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Indicator 3.4.2

Requirement

The UoC shall not engage in or tolerate any form of violence or harassment.

How Do I Interpret This Requirement?

  • ‘The term ‘violence and harassment’ in the world of work refers to a range of unacceptable behaviours and practices or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.’

  • Violence and harassment can come in many forms, including:

    • sexual

    • mental

    • verbal

    • physical.

  • Examples of harassment in the workplace can include the following:

    • spreading malicious rumours

    • unfair treatment

    • picking on or regularly undermining someone

    • denying someone training or promotion opportunities.

  • Harassment can happen in many forms:

    • in person (face to face, by phone)

    • in writing (email, letter, text)

    • online (on social media).

  • It can be:

    • undertaken by a single person or group of people

    • hidden (for example, gossiping about someone in their absence)

    • overt (for example, an unwanted nickname that undermines someone).

  • One widespread form of harassment is sexual harassment, which can also take place in the workplace and is any unwanted behaviour of a sexual nature. Examples can include:

    • anything that violates someone’s dignity

    • inappropriately and uncomfortably crowding someone else

    • telling sexually offensive jokes

    • making sexual remarks or gestures about someone’s body, clothing or appearance

    • making sexual comments or jokes about someone’s sexual orientation or gender reassignment

    • asking questions about someone’s sex life

    • displaying or sharing pornographic or sexual images, or other sexual content

    • touching someone against their will

    • sexual assault or rape.

  • Power dynamics can play a part in harassment, for example:

    • something that could be a joke between two friends outside the workplace can be a case of harassment in the workplace if there is an unequal balance of power;

    • someone in management making a flirtatious comment to a junior colleague is not appropriate, whereas the same comment between two friends might be acceptable.

    • Responsible management includes being aware of a manager’s position in relation to the people who they manage.

  • Abusive behaviour can include:

    • threatening behaviour (such as shaking fists, destroying property or throwing objects)

    • verbal or written threats (any expression of an intent to inflict harm)

    • verbal abuse (swearing, insults or condescending language)

    • physical attacks (hitting, shoving, pushing or kicking).

    • The workplace includes not just the physical place of work, but anywhere where work-related events or interactions occur.

    • Workplace violence and harassment can occur not only in the workplace but also off-site at social events related to work, business meetings away from the UoC, or outside the workplace and away from work.

  • Some steps towards the prevention of harassment and discrimination can include:

    • employees and management are trained and know and understand what harassment and discrimination are

    • the UoC clearly states its position on discrimination through an internal code of conduct, policy or in a statement

    • the UoC assesses where there is potential for discrimination. For example, the UoC acknowledges the high number of migrant employees and understands that this is potentially a group who are at risk of being discriminated against

    • the UoC develops an action plan to prevent discrimination, which includes monitoring where there is a risk of discrimination.

    • Providing good communication of what these behaviours look like and why they are not permitted creates awareness among employees in the workplace.

    • Regular dialogue with employees and with employee representatives can be an effective way of monitoring what is going on.

    • An accessible, safe and anonymous reporting system (grievance mechanism) can give employees the ability to report violence or harassment.

Evidence of Implementation

  • anti-harassment policy that includes the prohibition of abusive and exploitative behaviour

  • training records

  • disciplinary records

  • health and safety incident reports

  • grievances that have been reported.

Auditors Should Confirm

  • employees understand what they should do if any violence or harassment takes place;

  • employees are familiar with the UoC’s position on violence and harassment;

  • employees’ perceptions of how they or their colleagues are treated;

  • any instances of violence and harassment that have taken place and how they have been dealt with;

  • there are no unusually high staff turnover rates;

  • human resources personnel are aware of any issues in the workplace;

  • worker or union representatives are aware of any issues in the workplace.

Indicator 3.4.1

Requirement

The UoC shall not engage in or tolerate any form of discrimination, and shall ensure that all employees and applicants receive equal treatment and opportunities in all employment and recruitment practices.

How Do I Interpret This Requirement?

  • Discrimination is the unequal treatment of different of people, based on their personal characteristics, such as:

    • age

    • caste

    • colour

    • disabilities

    • ethnicity

    • gender

    • legal status

    • marital status

    • nationality

    • parental status

    • participation in trade unions

    • political opinion

    • pregnancy

    • race

    • religion

    • sexual orientation.

  • Discrimination:

    • is a global and pervasive problem

    • causes negative impacts on many levels

    • can lead to individuals suffering unequal treatment, stress and harm, at home, in society and in the workplace

    • can perpetuate poverty

    • can stifle development and productivity.

    • Sometimes discrimination can be obvious and clear, but at other times it can be difficult to detect and consequently, hard to address.

  • Equal opportunities means:

    • equal pay for equal work

    • equal living standard for equal work

    • equal employment possibilities for equal ability/engagement

    • equal promotion possibilities for equal ability/engagement.

  • Equal opportunities at work means that all employees in an organisation, regardless of their sex, race, language, religion, economic or family situation, and other characteristics, have the same opportunities for:

    • education

    • training

    • career development

    • chances to apply for and be selected for posts

    • chances to be promoted.

    • Table 3 below shows some examples of situations considered and not considered discrimination.

Table 3. Examples of discrimination situations:

Situations which are considered discrimination Situations which are not considered discrimination

A and B are both managers doing the same job at the farm. A is a man and B is a woman. A is paid a higher salary than B, because he is a man. A is a manager and B is a machine operator with less responsibility. A is paid a higher salary than B because the job has more responsibility.

A and B both apply for the same job. A has higher qualifications than B, but B is selected for the job because he comes from the same church as the farm manager. A and B both apply for the same job. A has higher qualifications than B, so A is selected for the job.

A and B are both technical assistants. A has been in the company for a longer period of time than B and both have equal performance, however, only B has received access to multiple training courses and been offered a promotion to technical manager, because A is a migrant worker. A and B are both technical assistants. A has been in the company for a longer period of time than B, but B has been showing a higher performance. B is promoted to technical manager.

Evidence of Implementation

  • terms of service between recruitment agencies and the UoC

  • documents from recruitment processes

  • payslips and pay records

  • employee contracts and terms and conditions

  • anti-discrimination policies

  • hiring and promotion policies

  • diversity and inclusion policies

  • training records for employees and managers related to non-discrimination

  • termination and disciplinary records.

Auditors Should Confirm

  • whether employees feel that they and their colleagues receive equal treatment, and that promotions are based on merit;

  • whether the composition of the workforce at different levels suggests there are no barriers for certain groups to be promoted.

Useful Resources

Indicator 3.3.18

Requirement

Indicator applicability: young employees aged 15 or above and above the age of completion of mandatory schooling. The UoC shall ensure that young employees do not work between 10pm and 6am.

How Do I Interpret This Requirement?

  • Working at night can be hazardous, particularly for young employees:

    • they can be tired and therefore more susceptible to accidents

    • working conditions at night are often more dangerous and not suitable for children under the age of 18.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 18 is employed at the UoC;

  • working hours and rest hours of employees under the age of 18;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.

Indicator 3.3.17

Requirement

Indicator applicability: young employees aged 15 or above and above the age of completion of mandatory schooling. The UoC shall ensure that young employees have a daily rest period of at least 12 consecutive hours within a 24-hour period.

How Do I Interpret This Requirement?

  • Excessive working hours can have a detrimental physical and mental impact on all people, but particularly on children under the age of 18 who have not yet reached adulthood.

  • Protecting children from excessive working hours is an important part of the prevention of child labour.

  • A rest period means a time when employees are not working.

  • A rest period of 12 consecutive hours in a 24-hour period means that children have a sufficient amount of time to rest and sleep in between times when they are conducting light work.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 18 is employed at the UoC;

  • working hours and rest hours of employees under the age of 18;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.

Indicator 3.3.16

Requirement

Indicator applicability: young employees aged 15 or above and above the age of completion of mandatory schooling. The UoC shall ensure that young employees have a total break time of at least 1 hour within 8 consecutive hours of work, with at least 0.5 hours break within any 4.5 consecutive hours of work.

How Do I Interpret This Requirement?

  • Excessive working hours can have a detrimental physical and mental impact on all people, but particularly on children under the age of 18 who have not yet reached adulthood.

  • Protecting children from excessive working hours is an important part of the prevention of child labour.

  • Young employees should have regular breaks.

  • A young employee should have at least 1 hour break within 8 hours of work, and at least 0.5 hours break within 4.5 hours of work.

  • Some examples that demonstrate compliance with the ASC Farm Standard:

    • A works on a Monday from 9:00 – 17:00 and has a break for lunch from 12:00 -13:00.

    • A’s example is compliant because her workday is no more than 8 hours long and within those 8 hours, she has 1 hour break.

      • B works on a Thursday afternoon from 10:00 – 14:30 and has a break from 12:00 – 12:30.

    • B’s example is compliant because he is working 4.5 hours with a 0.5-hour break in that time.

  • Some examples that demonstrate non-compliance with the ASC Farm Standard:

    • C works on a Friday from 9:00 – 18:00 and has a break for lunch from 12:00 -13:00.

    • C’s example is non-compliant because, even though she has a 1-hour break, her workday is 9 hours long.

      • Child D works on a Tuesday afternoon from 13:00 – 18:00 and then goes home.

    • Child D’s example is non-compliant because he has worked more than 4.5 hours without a break.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 18 is employed at the UoC;

  • working hours and rest hours of employees under the age of 18;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.

Indicator 3.3.15

Requirement

Indicator applicability: young employees aged 15 or above and above the age of completion of mandatory schooling. The UoC shall ensure that young employees: – do not work more than 40 hours per week; and – do not work more than 8 hours per day; and – have a combined time for school, work and transportation to and from school and work totalling less than 10 hours per day.

How Do I Interpret This Requirement?

  • Excessive working hours can have a detrimental physical and mental impact on all people, but particularly on children under the age of 18 who have not yet reached adulthood.

  • Protecting children from excessive working hours is an important part of the prevention of child labour.

  • Young employees have restrictions on the number of hours that they can work to ensure that they:

    • are not working an excessive number of hours

    • have adequate time for education, rest and play.

    • Requiring that a young employee spends no more than 10 hours per day at school, work and on transportation is important for allowing them to have adequate rest and leisure time.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 18 is employed at the UoC;

  • working hours and rest hours of employees under the age of 18;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.

Indicator 3.3.14

Requirement

Indicator applicability: children aged 13 or 14, or below the age of completion of mandatory schooling. The UoC shall ensure that children conducting light work do not work between 8pm and 6am.

How Do I Interpret This Requirement?

  • Working at night can be hazardous, particularly for children:

    • they can be tired and therefore more susceptible to accidents

    • working conditions at night are often more dangerous and not suitable for children.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 15 or below the age of completion of mandatory schooling is employed at the UoC;

  • working hours and rest hours of employees under the age of 15 or below the age of completion of mandatory schooling;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.

Indicator 3.3.13

Requirement

Indicator applicability: children aged 13 or 14, or below the age of completion of mandatory schooling. The UoC shall ensure that children conducting light work have a daily rest period of at least 14 consecutive hours within a 24-hour period.

How Do I Interpret This Requirement?

  • Excessive working hours can have a detrimental physical and mental impact on all people, but particularly on children under the age of 18 who have not yet reached adulthood.

  • Protecting children from excessive working hours is an important part of the prevention of child labour.

  • A rest period means a time when children are not working.

  • A rest period of 14 consecutive hours in a 24-hour period means that children have a sufficient amount of time to rest and sleep in between times when they are conducting light work.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 15 or below the age of completion of mandatory schooling is employed at the UoC;

  • working hours and rest hours of employees under the age of 15 or below the age of completion of mandatory schooling;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.

Indicator 3.3.12

Requirement

Indicator applicability: children aged 13 or 14, or below the age of completion of mandatory schooling. The UoC shall ensure that where children conduct light work for more than 2 hours on a non-school day, an additional 0.5-hour break period is included within the shift.

How Do I Interpret This Requirement?

  • Excessive working hours can have a detrimental physical and mental impact on all people, but particularly on children under the age of 18 who have not yet reached adulthood.

  • Protecting children from excessive working hours is an important part of the prevention of child labour.

  • Children engaged in light work should have regular breaks.

  • Where a child is conducting light work for a period of more than 2 hours (only applicable on a non-school day under the ASC Farm Standard), they shall be given a 0.5-hour break period.

  • Some examples that demonstrate compliance with the ASC Farm Standard:

    • Child A works on a Saturday morning from 9:00 – 11:00. She has a 30-minute break and works again from 11:30 – 12:30.

    • Child A’s example is compliant because she is working no more than 3 hours on a non-school day, and she is given a break of 0.5 hours within the work shift.

      • Child B works on a Tuesday afternoon from 15:00 – 17:00 and then goes home.

        • Child B’s example is compliant because he is working no more than 2 hours on a school day.

  • Some examples that demonstrate non-compliance with the ASC Farm Standard:

    • Child C works on a Saturday morning from 9:00 – 11:30 and then goes home.

      • Child C’s example is non-compliant because she has worked more than 2 hours without a break.

    • Child D works on a Tuesday afternoon from 15:00 – 17:30 and then goes home.

    • Child D’s example is non-compliant because he has worked more than 2 hours on a school day.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 15 or below the age of completion of mandatory schooling is employed at the UoC;

  • working hours and rest hours of employees under the age of 15 or below the age of completion of mandatory schooling;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.

Indicator 3.3.11

Requirement

Indicator applicability: children aged 13 or 14, or below the age of completion of mandatory schooling. The UoC shall ensure that children conducting light work: a) do not work more than 14 hours per week (excluding breaks); and b) do not work more than 2 hours per day on a school day (excluding breaks); and c) do not work more than 3 hours per day on a non-school day (excluding breaks); and d) have a combined time for school, work and transportation to and from school and work totalling less than 8 hours per day (excluding breaks).

How Do I Interpret This Requirement?

  • Excessive working hours can have a detrimental physical and mental impact on all people, but particularly on children under the age of 18 who have not yet reached adulthood.

  • Protecting children from excessive working hours is an important part of the prevention of child labour.

  • Children engaged in light work have restrictions on the number of hours that they can work:

    • on a school day to ensure that work does not interfere with their schooling

    • on a non-school day and across a week to ensure that they:

      • are not working an excessive number of hours

      • have adequate time for education, rest and play.

      • Requiring that a child conducting light work spends no more than 8 hours per day at school, work and on transportation is important for allowing them to have adequate rest and leisure time.

Evidence of Implementation

  • age verification records

  • working hours records

  • payslips and pay records

  • young employees’ contracts.

Auditors Should Confirm

  • whether anyone under the age of 15 or below the age of completion of mandatory schooling is employed at the UoC;

  • working hours and rest hours of employees under the age of 15 or below the age of completion of mandatory schooling;

  • that information in contracts, age verification records and payslips match;

  • young employees’ description of their working hours.