Social Compliance

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Introduction to compliance

• Social Accountability:
• In todays fast changing global market, it is not only the quality of garments which valued the
retailers and manufacturers but also the working environments of the organization wherein the
products were produced.
• Those are equally important to gain and strengthen consumer confidence and to build-up more
reliable relationships with vendors.
• In other words, specific code of conduct that protects the basic human rights of the workforce
engaged in the trade is to be respected to satisfy consumers and to add social value to the
product.
• Basic awareness of the social accountability helps to understand and monitor the compliance part
of it in protecting the image of a particular brand of product.

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 Social Compliance

• Result of conformance to the rules of social accountability by the extended organization including
not only the organization's own policies and practices but also those of its supply and distribution
chains.
It is a continuing process in which the involved parties keep on looking for better ways to protect the

• health, safety, and fundamental rights of their employees,

• and to protect and enhance the community and environment in which they operate

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Social compliance or Social Accountability

Social Standard or Code of Conduct (COC):

Social Accountability standards have been developed by the international organizations such as

• Fair Labor Association (FLA),

• Worldwide Responsible Accredited production (WRAP) ,

• Ethical Trading Initiative (ETI) and

• Social Accountability (SA 8000) Reputed brand buyers in large supply chain have taken the guideline from
those organizations and formulated their own standard of COC and also the acceptance criteria.

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Social compliance or Social Accountability

The basic principles of COC have been derived from the principles of international human rights
norms as delineated in International Labour Organization Conventions, the United Nations
Convention on the Rights of the Child and the Universal Declaration of Human Rights.
• It has Nine (09) core areas to be addressed upon. These are as follows:
• 1. Child labour
• 2. Forced labour
• 3. Compensation
• 4. Working hours
• 5. Discrimination/ Harassment
• 6. Health and safety
• 7. Free association and collective bargaining
• 8. Management systems
• 9. Environment
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1. Child labour

• ILO convention – 182

• Bangladesh Labor Law -2006, Section 2 (63)

• Child
• ‘Child’ means a person who has not completed his fourteenth year of age. Any such person
engaged for wages, whether in cash or kind, is a child worker. Child labor ( as defined herein ) is
completely unacceptable in the garment industry supply chain.
• Adolescent
• “Adolescent” means a person who has completed 14 years but not completed 18 years.

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Child labour (cont..)

Bangladesh Labor Law 2006, Chapter III, Employment of

adolescent workers, Section 34.
Law Regulation
No children shall be employed or permitted to
work in any occupation or establishment

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Child Labour (cont…)

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Legal Requirements For Child Labour

• Legal/Code – Compliance on Child Labour Standards

• Proof of Age Documentation / Other Means of Age verification
• Governments Permits and Parental Consent

• Documentation
• Employment of Young Workers
• (those between the minimum working age and the age of 18 years)
• Hazardous work for Young Workers
• Young Worker Identification System

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Child labour (cont…)

• Child labour is cheaper than adult labour.

• Inefficiency existing primary education facilities.
• Do not demand social security benefits

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Adolescent (Teenage) Labor

EMPLOYMENT OF ADOLESCENT- Bangladesh Labor Law 2006- chapter 3 section 34 to 44

34. Prohibition of employment of children and adolescent:

• (1) No child shall be employed or permitted to work in any occupation or establishment.
• (2) No adolescent shall be employed or permitted to work in any occupation or establishment unless-

(a) A certificate of fitness in the prescribed form and granted to him by a registered medical practitioner is in
the custody of the employer; and
(b) He carries, while at work, a token giving a reference to such certificate.

35. Prohibition of certain agreement in respect of children : Subject to the provisions of this
• chapter, no person, being the parent or guardian of a child, shall make an agreement, to allow the
• service of the child to be utilized in any employment.
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Adolescent (Teenage) Labor

• 36. Disputes as to age : If any question arises as to whether any person is a child or an adolescent, the
question shall, in the absence of a certificate as to the age of inspector for decision to a registered
medical practitioner. A certificate as to age of a person granted by a registered medical practitioner.
• 37. Certificate of fitness : A registered medical practitioner shall, on the application of any
• adolescent or his parent or guardian or by the employer whether the concerned adolescent is fit to
• work in any occupation or establishment, examine such person and shall give his decision as to his
• 38. Power to require medical examination : An adolescent working in an establishment with a certificate
of fitness is no longer fit to work in the capacity stated therein until he has been so examined and has
been granted a certificate of fitness or has been certified by the registered medical practitioner not to be
an adolescent.
• 39. Restriction of employment of adolescent in certain work : No adolescent shall be allowed in any
establishment to clean, lubricate of adjust any part of machinery while that part is in motion or to work
between moving parts, of any machinery which is in motion.
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Adolescent (Teenage) Labor

• 40. Employment of adolescent on dangerous machines: No adolescent shall work at any

• dangerous machine.
• 41. Working hours for adolescent: (1) No adolescent shall be required or allowed to work in any factory
or mine, for more than five hours in any day and thirty hours in any week;
• 42. Prohibition of employment of adolescent in underground and under-water work: No
• Adolescent shall be employed in any underground or underwater work.
• 43. Notice of periods of work for adolescent: In every establishment in which adolescent are employed,
there shall be displayed in the manner prescribed by rules, a notice of specified periods of work for
adolescent.

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Adolescent (Teenage) Labor

• 44. Exception in certain cases of employment of children : Although

anything
• contained in this chapter, a child who has completed twelve years of
age, may be employed in such light work as not to endanger his
health and development or interfere with his education;

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2. Forced Labor

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2. Forced labour

ILO Convention, 1930 (No. 29)

Forced labour is any work or services which people are forced to do

against their will under the threat of some form punishment. Almost
all slavery practices, including trafficking in people and bonded labour,
contain some element of forced labour.

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Forced Labor

THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH

• 34. (1) All forms of forced labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law.
• (2) Nothing in this article shall apply to compulsory labour–
• (a) by persons undergoing lawful punishment for a criminal offence; or
• (b) required by any law for public purposes.

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Forced Labour

• ILO conventions – 29 & 105 –

• This Act seeks to provide for the abolition of bonded labour system with a view to preventing the
economic and physical exploitation of the weaker section of the people Forced labour is any work or
services which people are forced to do against their will under the threat of some form punishment.
• Almost all slavery practices, including trafficking in people and bonded labour, contain some element of
forced labour.

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Forced Labor

• The ILO defines forced labour as “all work or service which is exacted from any person under the menace of any
penalty and for which the said person has not offered himself voluntarily.

• The International Labour Organization (ILO) estimates that there are at least 12.3 million people in forced labour
worldwide. Children are thought to make up between 40 and 50 per cent of all forced labourers.

• Of this total some 2.4 million people are in forced labour as a result of human trafficking.

• Human Trafficking: The action or practice of illegally transporting people from one country or area to another,
typically for the purposes of forced labour or commercial sexual exploitation.

• Women and girls account for almost all those trafficked into sexual exploitation and the majority of people trafficked
into labour exploitation.

• This means that some 80 per cent of all people trafficked for both economic and sexual exploitation are women and
girls. 19
3. Compensation

Workers' compensation is a form of insurance providing

wage replacement and medical benefits to employees
injured in the course of employment in exchange for
mandatory relinquishment of the employee's right to sue
his or her employer for the tort of negligence.

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4. Working hours

Working time is the period of time that a person spends at paid labor.

According to the section-100 of BLL-2006:

Any adult worker won’t work more than 8 hours in a day.
The worker won’t be forced to work more than 8 hours in a day.

But there is a condition,

According to the section-108 of BLL-2006:
Any worker can work 10 hours in a day. But maintaining smiley face
of the worker.

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5. Discrimination

 Discrimination is defined under ILO Convention No. 111

 as any distinction, exclusion or preference made on the basis of
race, color, sex, religion, political opinion, national extraction or
social origin (among other characteristics), "which has the effect
of nullifying or impairing equality of opportunity

 Employment discrimination is a form of discrimination based on

race, gender, religion, national origin, physical or mental disability,
and age by employers.
 Earnings differentials or occupational differentiation is not in and
of itself evidence of employment discrimination.

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Harassment & Abuse

• Definitions of abuse “...any action that

intentionally harms or injures another person.”
• “Treat with cruelty or violence, especially
regularly or repeatedly.”

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Harassment & Abuse

• No person shall be subjected to torture or to cruel, inhuman, or degrading

punishment or treatment.

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6. Health and safety

Occupational safety and health (OSH) also commonly referred to as

occupational health and safety (OHS) or workplace health and

safety (WHS) is an area concerned with the safety, health and

welfare of people engaged in work or employment.

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Health and safety

Bangladesh Labour Rules 2015, Section (40 to 52 ) / ILO convention – 187 – This convention refers
to a culture in which the right to a safe and healthy working environment is respected at all levels,
where government, employers and workers actively participate in securing a safe and healthy
working environment through a system of defined rights.

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Health & Safety

Legal Requirements For Health & Safety

• Legal/Code compliance - Health and Safety standards
• Document Maintenance/Worker Accessibility and Awareness
• Written Health and Safety Policy
• Worker Consultation
• Health & Safety management systems
• Communication to Workers
• Notification and Record Maintenance
• Permits and Certificates
• Evacuation Requirements and Procedure
• Safety Equipment and First Aid Training
• Personal Protective Equipment and Use
• Chemical Management and Training
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 Occupational Health and Safety (OHS)

• Occupational health and safety (OHS) primarily seeks to maintain the working ability of the labour
force as well as to identify, assess and prevent hazards within the working environment.
• These issues are important for many developing countries (DCs), because the effects of poor
health and lack of safety facilities, and non-ergonomics conditions exist in various workplaces are
a hindrance to the national economy and social progress.

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Legal Requirements For Health & Safety

• Sanitation in Factory Facilities

• Toilets
• Toilets/Restrictions
• Food Preparation
• Health & Hygiene
• Drinking Water
• Drinking Water/Restrictions
• Sanitation in Dormitories Dormitory Facilities
• Dormitories Separate From Production Facilities
• Child Care Facilities/Children on Premises
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Legal Requirements For Health & Safety

• 40. Removing wastes: With a view to fulfilling the purposes of the section 51(a), wastes
should be removed in the box with lid as the appropriate measure so that bad smell or
germs can’t be spread from these

• 41. Washing: With a view to fulfilling the objectives of the section 51(b), each working
room should be washed in the facility

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Legal Requirements For Health & Safety

• 42. Draining water: If there is the possibility that the floor or the working room may get wet due
to the production process as per the section 51(c):

• (a) The said floor should be made with impervious material;

• (b) The construction of the floor should be sloping and should be connected with the main
drainage system of the factory through the proper channel so that drained water or any liquid
can’t get stagnated into the floor.

• 43. Whitewashing and painting: If all internal walls, partitions, rooftops, staircases and passages
of each firm are painted or burnished.

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Legal Requirements For Health & Safety

• 44. Maintaining the register of cleanliness: The date of completing these activities mentioned in
the section 51(d) should be recorded in the register as per Form-20 with a view to fulfilling the
objectives of the section 51(e).

• 45. Ventilation and temperature: (1) As per the section 52(2), the temperature of each working
room of the firm should be kept in a tolerable limit and there will be windows of sufficient
numbers in each room for the proper ventilation of pure air
• 47. Removal of wastes: (1) As per the section 54, the arrangements of removing the wastes and
liquids should be in accordance with the existing law and direction of the country and the
clearance issued by the environment and health authorities concerned on the measures taken
should be submitted to the inspector.

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Legal Requirements For Health & Safety

• 48. Temperature in the yarn and knitting factory and artificial moisturizing: As per the sections
52 and 55, the ventilation and temperature in the yarn and knitting factory should be controlled
in the way mentioned.

• 49. Arrangement of lighting: (1) As per the section 17, the arrangements of lighting of the
workplace of the workers should be at least 350 Lux at the height of 1.0 meter from the floor.

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7. Free Association and collective bargaining

• C087 - Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)

The right of workers and employers to form and join organizations of their own choosing is an integral part
of a free and open society.
In many cases, these organizations have played a significant role in their countries’ democratic
transformation.
From advising governments on labour legislation to providing education and training for trade unions and
employer groups, the ILO is regularly engaged in promoting freedom of association.
The ILO’s Committee on Freedom of Association was set up in 1951 to examine violations of workers’ and
employers’ organizing rights.
The committee is tripartite and handles complaints in ILO Member States whether or not they have ratified
freedom of association conventions. Through the Committee on Freedom of Association and other
supervisory mechanisms, the ILO has frequently defended rights of trade unions and employers’
organizations.
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8. Management systems

A management system is the framework of policies, processes and procedures used by an organization to
ensure that it can fulfill all the tasks required to achieve its objectives.

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9. Environment

The term work environment is used to describe the surrounding conditions in which an employee operates.
The work environment can be composed of physical conditions, such as office temperature, or equipment,
such as sewing machine. It can also be related to factors such as work processes or procedures.
Environmental Compliance means conforming to environmental laws, regulations, standards and other
requirements.
In recent years, environmental concerns have led to a significant increase in the number and scope of
compliance imperatives.
Being closely related, environmental concerns and compliance activities are increasingly being integrated
and aligned to some extent in order to avoid conflicts, wasteful overlaps and gaps.
All industrial enterprises every member units should maintain a moderate working condition for their
employees. Although most of the well-established units try to comply with the environmental issues, but
there are still cases of non-compliant units.
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9. Environment (cont..)

 While following the above criteria is compulsory for satisfying COC, local culture and regulation of
Govt. cannot be overlooked. For instance, limit of working hours and compensation for extra
work may not be the same for all geographical zones in the globe.

 Minimum basic wage also depends on the economic situation of a particular country in question.
The introduction of rights of free association and collective bargaining is guided by the political
environment, the maturity level of workforce and above all the basic training of the management
of the organization.

 By keeping in mind the complex scenario, several case studies in Bangladesh have been made
with respect to the information obtained through actual social compliance audits performed by
leading auditors of internationally well-known consumer products service companies.

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HRP Audit Grid-Major Areas

PRIORITIES MAPPING
E,Ep=>D D=>C C=>B B=>A
Unacceptable Elementary Consolidated BP Cotation LEVEL

1/ Child Labor
G G G 75% B

2 - Forced Labour
G G G 100% A

3/ Protection of vulnerable workers

G G R 50% C

4/ H&S - Legal authorization & periodical check

Y G 50% B

5/ H&S - Risk & safety management

G R R 25% D

6/ H&S - Chemicals management

G R R 25% D

7/ H&S - Fire safety / evacuation

Y R G 33% D

8/ H&S - Living environment

Y G 50% B

9/ Sub contracting
G G 67% B

10/ Disciplinary practices

G G G 75% B

11/ Working hours

G R 33% C

12/ Compensation
G G G 100% A

13/ HR management
G G 67% B

14/ Management of SA 39
G G 67% B
 Thanks……
M.Fariduzzaman Bhuiyan Sohel
MBA in Apparel Merchandising (BUFT, 2nd Batch)
ProfessionalTraining on Industrial Engg. & Lean Manufacturing
under IPE BUET & DCG (Canada,Srilanka,Sigapore Based RMG Consultancy Group)
LEAN Training in France, Morocco and India (Under Lean Management Institute of India)
B.Sc. (University of Dhaka)

Head of RMG Factory-2

Knit Asia Ltd.
New Asia Group

sohel.lean@gmail.com