employees to work. Where family members have the opportunity to work, the UoC shall ensure they are separately and voluntarily contracted. **

How Do I Interpret This Requirement?

  • If family members wish to be employed, the UoC respects their right to make independent employment decisions by contracting them separately.

  • This indicator can be met by:

    • implementing independent recruitment processes for family members, similar to how one would hire any other employee

    • avoiding any forms of coercion or pressure to compel family members to work for the farm.

Evidence of Implementation

  • employee contracts.

Auditors Should Confirm

  • whether family members live on site, which can increase the likelihood that they may work at the UoC;

  • everyone working at the UoC has an employment contract.

Indicator 3.2.13

Requirement

The UoC shall not require employees to reside in employee accommodation as a condition of employment for easily accessible sites. **

How Do I Interpret This Requirement?

  • The UoC may provide housing for employees that meets the terms of Criterion 3.11: Employee Accommodation.

  • When the UoC provides housing, whether it owns, leases or contracts the accommodation from a service provider, the UoC communicates to employees that living in this housing is optional for them.

  • The freedom for employees to choose where they live respects employees’ dignity and autonomy and prevents coercion and potentially trapping them in exploitative conditions.

Evidence of Implementation

  • employee contracts.

Auditors Should Confirm

  • whether the worksite is easily accessible via public or private transport

  • how many employees live in accommodation provided by the UoC

  • that the decision to reside in accommodation provided by the UoC is the employee’s own choice

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