Smeta 2

SMETA is the international standard for ethical business practice & social responsibility – Sedex member

What is the SMETA Standard?

SMETA stands for Sedex Members Ethical Trade Audit – is a widely recognized and used method of assessing & reporting on ethical and socially responsible practices. SMETA consists of 3 elements:

– A general guideline for conducting an ethical business practice assessment.

– Agree to use the same format of Assessment Report.

– Agree to use the same Corrective Action Plan format.

SMETA is designed to meet a wide range of customer requirements and reduce overlap in the assessment of ethical and socially responsible business practices.

SMETA CODE OF CONDUCT

1.  Obey the law.

Comply with all applicable laws and regulations, industry minimum standards, Conventions of ILO (International Labor Organization) and United Nations, and other relevant similar requirements, more stringent regulatory standards must be applied. In the industry, it is necessary to respect and comply with ILO Convention 110

–  Comply with Vietnamese labor law and other relevant legal requirements.

2.  Freedom of Association and the Right to Collective Bargaining.

Every individual has the right to freely choose to establish, join a trade union and represent him or her for collective bargaining with enterprises. Businesses must respect their right to this, and must effectively communicate to individuals that they are free to join the organization of their choice and that their participation will be without adverse consequences, the company will not retaliate. Enterprises must not interfere with the establishment, operation, or management of such workers’ organizations or collective bargaining – in any way. In cases where the right to freedom of association and collective bargaining is restricted (or prohibited) by law, the enterprise must allow employees to freely elect their representatives. The enterprises must ensure that workers’ representatives and any individual participating in this workers’ organization will not be subjected to discrimination, harassment, intimidation, or retaliation because they are members of a trade union or participate in union activities, and must allow these representatives access to their union members in the work environment.

–  Comply with Vietnamese labor law and other relevant legal requirements.

– Comply with ILO Conventions 11, 87, 98, 135 and 154.

3. Prohibition of Discrimination.

No discrimination in the areas of recruitment, salary, training – coaching, promotion, termination of employment or retirement based on gender, age, religion, race, social status, origin (lineage), social background, disability, ethnic and national origin, nationality, membership in workers’ organizations (Trade Unions), including unions association, political affiliation, political prejudice, sexual orientation, family responsibilities, marital status, or any other condition that may rise to discrimination.

–  Comply with Vietnamese labor law and other relevant legal requirements.

– Complies with ILO Conventions 100, 111, 143, 158, 159, 169 and 183.

4.  Wage.

Wages paid for regular hours, overtime and overtime differences must be equal to or higher than the regional minimum wage and/or industry standards. Not allowed to deduct the wages illegally, not in accordance with the regulations or discipline by deduction of wages. In the event that the salary required by law and/or industry standards is not sufficient to cover living expenses and there is no residual income after taxes or other expenses, we encourage companies to The supplier should pay a reasonable salary to employees to meet the basic needs in life. Withholding wages as a form or disciplinary measure against employees is prohibited, unless permitted by local law and a valid collective bargaining agreement. The supplier must ensure that the structure of salaries, allowances and benefits is listed in detail, clearly and regularly for employees; at the same time, the suppliers must ensure that these salaries, allowances and benefits are made in full compliance with all applicable laws and regulations and that the wages are paid in a manner convenient manner to the employees.

Overtime wages must be paid at a higher rate and are subject to national legislation. In countries where overtime pay is not specified in national legislation and in collective bargaining agreements, workers must be paid for overtime at a rate that is higher than normal or equal to current industry standards, whichever is more favorable to workers.

–  Comply with Vietnamese labor law and other relevant legal requirements.

– Complies with ILO Conventions 12, 26, 101, 102 and 131.

5. Working Hours.

The suppliers must comply with applicable national laws and industry standards regarding working hours and holidays. The maximum allowable working hours per week in accordance with national legislation, however, the normal working hours must not exceed 48 hours per week and the maximum allowable overtime hours in a week must not exceed exceed 12 hours per week. Overtime is on a voluntary basis and overtime must be paid at a higher rate than usual.

In case, the enterprise needs to work overtime to meet production demand in the short term and the enterprise has entered into a collective labor agreement with the workers’ organization (as mentioned above) representing for the majority of employees, the enterprise is required to abide by the overtime agreement set forth in that agreement. Any agreement is subject to the above requirements.

Every worker is entitled to at least one day off after six consecutive working days. Exceptions only apply when both of the following conditions are met:

a)  National legislation allows overtime work beyond this limit.

b)  A valid collective bargaining agreement allows the average working time, including rest time, to be calculated.

–  Comply with Vietnamese labor law and other relevant legal requirements.

– Comply with ILO Conventions 1 and 14 and ILO Recommendation 116.

6. Safety & Health at Work Place.

Enterprises must provide a safe and healthy working environment, must take effective measures to prevent occupational accidents and injuries affecting the health of workers, related to or have may occur in the working process, by minimizing the causes of risks and hazards inherent in the working environment and requiring common knowledge about the industry and specific hazards. It is necessary to establish and follow clear regulations and procedures on occupational health and safety, especially regulations on the use of personal protective equipment, must have sanitary toilets and other facilities, portable drinking water if appropriate, safe sanitary facilities for food storage

Enterprises must ensure that dormitory’s equipments provided to individuals is clean, safe, and meet the individual’s basic needs. Everyone has the right to leave immediately an area of ​​serious danger without the permission from the company.

It is forbidden to have practices and conditions in the working environment and conditions in the dormitory that violate basic human rights. Especially for young workers, they must not be allowed to work in a risk , dangerous, unsafe, or unhealthy environment that is not good for their health.

–  Comply with Vietnamese labor law and other relevant legal requirements.

– Comply with ILO Convention 155, 184 and ILO Recommendations 164 and 190.

In particular, it is necessary to appoint a management representative who is responsible for the safety and health of all personnel and responsible for implementing the BSCI Health and Safety regulations. All individuals should receive regular and documented health and safety training, in addition, repeated training is required for new hires and when is assigned to another job or another task.

Systems should be established to detect, prevent or respond to potential hazards affecting the health and safety of all personnel.

7.  Prohibition of Child Labor.

Child labor is prohibited as provided for in ILO and United Nations Conventions and/or national legislation. Of these standards, enterprises must comply with the most stringent standards. All forms of child exploitation are prohibited. Working conditions such as slavery or harmful to children’s health are prohibited. The interests of young workers must be protected. In the event that child labor is found to be working under the above conditions regarding child labor, the supplier must establish and maintain policies and procedures for remedial work by written. In addition, the supplier must provide adequate financial and other support to enable these children to attend school until the age of majority.

–  Comply with Vietnamese labor law and other relevant legal requirements.

– Conformity with ILO Conventions 10, 79, 138, 142 and 182 and ILO Recommendation 146.

8. Prohibition of Forced Labor and Disciplinary Measures.

Any form of forced labor such as paying a deposit or withholding personal identification documents when recruiting workers is prohibited, and prison labor is prohibited because it violates the basic rights of workers.

Prohibit the company or the labor supplier for the enterprise from withholding any amount of the salary, wages, benefits, property, or  any individual documents in order to force them to continue working for the company.

An employee has the right to leave the workplace or factory at the end of the standard working day, and to freely terminate an employment contract with reasonable advanced notice to the employer.

Prohibits the companies or the labor suppliers from engaging in or supporting human trafficking.

Enterprises must treat all individuals with respect and dignity. Enterprises must not engage in or actions of corporal punishment, mental or oppressive, violent, and offensive statements against individuals.

– Comply with Vietnamese labor law and other relevant legal requirements.

– Conforms to ILO Conventions 29 and 105.

9.  Safety and environmental issues.

Procedures and standards for the management, treatment and disposal of chemical and other hazardous wastes and emission and wastewater treatment shall match or better the minimum requirements. –  In accordance with Vietnam’s environmental protection law and other relevant legal requirements