Filter content

by selecting applicable filters below

System

Water Type

Feed Dependent

Species

Indicator 3.9.11

Requirement

The UoC shall ensure that all employees are granted paid leave as defined by applicable legal requirements or any collective bargaining agreements in place.

How Do I Interpret This Requirement?

  • Paid leave can include:

    • public holidays

    • annual leave

    • maternity/paternity leave

    • sick leave.

    • Types of leave can be defined by national law and collective bargaining agreements.

  • 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, and

    • 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

  • contracts

  • collective bargaining agreements

  • working hours records.

Auditors Should Confirm

  • employees understand their entitlement to paid leave;

  • employees do not feel discriminated against when they take annual leave.

Indicator 3.9.10

Requirement

The UoC shall ensure that additional breaks are granted for pregnant women and breastfeeding women. These breaks shall be counted as working time and appropriate facilities shall be provided.

How Do I Interpret This Requirement?

  • According to ILO, the lack of support at the workplace is one of the main reasons that women stop breastfeeding before the recommended time.

  • Employers can support breastfeeding women by providing:

    • ample time away from work activities

    • a comfortable, private location to express breast milk

    • access to a fridge to store it

    • a clean and safe environment (other than a bathroom).

Evidence of Implementation

  • policy, for example addressing new and expectant mothers

  • health and safety risk assessment

  • contracts

  • working hours records.

Auditors Should Confirm

  • entitlement to paid nursing breaks in the country/region where the UoC is located;

  • confirm that a location for breastfeeding mothers is suitable;

  • confirm that the relevant employees understand these requirements.

Useful Resources

Indicator 3.9.9

Requirement

Indicator applicability: any person aged 18 and above. The UoC shall ensure that all employees are granted at least 24 consecutive hours of rest within a 7-day period, or at least 48 consecutive hours of rest within a 14-day period if allowed by applicable law.

How Do I Interpret This Requirement?

  • The ILO’s 1921 Weekly Rest Convention (No. 14) mandates a 24-hour weekly rest period (within a 7-day period).

  • Where the UoC may be located more remotely or where shift patterns may require a longer number of consecutive days of work, 48-hours rest can be taken within a 14-day period, if allowed by applicable law and collective bargaining agreements.

  • Where there is a longer number of consecutive days working, the UoC should ensure that there are adequate safeguards for employees’ health and safety, as per Indicator 3.9.3.

Evidence of Implementation

  • contracts

  • any collective bargaining agreements that are in place

  • working hours records.

Auditors Should Confirm

  • employees understand the rest time that they are entitled to.

Indicator 3.9.8

Requirement

Indicator applicability: any person aged 18 and above. The UoC shall ensure that all employees are granted at least 11 consecutive hours of rest within a 24-hour period.

How Do I Interpret This Requirement?

  • Rest for a period of 11 consecutive hours within a 24-hour period ensures that employees have an adequate amount of time for both sleep and personal free time.

  • All employees, regardless of their shift pattern, require this rest.

Evidence of Implementation

  • contracts

  • any collective bargaining agreements that are in place

  • working hours records.

Auditors Should Confirm

  • employees understand the rest time that they are entitled to.

Indicator 3.9.7

Requirement

Indicator applicability: any person aged 18 and above. The UoC shall ensure that all employees are granted breaks during work shifts. Where this is defined by applicable legal requirements or any collective bargaining agreements in place, these shall be followed.

How Do I Interpret This Requirement?

  • The amount, length and frequency of rest breaks that employees are entitled to can be specified by:

    • collective bargaining agreements in place

    • national laws.

    • The UoC should ensure that rest breaks are clearly agreed upon and set out for employees.

  • Rest breaks:

    • provide employees with essential rest during the workday

    • help reduce fatigue, which can also reduce the risks of accidents or errors

    • may also accommodate personal needs, like restroom or prayer breaks.

    • Ensuring clean and hygienic facilities for breaks is vital in workplaces with potential hygiene risks due to factors like chemicals, noise, or pollutants, where employees cannot leave the premises during breaks.

  • Management should consider climate conditions when they plan breaks and rest times. In very hot temperatures, employees will need:

    • more frequent access to breaks,

    • breaks taken in the shade where possible

    • access to drinking water.

  • This requirement refers to rest time when an employee can be asked to work, only if:

    • they agree to work during their rest time

    • the rest time is made up at a different time.

  • There can be situations where an employee is on standby, which is when:

    • the employee is required to be on-site, even if they are not required to be working for that period of time

    • the hours that they are required to be on-site are counted as working hours

    • they must be fully compensated.

  • Examples of when employees may be on standby includes any time spent at the UoC where they could be at the direction of the company to perform a work-related task. For example:

    • an employee waiting for the arrival of a delivery of feed, which they will help to unload

    • an employee who is responsible for feeding the fish and in between feeds, they are waiting at the site for the next feeding time.

  • There can also be situations when an employee is on-call, which is when:

    • the employee is not required to be on site

    • the employee is required to be reachable and available during a defined period of time

    • this time of being available is not counted as normal working hours

      • this time should be compensated in some way.

  • Examples of when employees may be on-call can include:

    • an employee who is at home overnight, but is available to be called in case there is an emergency on the site and they are called into the site.

Evidence of Implementation

  • contracts

  • any collective bargaining agreements that are in place.

Auditors Should Confirm

  • employees understand the pattern of rest breaks that they are entitled to;

  • rest breaks are adequate for the needs of the employees in their context.

Indicator 3.9.6

Requirement

The UoC shall ensure that overtime hours are paid at a premium rate of at least 125% of the agreed wages, or as defined by applicable legal requirements or any collective bargaining agreements in place, whichever is higher. **

How Do I Interpret This Requirement?

  • For overtime hours 125% of the basic wage is paid to employees.

  • Overtime work often involves sacrifices from employees, such as time away from family and personal life, and this additional effort needs to be rewarded.

  • Where collective bargaining agreements or applicable law include a premium rate that is below 125%, the ASC minimum of 125% applies.

  • The premium rate should be:

    • documented in payslips

    • documented in the employee contract

    • clearly understood by all employees.

Evidence of Implementation

  • contracts

  • working hours records

  • payslips.

Auditors Should Confirm

  • employees understand that overtime hours are paid at a premium rate;

  • employees understand the difference between regular hours and overtime hours;

  • if the bar of ‘exceptional circumstances’ is being used to determine overtime requirements.

Indicator 3.9.5

Requirement

The UoC shall ensure that employees do not work more than 12 hours of overtime per week. **

How Do I Interpret This Requirement?

  • Overtime is any additional hours spent working beyond normal working hours

  • This requirement does not allow these overtime hours to exceed more than 12 per week.

Evidence of Implementation

  • contracts

  • working hours records.

Auditors Should Confirm

  • employees understand how much overtime they are allowed to work.

Indicator 3.9.4

Requirement

The UoC shall ensure that overtime hours are; a. are voluntary; and b. are not requested regularly; and c. have appropriate safeguards in place to protect the employee’s health and safety.

How Do I Interpret This Requirement?

  • Overtime should not occur regularly but under exceptional circumstances, for example, overtime can be requested:

    • for unexpected peak production times

    • if staff are absent and others must cover their work.

    • The UoC should plan work in such a way to minimise the risk of regularly requesting overtime.

  • If the UoC continues to need the same jobs done in overtime repeatedly, this is an indication that the UoC may need to:

    • review resources

    • plan work differently

    • hire additional employees.

  • Any overtime is voluntary, meaning it can only take place if the employee:

    • consents to work extra hours

    • is not discriminated against or penalised for refusing overtime.

  • Health and safety hazards related to excessive overtime can be avoided by implementing a clear overtime policy that:

    • limits excessive overtime

    • ensures that overtime requirements are announced in advance when possible

    • ensures that overtime is voluntary

    • rotates schedules so that overtime is not always assigned to the same employees

    • ensures that health and safety training shows how to recognise and manage signs of fatigue and stress.

    • The UoC should allow regular rest breaks during overtime shifts.

    • The UoC can maintain open and transparent communication channels with employees to encourage them to provide feedback about their work conditions and overtime hours, and use this input to adjust schedules.

  • Appropriate safeguards in place to protect employees’ health and safety can include:

    • a risk assessment looking specifically at the risk of fatigue

    • adequate or extra rest breaks and places for employees to rest during long shifts

    • enough food and drink available for employees to ensure that they are not hungry

    • avoiding employees who have worked long hours of overtime conducting hazardous work (for example, operating heavy machinery)

    • ensuring that dark areas are well lit

    • ensuring that, where possible, employees are not working alone for long hours.

Evidence of Implementation

  • health and safety risk assessment

  • contracts

  • working hours records.

Auditors Should Confirm

  • employees understand that overtime hours are voluntary;

  • management understand the risks in working long hours and are well prepared to mitigate those risks;

  • regular activities are carried out in regular working hours and that overtime is used for exceptional circumstances.

Indicator 3.9.3

Requirement

Indicator applicability: any person aged 18 and above. The UoC shall ensure that working hours do not exceed 8 hours per day and 48 hours in a week (excluding overtime). An exception applies where the operations of the UoC require a different working pattern, in which case the UoC may use averaging of working hours if permitted by applicable legal requirements, calculated over a maximum 17-week reference period. When more than 48 hours are worked in a week as a result of averaging, the UoC shall ensure that the following conditions are met: a. it is in line with applicable legal requirements; and b. it is in line with collective bargaining agreements; and c. terms are clearly set out and agreed to by employees in their contracts; and d. appropriate safeguards are put in place to protect the employee’s health and safety. **

How Do I Interpret This Requirement?

  •  The normal workday is a maximum of 8 hours, excluding breaks, and the normal work week is a maximum of 48 hours.

  • Where collective bargaining agreements, industry standards or national law require a shorter day or week, this applies.

  • The ILO defines shift work as: ‘a method of organisation of working time in which workers succeed one another at the workplace so that the establishment can operate longer than the hours of work of individual workers at different daily and night hours’.

  • Where collective bargaining and national law allows, the UoC can employ people to work in shifts:

    • They may choose to work more than eight hours per day and more than 48 hours in one week, if the number of hours averaged over a period of 17 weeks does not exceed a normal workday and normal work week.

    • Long working hours can mean that employees can get fatigued, which can result in accidents or mistakes.

    • The UoC should recognise that employees could be working two jobs which, whilst outside the scope of the ASC Farm Standard, is still a risk to their health and safety, and consideration should be given to fatigue caused by excessive working hours.

  • Appropriate safeguards in place to protect employees’ health and safety can include:

    • a risk assessment looking specifically at the risk of fatigue

    • adequate or extra rest breaks and places for employees to rest during long shifts

    • enough food and drink available for employees to ensure that they are not hungry

    • avoiding employees who have worked long hours of overtime conducting hazardous work (for example, operating heavy machinery)

    • ensuring that dark areas are well lit

    • ensuring that, where possible, employees are not working alone for long hours.

Evidence of Implementation

  • employee contracts

  • payslips

  • working hours records

  • health and safety risk assessment.

Auditors Should Confirm

  • any different shift patterns have been entered into voluntarily by employees;

  • the UoC understands the risk inherent in long working hours and fatigue and appropriate mitigations are being implemented.

Indicator 3.9.2

Requirement

The UoC shall maintain records of the hours worked by every employee. **

How Do I Interpret This Requirement?

  • The UoC’s working hours recording system:

    • can help the UoC to protect employees against excessive working hours

      • is accessible to employees to verify the record of their hours

      • may include the use of:

        • time clocks with punch cards

        • digital recording systems

        • recording hours manually

        • or other systems.

    • The records should indicate

      • the start and finish time each day of the week

      • cumulatively add up to the total hours of regular work for the week

      • any overtime hours worked.  

Evidence of Implementation

  • working hours records, which include:

    • start and finish time

    • cumulative working hours

    • any overtime hours worked.

    • payslips

    • employee contracts.

Auditors Should Confirm

  • employees are aware that their working hours are being recorded;

  • employees are able to access their working hours records;

  • employees are able to confirm the accuracy of the working hours records;

  • pay slips, employee contracts and working hours records are all aligned.