SedexSMETA验厂法规介绍
禁止事项
1.1 禁止强制劳动力、受关押劳动力和不情愿的犯人劳动力。
1.2 雇员不应被要求交纳抵押金或把他们的身份证件交给雇主,在给出合理的预先通知之后,雇员能够自由地离开其雇主。
权力
2.1 所有雇员毫无例外地具有加入或组成其自己选择的工会的权力和进行集体劳资谈判的权力。
2.2 雇主对于工会的行为和他们的组织活动,要采取开放的态度。
2.3 不能歧视职工代表,这些代表能够利用其工作场所执行其职工代表的职能。
2.4 在自由结社和劳资谈判的权力受法律限制的地方,雇主要促进而不是妨碍建立独 立自由的结社和劳资谈判的类似形式。
工作环境
3.1 要提供安全卫生的工作环境,并要考虑到该行业的普遍常识和任何特殊危险性。 要采取适当的措施,防止由于工作引起的、与工作有关的或在工作中发生的各种 事故及损害健康事件的发生。尽可能而又实际地减少工作环境中固有的各种危险 因素。
3.2 应对雇员进行定期的和有记录的健康和安全培训,这种培训对于新的和改换工种 的雇员要重复进行。
3.3 要为雇员提供清洁的厕所设施和饮用水,在可能的情况下,还要提供存放食品的卫生设备。
3.4 所提供的住宿条件,要保证清洁、安全并且满足雇员的基本需求。
3.5 采用本法规的公司,应该指定一名高级管理人员代表对健康和安全负责。
禁止使用儿童作工
4.1 不能再新招收儿童作工
4.2 所有公司要制订或参与并资助使任何被发现用作童工的儿童接受高质量教育直至 不再是儿童为止的政策和项目。儿童和儿童作工的定义在附录中给出。
4.3 不可雇用儿童和 18 岁以下青少年在夜间或在危险的条件下工作。
4.4 这些政策和程序必须与相关的 ILO 标准条款一致。
维持生活的薪水
5.1 每个标准薪水周所付的薪水和福利,至少要达到国家的法定标准或行业规定的标准, 以高者为准。在任何情况下,所付薪水总应足够满足基本需求并提供一些可供自由 支配的收入。
5.2 在所有雇员开始工作以前,要为他们提供书面形式的、易于理解的、涉及薪水之雇 佣条件的有关信息,并且在每次支付薪水时,要为他们提供本次薪水涵盖期间之薪水的详细情况。
5.3 不经雇员同意,不容许扣除薪水作为一种纪律约束措施,也不容许对薪水进行国家 法律规定之外的任何其他扣除。所有纪律约束措施都必须记录在案。
工作时间符合法律规定
6.1 工作时间必须符合国家法律和行业规定的标准,以对雇员提供较强保护者为准。
6.2 在任何情况下,不能要求雇员经常性地每周工作超过 48 小时,并保证平均每 7 天至少休息一天。加班时间必须是自愿的,且每周不能超过12小时。不能要求经常 加班,且必须按照奖励薪水级别给予补偿。
禁止歧视
7.1 在雇佣、补偿、培训、提升、辞退或退休方面,对任何人都不能因其种 族、社会地位、国籍、信仰、年龄、残疾、性别、婚姻状况、性观念、所属工会和所属政党进行歧视。
正规的雇佣关系
8.1 在尽可能的程度上,所进行的工作必须以按国家法律和常规所建立的、被正式 承认的雇佣关系为基础。
8.2 对受劳工或社会保障法律和法规保护的、建立在正规雇佣关系之上的对雇员的优惠,不能通过 使用劳动合同、分包合同或者在家工作的安排,或者通过不想真正传授技 术或提供正规雇佣关系的学徒项目来取消,任何类似优惠待遇也不能通过过度使用 固定期限的雇佣合同来取消。
禁止虐待或体罚或辱骂员工
9.1 禁止使用人身虐待或体罚、或以人身虐待相威胁、性骚扰或其他骚扰以及恶语或其 他形式的恐吓。
Sedex常见问题
问 How can you become more involved with Sedex?答As a membership organisation we thrive on the input from our members. We have a Board of Directors made up of A, AB and B Members and a number of working groups covering areas such as the Environment, Product Development and Auditing. If you would like to get involved in any of these groups please e-mail info@sedex.org.uk or call (+44) 207 022 1900
问 How can the Sedex Self Assessment Questionnaire (SAQ) help my company?答 Completing the SAQ can help illustrate the important issues when addressing ethical and responsible trade. For example it can be used to compile a company’s code of conduct.
问 Who pays for our membership? 答 We try and keep Sedex membership fees to a minimum. Sedex is a means to prevent the duplication of information it can help save a company time and money. As a result we encourage that companies pay for their own account.
问 My company is conforming to local and national law why do I still need to conform to ETI, ILO etc?答 Although local and national laws provide the basis of company’s policies, internationally recognised standaRDS such as the Ethical Trade Initiative (ETI) base Code and the International Labour Organisation (ILO) Conventions have been created to drive convergenCE in policies and principles.
问 Is Sedex just adding another level of bureaucracy?答 No, Sedex is a means to prevent the unnecessary duplication of information. We are driving convergence in this field and believe that Sedex is means to actually lower bureaucracy. For example by becoming a member of Sedex you only have to fill out one questionnaire and share this with any number of your customers. Sedex also offers you the opportunity to share information about the good practices at your sites of employment.
问 How does Sedex differ from other organisation like the Ethical Trade Initiative (ETI)?答 Sedex is a web-based filing cabinet which allows companies to store and view data on ethical and responsible business practices. Sedex does not set any standards or determine the policy of its members. It is purely a tool for facilitating access to information.
问 What codes is Sedex based on?答 Sedex stores information on ethical and responsible practices covered by ILO Conventions, ETI base Code, SA8000, ISO14001 and industry specific codes of conduct. Sedex members can use the information on the system to evaluate suppliers against any of these codes or the labour standards provisions in inpidual corporate codes. Sedex itself does not specify a particular code or state that suppliers have ‘passed’ or ‘failed’
问 What happens if I don’t join Sedex?答 If you have been requested to join Sedex by one of your customers it is likely that they see Sedex as an important part of their responsibility sourcing practices. It is becoming increasingly common that companies see Sedex membership as a condition of supply. You should see membership as something that can benefit not only your customers but also your own company. If you are unsure of how it can benefit you please contact us directly.
问 Sedex 上的信息是准确的吗?答 The rules of Sedex require members to use their best endeavours to ensure that the data placed on Sedex is true. However, the system itself cannot verify data. This will be done by members and through third party audits.
问 I’m a supplier and I already provide self-assessment and audit information to my customers - what are the benefits of Sedex for me?答 Sedex provides an efficient and cost effective way of communicating with your customers, by making one set of data available to multiple customers.
问 I’m worried about the security of information on my site – how will it be kept confidential?答 Security of all data is of paramount importance to Sedex. The servers are hosted in award winning facilities with ISO9001 and ISO27001 accreditation. System access is controlled through usernames and passwords and all data is passed through a Secure Socket Layer (SSL). Within the system each Sedex member controls who can view all parts of their data using a thorough security model which can be updated at any time. This ensures you have to give specific access to another member for them to view your information. We conduct an annual penetration test which can be found on our Security page https://www.sedex.org.uk/bc/cm/site.php?root=20115
问 If I’m on Sedex, does that mean I’m an approved supplier? 答 No. Being on Sedex does not mean that a company has met any ethical standards or is in compliance with any code but it does mean you have committed to continuous improvement. Sedex holds information on ethical and responsible trade which a company has chosen to share with its customers. It is up to each customer to assess the information and to decide whether suppliers meet their own standards.
问 If I join do I have to have an ethical audit?答 No, It is not a requirement of becoming a member of Sedex. You may wish to have an ethical audit based on your internal policy or by the request of one of your customers.
问 Can sites amend third party audit reports which are put on Sedex?答 No. When third party auditors upload audit reports and summaries directly these cannot subsequently be altered by the sites
问 My team works with suppliers to develop action plans – how will this work with Sedex?答 供应商们将商定的行动输入到 Sedex,其次使用系统报告他们的行动和进展情况。
问 Sedex 使用何种审计协议?答 Sedex does not prescribe the type of audit. Sedex provides a place to store any and all ethical audit reports, with a summary of non-compliances held in a common format. Sedex has created the Sedex Members Ethical Trade Audit (Smeta). Information can be found at https://www.sedex.org.uk/bc/cm/site.php?root=19951
问 Sedex 规定认可的审计方吗?答 No. Sedex does not restrict who can carry out an audit, although some A or AB members may recommend certain auditors to their suppliers. The identity of the auditor is included on each audit summary and members can then decide whether or not the audit is acceptable to them.
问 加入 Sedex 以前,我的生产厂区必须通过独立审计吗?答 No. Sedex stores self-assessment data as well as ethical audit reports. You are not required to have an audit in order to join Sedex. But as and when you do have an audit carried out, you can make the audit report available on Sedex and use Sedex to communicate your corrective action plan and progress to your customers.
问 审计费用由谁支付?答 Sedex does not specify who pays for audits. It is up to each site, supplier and retailer to agree who should bear the cost of auditing. However, Sedex seeks to minimise the cost of auditing by making a single audit report available to a number of different customers (see Smeta).
问 我必须使用某一特定的审计协议,才能使所提供信息被 Sedex 认可吗答 No. Sedex does not prescribe the type of audit. Sedex provides a place to store any and all ethical audit reports, with a summary of non-compliances held in a common format. However Sedex does have a common audit methodology and report format that many Sedex members will expect. For more information please see https://www.sedex.org.uk/bc/cm/site.php?root=19951
问 Sedex 提供特许审计方名单吗?答 No. Sedex does not restrict who can carry out an audit, although some companies may recommend certain auditors to their suppliers. The identity of the auditor is included on each audit summary and members can then decide whether or not the audit is acceptable to them.
问 my competitors be able to see my supply chain?答 No. Members can only see information about other companies if they have been granted access.
问 If I join Sedex, does that mean I don’t need an ethical trading programme? 答 不是。Sedex 提供了1个汇集和分享信息的框架,但链条中的每个人都必须确保所上传信息的准确性,并以信息为行动依据,不断地进行完善。
问 I’ve already got an assessment system for my suppliers – why should I join Sedex?答 Sedex provides an electronic system for collecting and analysing comparable information on ethical and responsible business practice. It can be accessed by any supplier or site, anywhere in the world, providing they are able to use the internet. It will allow you to access and analyse ethical assessments, action plans and corrective actions and to track progress over time. Because Sedex enables sites to share the same data with many customers, there is a strong incentive for suppliers to join. This will help to reduce the duplication of audits, allowing both you and your suppliers to concentrate on improvements, rather than on numerous self-assessments and audits.
问 I’m an agent and I can’t be sure on any particular day which of my sites supplies which of my customers – how will Sedex deal with this?答 Sedex enables you to specify which of your supplier’s supplies to each of your customers. You need to agree with your customer the best way of handling your supply chain, to ensure that they have access to the most accurate information possible.
问 Lots of my direct suppliers are agents – how will Sedex deal with this?答 Agents will need to register as B members on Sedex and to record their trading relationships. The agent is then responsible for making sure their suppliers register on Sedex and grant you access to their data.