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Species

Indicator 3.12.5

Requirement

The UoC shall ensure the grievance mechanisms in Indicators 3.12.2 and 3.12.4 include provisions for non-retaliation.

How Do I Interpret This Requirement?

  • Non-retaliation means that no action can be taken by the UoC against a person or an entity bringing a grievance that has been raise in good faith.

  • If retaliation occurs, this means that the grievance mechanism is inadequate.

  • This protection against retaliation applies to those bringing grievances and to whistleblowers.

  • ILO defines whistleblowing as: ‘the reporting by employees or former employees of illegal, irregular, dangerous or unethical practices by employers’.

  • Examples of retaliation in the workplace can include:

    • direct consequences, such as:

      • firing

      • demotion

      • salary reduction

      • reduced hours

    • more subtle consequences, such as:

      • reassignment to work that causes personal hardship

      • exclusion from key meetings and group events

      • threats

      • harassment

      • bullying

    • indirect consequences, such as:

      • encouraging shunning, harassment or bullying by other staff members.

  • Examples of retaliation for a community member or Indigenous or tribal person can include:

    • direct actions

    • indirect actions through others

    • threats

    • harassment

    • damage to a person or property.

  • Ways to protect employees and communities from retaliation can include:

    • having clear grievance processes and policies that include accountability (see 3.12.2)

    • raising a confidential grievance (see also 3.12.9)

    • raising an anonymous grievance through a hotline or similar, where the identity of the person bringing the grievance is never known:

      • in this case, remediation is likely to affect a wider population and is not tied to a specific individual

Evidence of Implementation

  • grievance policy or procedure, including provision for confidentiality

  • records of grievance processes.

Auditors Should Confirm

  • policies and provisions for non-retaliation with employee and community representatives.

Indicator 3.12.4

Requirement

The UoC shall ensure that all employees are trained on the employee grievance mechanism.

How Do I Interpret This Requirement?

  • For the grievance mechanism for communities, the guidance under Indicator 3.12.2 for employees also applies.

  • Mechanisms for submitting grievances are best determined together with community representatives. Examples of channels for submitting grievances include:

    • in-person meetings

    • dedicated telephone numbers

    • email addresses

    • instant messaging or other online submission mechanisms

    • letters or written notes

    • via community leaders and representatives, or community organisations.

    • Different communities may prefer different channels for submitting grievances.

  • Vulnerable populations may need special consideration in terms of how the grievance is submitted to enable their participation. For example:

    • when persons of the same gender, or ethnic group are available to receive a complaint, that may increase the likelihood of participation.

  • The following steps can be taken to inform potential users about the grievance mechanism:

    • conduct a stakeholder mapping and engagement process to identify communities and Indigenous and tribal peoples who may use the grievance mechanism.

    • make them aware of their rights under the law and under the ASC Farm Standard, including the grievance mechanism.

    • share information about the grievance mechanism, for example through:

      • local community representatives, community leaders and relevant community organisations

      • local publications

      • printed materials such as company newsletters, flyers, posters

      • digital means such as company website, online newsletter or social media.

    • give special consideration to reaching vulnerable groups within the population, as they are:

      • most likely to be impacted

      • unlikely to be comfortable with raising issues to the company.

Evidence of Implementation

  • materials used to inform communities of the grievance mechanisms

  • minutes of meetings where grievance mechanisms are discussed.

Auditors Should Confirm

  • community representatives (including Indigenous people’s representatives where applicable) understand:

    • how they can raise concerns and grievances with the UoC;

    • who their point of contact at the UoC is;

      • how the grievance mechanism was communicated to communities;

      • when discussions were had between UoC management and communities;

      • when grievances were raised in the past and how they were resolved.

Indicator 3.12.3

Requirement

The UoC shall ensure that all employees are trained on the employee grievance mechanism.

How Do I Interpret This Requirement?

  • Training on the grievance mechanism is provided to all employees. This can take place:

    • as part of the induction process

    • at the start of each production cycle.

  • Awareness of this mechanism is:

    • essential for all employees

    • important for a positive environment in the workplace.

  • The UoC can communicate the grievance mechanism to employees through a variety of ways, including:

    • induction training and other ongoing training

    • information posted in public areas of the UoC

    • distributing it to employees in flyers, via text messages, instant messaging, emails or other private forms of communication

    • discussing it in employee meetings and assemblies

    • including it in employment contracts or the employee handbook.

Evidence of Implementation

  • grievance policy or procedure

  • employee handbook

  • training materials or distributed materials

  • meeting minutes.

Auditors Should Confirm

  • employees’ understanding of how to raise issues and how they were made aware of the grievance mechanisms.

Indicator 3.12.2

Requirement

The UoC shall have an employee grievance mechanism which is accessible, fair and applicable to all employees.

How Do I Interpret This Requirement?

  • A grievance mechanism is a formal complaint process that can be used by employees to resolve a grievance.

  • Based on UN Guiding Principle No. 31, and effective a grievance mechanism must:

    • engender trust among participants

    • be transparent: ensure that users are given clear information about what is happening

    • be fair: ensure that users have access to sources of information and expertise necessary to engage in a grievance process

    • be predictable: ensure that users understand the process, how long it takes and what the outcomes can be

    • be accessible: ensure that users have been informed about it and can use it

    • be rights-based: ensure that outcomes and remedies are compatible with international human rights

    • be based on dialogue and engagement, ensuring that stakeholders are consulted and included in the process

    • be a source for continuous learning, analysing individual complaints to help prevent other grievances.

  • Mechanisms for submitting grievances are best determined together with employee representatives and can include:

    • in-person meetings

    • dedicated telephone numbers

    • email addresses

    • instant messaging or other online submission mechanisms

    • letters or written notes

    • a suggestion box

    • via employee representatives, trade unions, and worker associations

    • worker voice tools to conduct anonymous worker surveys.

  • For a grievance mechanism to be accessible for employees they must understand:

    • their labour rights (Criterion 3.1)

    • rights related to other workplace issues, such as health and safety regulations (Criterion 3.5)

    • how the grievance mechanism functions and what kinds of issues may be brought to the grievance mechanism (see also 3.12.3).

  • Foreign migrant workers may be given the option to raise issues:

    • internally with the UoC using the same channels open to other employees

    • with the local Consular Office of the Labour Attaché for their country in the country where the UoC is located

    • websites or Facebook pages of the Consulate or Embassy where migrant workers can raise grievances.

  • An effective grievance process will incorporate elements of the following steps at a minimum (adapted from Rainforest Alliance’s Grievance Guidance):

    • Step 1: Receive and acknowledge grievance complaint

    • Step 2: Take immediate action on human rights or hazardous issues (see Appendix 10 for the Remediation Procedure)

    • Step 3: Review the grievance complaint to check if it is admissible.

      • if it is inadmissible, this is communicated along with the reason, to the person who brought the grievance.

    • an inadmissible complaint is one that is unrelated to the activities or location of the UoC.

    • Step 4: Investigate the grievance complaint to establish what happened, maintaining confidentiality.

    • for complex issues or where there are conflicts of interest, external experts may be brought in to support.

      • Step 5: Communicate findings to the person who brought the grievance.

      • Step 6: Agree on a remediation plan with the person who brought the grievance.

        • for complex issues, external arbitration and external remediation support including NGOs or rights experts may be brought in.

    • Step 7: Provide an opportunity for an appeals process, if agreement cannot be reached.

    • Step 8: Implement and monitor the remediation plan.

      • Step 9: Communicate the progress of the remediation to the person who brought the grievance and to any relevant stakeholders when confidentiality is not a concern.

      • Step 10: Engage in continuous improvement.

| > Example grievance  | Example resolution |

| > My wages are always paid 4 or 5 days late, sometimes even more than a week late. This makes it difficult to plan when to pay my bills and how to manage my finances. | 1. Member of staff hearing the grievance ensures that the employee understands that their complaint is confidential.  |

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| | 2. Ensure that the employee has received their latest wages.  |

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| | 3. Interview other employees to understand if anyone else is experiencing the same issue.  |

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| | 4. Examination of the wage payment system to understand why there are delays.  |

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| | 5. Any changes necessary are implemented.  |

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| | 6. Next month, the member of staff who is working on the grievance checks with the employee about the date they received their wages.  |

| > I keep being asked to go out onto the feed barge without being provided with a lifejacket. | 1. Member of staff hearing the grievance ensures that the employee understands that their complaint is confidential.  |

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| | 2. Interview other employees to understand if anyone else is experiencing the same issue.  |

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| | 3. Check the availability of life jackets and ensure that there is a sufficient number available, that they are in good working condition and that they are kept in an accessible location.  |

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| | 4. Add some signs to remind workers and management that life jackets are essential for going onto the feed barge.  |

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| | 5. Follow up with the employee after a few weeks to find out if the situation has improved.  |

Evidence of Implementation

  • grievance policy or procedure

  • employee survey results

  • employee notices and notice boards

  • employee handbook

  • records from grievance procedures and their outcomes

  • meeting minutes.

Auditors Should Confirm

  • if the grievance procedure provides employees with clearly written and understandable instructions on how to report grievances using different methods that involve formal, informal and anonymous reporting;

  • if the grievance procedure applies to and is accessible to all employees, including full-time, permanent, contract, seasonal, migrant (domestic and foreign) and temporary employees.

Useful Resources

Indicator 3.12.1

Requirement

The UoC shall, when concerns arise, engage in dialogue with employees or their representatives, with the intent of avoiding an escalation to a grievance. The UoC shall ensure that employees understand how to engage in this dialogue.

How Do I Interpret This Requirement?

  • The UoC proactively implements a dialogue system that:

    • allows for open participation of all employees

    • is easily accessible to employees on a regular basis

    • provides options for anonymous feedback.

  • Mechanisms for employees to provide feedback and engagement with management could include:

    • dialogue between management and employees

    • engagement with elected employee or union representatives

    • employee meetings or assemblies to solicit feedback

    • employee committees

    • suggestion box that is safely accessible for employees

    • access to an online feedback form or dedicated email address or phone number

    • employee surveys.

  • Issues raised during this process may include suggestions for improvement or highlight negative impacts on employees from the UoC’s activities. Examples can include:

    • operational inefficiencies such as inadequately maintained machinery that may impact efficiency and could cause health risks

    • employee rights such as female employees are paid less than male employees with similar jobs

    • harassment, such as an employee is pressured to begin a romantic or sexual relationship with a supervisor (whether this occurs during or outside work hours and work location)

    • working conditions, such as:

      • employees are frequently asked to work excessive overtime hours

      • employees are not properly compensated for their work.

Evidence of Implementation

  • documentation on the mechanisms available

  • meeting minutes

  • records of actions taken to address issues.

Auditors Should Confirm

  • how the mechanisms for reporting any issues are communicated to the employees;

  • what the procedures are to facilitate dialogue;

  • employees’ awareness of any processes to raise or discuss concerns with managers;

  • how and how often issues can be communicated to the management;

  • the system for reviewing and addressing any issues.

Indicator 3.11.5

Requirement

The UoC shall ensure that all employees working in remote locations have access to a free, private, real-time communication link to communicate externally.

How Do I Interpret This Requirement?

  • Having access to outside communication is important for employees to:

    • protect their mental wellbeing

    • have an opportunity to raise any issues that occur on site.

  • Employees can use this communication link to communicate with:

    • family and friends

    • any independent organisation that they may be aware of (either through information from the UoC or other sources) who can support them.

  • This communication can happen through:

    • an employee’s own mobile phone

    • a telephone provided by the UoC

    • WiFi provided by the UoC for employees.

    • This line of communication is available 24 hours a day.

    • Outside an employee’s working hours there are no restrictions on when employees are able to connect with people outside the UoC.

Evidence of Implementation

  • information about the availability of an outside communication link

  • evidence that the communication link is working.

Auditors Should Confirm

  • that lines of communication are actually working;

  • the availability of these lines of communication for employees.

Indicator 3.11.4

Requirement

The UoC shall arrange for an annual meeting with employees or their representatives to discuss any reasonable improvements required to accommodation. The UoC shall maintain records of these meetings and shall take actions where necessary.

How Do I Interpret This Requirement?

  • Employees can use this meeting to:

    • make suggestions on improvements to ensure accommodation meets requirements related to:

      • safety

      • hygiene

      • privacy

      • sanitary facilities

      • rates

      • highlight any maintenance issues that need to be addressed.

      • Any agreed improvements are acted upon by the UoC.

Evidence of Implementation

  • records of meetings held between the UoC management employee representatives.

Auditors Should Confirm

  • if any issues have been brought to the notice of management and how they have been resolved;

  • the process of raising grievances about living conditions.

Indicator 3.11.3

Requirement

The UoC shall provide access to appropriate sanitary facilities that: a) are clean and hygienic; and b) include adequate privacy measures; and c) include separation by gender if required; and d) are sufficient for the number of people using them.

How Do I Interpret This Requirement?

  • Appropriate sanitary facilities:

    • are located within or in close proximity (i.e. less than 60 metres) to the dormitory or housing facilities

    • are dry and warm

    • have a source of ventilation (e.g. window or fan)

    • have adequate lighting

    • have doors that close and lock for privacy

    • are separated for men and women except in family accommodation

    • are constructed of hard materials that are easy to clean

    • include at least one of the following:

      • pit latrines

      • flush toilets

      • urinals

      • have taps and running water

      • have facilities for the safe disposal of sanitary products.

      • Waste and wastewater are disposed of in accordance with Criterion 2.12.

Evidence of Implementation

  • records of scheduled housekeeping such as cleaning of common areas like toilets, shower stalls, corridors and garbage disposal.

Auditors Should Confirm

  • through a walkthrough of the sanitary facilities that all provisions of this Indicator are met;

  • what employees report on the quality of drinking water, maintenance of sanitary equipment like taps and toilet flushing systems.

Indicator 3.11.1

Requirement

The UoC shall ensure that any accommodation provided for employees or their family: a) is according to applicable legal requirements; and b) has adequate safety provisions; and c) is regularly maintained and kept in good working order; and d) is clean and hygienic; and e) allows for adequate privacy, including separation by gender if required; and f) meets the basic needs of the employees and their families; and g) is sufficient for the number of people using them.

How Do I Interpret This Requirement?

  • Rates are ‘reasonable’ when:

    • below or comparable to similar accommodation available on the market

    • not more than a reasonable proportion of the employee’s income.

  • Where an employee or employee and their family plans to live in employer-provided accommodation:

    • the level of rent is a part of the contracting agreement

    • the site is able to provide a calculation and rationale for the level of rent.

    • If an employee lives in employer-provided accommodation and has an early termination of their contract (for example, due to gross misconduct), they should be entitled to a reasonable period of time to vacate the premises.

Evidence of Implementation

  • records of rental agreements and payments

  • employee contracts

  • payslips.

Auditors Should Confirm

  • the costs of any accommodation;

  • average local rental rates;

  • any additional charges for the provision of water and electricity, which should not be more than what employees would have to pay if they stayed outside the employer-provided accommodation.

Indicator 3.10.4

Requirement

The UoC shall not deduct from wages or benefits as part of any response to breaches of company rules.

How Do I Interpret This Requirement?

  • A person’s livelihood and ability to feed and provide for themselves and their families should not be impacted by a disciplinary action at work.

  • Wages cannot be withheld for disciplinary action from any:

    • regular wages

    • payments for overtime

    • other benefits such as fixed year-end bonuses.

    • Non-fixed bonuses that are determined based on performance are not considered a benefit.

    • This indicator applies even if local laws or regulations allow monetary fines to be imposed as part of disciplinary procedures.

  • Suspension can sometimes be used as a disciplinary action. This period of suspension should always be paid unless:

    • suspension for a time is offered to the employee as an alternative to dismissal, this period could be unpaid as long as:

      • the employee has agreed to accept this

      • it is not enacted after the event as deduction from wages.

Evidence of Implementation

  • written workplace conduct response policy

  • payroll documentation to verify if they are deductions other than legally mandated deductions (for example, taxes and employees’ contributions towards social security or health insurance).

Auditors Should Confirm

  • if there have been any fines, as they are not always reflected on pay records;

  • if there are any specific methods of discipline for production targets not being met or for quality issues;

  • any fines that employees have had to pay (for example, for coming late to work, excessive use of toilets, being absent or sick etc.).