1 joint initiative for corporate accountability and workers rights training seminar turkey 2006...

1

Joint Initiative for Corporate

Accountability and Workers Rights

Training Seminar Turkey 2006

Module 2

2

Group icebreaker

With your group, put together a list of things (e.g.

characteristics, experiences, etc.) that all members of the group

have in common.

This may not include nationality or parts of the body (e.g. “we

are all Turkish” or “we all have arms”).

Compile a list of at least 10 items. Designate one group

member to share the list of common traits with the rest of the

participants.

You have 7 minutes.

What we have in common

Intr

od

uct

ion

3

Looking back: Module 1

• The global context

• Specialized terminology used in this field

• The 6 organizations • General approach • Membership• Codes • Approaches to social auditing• Disclosure/reporting

Intr

od

uct

ion

4

Today: Module 2• Jo-In project in Turkey

– how it works

• Using complaints systems to address workplace violations

• Imaginary scenarios to practice using these systems

Intr

od

uct

ion

5

Jo-I

n

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Jo-In = The Joint Initiative on Corporate Accountability and

Workers Rights

Jo-I

n

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“The 6” members of Jo-In are:

Clean Clothes Campaign (CCC) - Netherlands

Ethical Trading Initiative (ETI) – England

Fair Labor Association (FLA) – USA

Fair Wear Foundation (FWF) - Netherlands

Social Accountability International (SAI) – USA

Workers Rights Consortium (WRC) – USA

Jo-I

n

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• To maximize the effectiveness of their

work to improve workplace conditions

• To share learning about good practice in

Code enforcement

• To enhance cooperation among the six

groups

Why “the 6” founded Jo-In:Jo

-In

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Jo-In pilot projectJo

-In

In Turkey

The first Jo-In pilot project

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Jo-In pilot projectJo

-In

Why Turkey?

Significance of apparel exports to Europe and North America

Potential local partners

Potential for project impact

Location / Accessibility to all

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Jo-In pilot project Jo

-In

1) Draft Common Code

2) Implementation of challenging code provisions:

• Freedom of association • Hours of work• Wages (living wages)

3) Complaints mechanisms

4)Subcontracting in supply chains

Based on reflections within the 6 organizations and consultations with stakeholders in Turkey

Project focus

Learning from current practice and striving

for collective innovation.

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Jo-In pilot project Jo

-In

1)Agreed a draft Code of Conduct

2) Conduct factory trials

• Factory assessments

• Remediation efforts to identify good practice with regard to:• Freedom of association• Hours of work• Wages

• Forum on living wages and competitiveness

3) Observe use of complaints mechanisms

4) Conduct a study on subcontracting in Turkey

Project approach Already the project has…

It will also…

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• Turkey’s apparel industry

• Project lasts through 2007

• Trials in selected factories

• Other learning (e.g. complaints, labor relations, etc) undertaken in collaboration with wide variety of stakeholders

Jo-I

n

Project scope

Jo-In pilot project

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“The 6” organizations: CCC, ETI, FLA, FWF, SAI, WRC

7 brands: adidas (FLA), Gap (SAI/ETI), Hess Natur (FWF),

Marks&Spencer (ETI), Nike (FLA), Patagonia (FLA), Puma (FLA)

6 facilities in Turkey, selected through a selection process,

based on set criteria, and brand, trade union, and NGO input

Local stakeholders: Turkish trade unions, trade and

manufacturing associations, NGOs,

Local government: Turkish ministries of labor and trade

International stakeholders: International trade unions, NGOs,

ILO (observer)

Jo-I

nWho’s participatingJo-In pilot project

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Jo-In pilot project

Steering Committee

(6 leaders of Jo-In

founding organizations)

International Advisory

Committee

(2 T.U, 2 NGO,

2 Brands)

Jo-In Staff

Local Committees in Turkey for • Factories• NGOs• Trade Unions• Brands

Self-convene & advise

The Steering Committee (SC) is advised at the international and local levels.

Based on SC decisions, Jo-In staff communicates and collaborates with partners.

Governance

Funded by:

European

Union,

US State

Dept,

Private

Grants

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• Draft Common Code – to be tested during Jo-In pilot in Turkey

• Based on highest provisions of 6 Codes

• Aims to consolidate Codes internationally – alleviate Code confusion

• Depending on trial outcomes, draft Code will be revisited and/or adopted

Jo-I

nJo-In CodeJo-In pilot project

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Jo-In will issue:

• An interim report on the project’s progress

• Reports on factory assessments and remediation (factories unnamed)

• Summary report on project learning

Jo-I

nHow it will be reportedJo-In pilot project

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• Factory assessments

• Living wages discussions in Turkey

• Remediation efforts in factories

• Complaints and subcontracting & informal employment research

• Analyses and public reporting

• International forum - outcomes and learning

Jo-I

nNext stepsJo-In pilot project

Reporting and

consultations

with local

stakeholders

ongoing

throughout

project

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Join pilot project:

Small group discussion

Building on Module 1’s group activities

Jo-I

n

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Design the ideal, imaginary organization working to improve workplace conditions internationally. Imagine together:

Jo-I

nReview from M1: Small group activity (1)

The organization’s approach -- rate the importance of the following activities (1-4) Building the capacity of local actors in the countries where the

organization works Experimental projects that establish best practice for Code

implementation Auditing workplace conditions and company practices Reporting on factory/brand performance

The countries where it focuses its work and where it is based

Who it is composed of (i.e. stakeholder groups)

Identify challenges you imagine encountering in trying to establish this organization (e.g. balancing different interests, prioritizing work, funding, etc.)

Name the organization

Be prepared to report the reasons for your choices.

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Return to your small groups and together reflect on what was covered in Module 1. Identify which of the 6 organizations is most similar to your imaginary organization. What were the similarities? What were the differences?

Identify ways in which your imaginary organizations would benefit from cooperation with any or all of the 6. List the kind of activities your organization would like to include in a joint project with the other organization(s). Where would you propose to host the project?

Review from M1: Small group activity (2)

Comparison with imagined organizations

Hold onto notes from this discussion for use in Module 2.

Jo-I

n

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Based on what you have learned about the Jo-In pilot project in Turkey, what learning from the pilot project in Turkey would be most valuable to your organization if it were among the 6 involved?

Module 2: Small group activityConsidering Cooperation

Share your group’s responses with the large group.

Jo-I

n

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Complaints/grievance

procedures

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Factory grievance

systems

National-level labor authorities

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• Complaints basics

• Factory level grievance processes

• Brands’ complaint systems

• Complaints and appeals mechanisms of “the 6”

• Other options for filing labor complaints

OverviewComplaints

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In this section, we review:

We then consider ways to use these systems

• Imaginary scenarios• Lessons learned

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• Workers direct input to organization

(factory, brand, MSI)

• Means of alerting companies/MSIs of any

problems in the supply chain to solve

them quickly and fairly

• Way to hold companies accountable

Why do complaints mechanisms exist?Complaints

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Some of the reasons…

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Key terms (a review)

Complaint – appeal – charges that the Code standards of a given organization are not being respected.

A complaints mechanism is the system through which a complaint is received and processed.

Ter

ms

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Complaints and grievancesComplaints

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At different levels

MSI level

Brand level

Factory level

Jo-In disputes resolution mechanism

(only applies to factories in project)

Alternatively:

• Local and national legal authorities

• Inter-governmental organizations

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• Factory mechanisms

• Trade union channels

• Local government systems (labor inspectorate or labor courts)

Working locallyComplaints

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Importance of working at the local level

This training only deals with non-governmental

structures for addressing violations. Essential, but not covered

here

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A grievance procedure in a factory provides a written, formal (as well as informal) procedure by which management is bound to process and respond to workers’ grievances.

Such procedures should be enumerated in an employee handbook.

Factory grievance proceduresComplaints

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Key aspects of a factory-level grievance system:


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• Stated rules for behavior

• Clear procedures for each step of a grievance

• Guidelines for formal & informal grievance

channels

• Non-retaliation if used with “serious intent”

• Time limits for each step

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Other key components:


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• Trained personnel to receive grievances

• Options for third party assistance

• Labor panel in place with balanced membership

• A commitment to solve problems if they arise

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How do brands make complaints channels available?

Brands complaints mechanismsComplaints

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Some examples:

• Mobile phone numbers posted in factory

• Business cards distributed

• A centralized “help-line”

• Locked complaints boxes

• Pre-paid mailers distributed to workers

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How exactly do these work once complaints are received?

Brands complaints mechanismsComplaints

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For most, the internal functions are still not entirely clear:

• Criteria for acceptance ?

• Procedures for processing ?

• Rates of responsiveness ?

These are worthy of further investigation in order

to learn about the processes and effectiveness of

each system.

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All 6 systems available to workers throughout the world

Overview“The 6” - Complaints/Appeals

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All 6 systems available to workers throughout the world

Overview“The 6” - Complaints/Appeals

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• CCC

• ETI

• FLA

• FWF

• SAI

• WRCPrimary system for improving

conditions where university-licensed

goods are made

Processes complaints not resolved by

grievance procedures required in

SA8000-certified factories

Safety net for factories’ and member

brands’ mechanisms

Garment workers worldwide link to internat’l

campaigns

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Q. What do the processes cover?

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A. ONLY violations of the 6 organizations’ Codes

Past complaints in the systems:

Most common: Freedom of association

&: - Failed payment of overtime

- Sexual discrimination

- Dangerous working conditions

“The 6” - Complaints/Appeals

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ts Results of complaints


Examples of remedial actions :

• Hiring human resource staff

• Dismissed workers reinstated

• Payment of back wages

• Closed-ballot union elections

• Collective bargaining agreements

• Drafting policies for hiring, firing and advancement

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ts In general, what does the process entail?


Neither WRC nor CCC involve companies in processing complaints.

Code violation

violation to local group

information

Complaint submitted to

Brand or MSI

MSI decides if admissible

Investigation

Remediation

Corrective actions

reviewed by MSI/involved parties

Stakeholders together;

assess completion

End

If a

dmis

sibl

e,

If not admissible,

If n

o fin

ding

, co

mpl

aint

end

s

If finding,

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Co

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ts Who can complain? How?


Key points from table:

Who can file? Anyone, except only members may file in ETI’s system.

Which factories apply? those producing for member brands or universities; SA8000 facilities

* For CCC: All factories producing brand-name apparel /footwear

Where to file and how? Contact the relevant organization. See table for more.

Table in

seminar

reference

pack

provides

further

details

• Verbal or written, using any means available (personal contact, telephone, email, letter, etc)

• Staff may follow up if additional info needed

• WRC Headquarters• May also be submitted by

way of partner organizations in field

Any partyFacilities producing university-licensed goods

WRC

• Written, with supporting evidence (e.g. a worker’s testimonial with supporting time card)

• Faxed or mailed

•Rochelle Zaid, SAI Headquarters [email protected]•May also be submitted by way of member brand or SA8000 auditor

Any party Facilities may also use

system to appeal SAI certification decisions or other actions

SA8000 certified facilitiesSAI*

• Verbal or written, using any means (personal contact, telephone, email, fax, etc)

• Complaints form in reference pack or available from FWF or contact person

• FWF headquarters • Contact persons, based in

every country where FWF brands produce

• In Turkey: Sule [email protected], +90 532 3143420

Any party Facilities may also

complain about FWF auditors

Facilities producing for FWF member companies

FWF

• Third party complaints form, in reference pack or accessed: http://www.fairlabor.org/all/complaint/index.html

• Complaints received by fax, mail, email

• Jorge Perez Lopez, FLA Headquarters ([email protected])

• FLA staff based in regions

Any party Facilities producing for FLA member companies or those producing university-licensed goods

FLA *

• Access ETI guidance for list of information to be included in the complaint

• Written on letterhead, signed and dated

• All complaints should be sent by an ETI member to a member company

• Send a copy to ETI Secretariat.

Any ETI member (company, NGO or trade union)

Workers or local trade unions/ NGOs can file through ETI members

Facilities producing for ETI member companies This includes 2nd and 3rd tier subcontractors

ETI

• CCC website provides list of suggested info to include

• Any format is accessible –telephone, email, letter, etc

• Any CCC office or project group (14 locations in all)

• List of locations: www.cleanclothes.org/contacting.htm

Any party Facilities producing shoes or garments

CCC

Format for complaints Where to file complaints?Who can file a complaint/ issue an appeal?

Scope of complaints mechanism

Org.



• WRC Headquarters• May also be submitted by

way of partner organizations in field

Any partyFacilities producing university-licensed goods

WRC


• Faxed or mailed

•Rochelle Zaid, SAI Headquarters [email protected]•May also be submitted by way of member brand or SA8000 auditor

Any party Facilities may also use

system to appeal SAI certification decisions or other actions

SA8000 certified facilitiesSAI*



• FWF headquarters • Contact persons, based in

every country where FWF brands produce

• In Turkey: Sule [email protected], +90 532 3143420



Facilities producing for FWF member companies

FWF



• Jorge Perez Lopez, FLA Headquarters ([email protected])


Any party Facilities producing for FLA member companies or those producing university-licensed goods

FLA *







Facilities producing for ETI member companies This includes 2nd and 3rd tier subcontractors

ETI


• Any format is accessible –telephone, email, letter, etc

• Any CCC office or project group (14 locations in all)


Any party Facilities producing shoes or garments

CCC

Format for complaints Where to file complaints?Who can file a complaint/ issue an appeal?

Scope of complaints mechanism

Org.

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Org. Scope of complaints mechanism

Who can file a complaint/ issue an appeal?

Where to file complaints?

Format for complaints

CCC Facilities producing shoes or garments

Any party • Any CCC office or project group (14 locations in all)



• Any format is accessible – telephone, email, letter, etc

ETI* Facilities producing for ETI member companies This includes 2nd and 3rd tier subcontractors







FLA * Facilities producing for FLA member companies or those producing university-licensed goods

Any party • Jorge Perez Lopez, FLA Headquarters ([email protected])




FWF Facilities producing for FWF member companies



• FWF headquarters • Contact persons,

based in every country where FWF brands produce

• In Turkey: Sule Necef [email protected], +90 532 3143420



SAI* SA8000 certified facilities


use system to appeal SAI certification decisions or other actions

•Rochelle Zaid, SAI Headquarters [email protected] •May also be submitted by way of member brand or SA8000 auditor


• Faxed or mailed

WRC Facilities producing university-licensed goods

Any party • WRC Headquarters• May also be submitted

by way of partner organizations in field



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ts How to link a factory to a brand or MSI?


1) Record the brand names manufactured at the factory.

2) Note any university names or logos.

3) Seek brand name in seminar resource pack.

4) Check SAI’s website for a full list of SA8000 facilities.

5) Check WRC and FLA university licensee factory databases.

Beware of counterfeit

clothing and the dynamic nature of production contracts. A brand may

produce in a factory one

month and leave it the next.

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ts Some key differences


CCC’s urgent appeals system is different.

• It focuses on making other systems effective

• It isn’t based on an investigations model (like other 5)

• Works behind scenes – to find solutions with brands and other MSIs

• Brings the most serious issues to public attention – by writing letters, protests, etc.

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ts Some key differences (2)


• Roles of stakeholders in the process

• Member brands

• Local stakeholders

• Auditors and third parties

• Timeliness

• Transparency

• Use of the media

Each organization is different.

When filing a complaint, be sure

to check with each regarding its

exact policies.

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Organization

Complaints Since

Number of Complaints/

Appeals Processed

to Date

What info can be accessed online:

CCC1991 200+

Ongoing reporting on all appeals: www.cleanclothes.org/appeals.htm

ETI

2001 5

All complaints reported upon receipt of complaint; and upon completion. www.ethicaltrade.org

FLA

2002 14

Survey of complaints posted annually in public report: www.fairlabor.org/2005report/thirdparty/index.html

FWF2005 7

All complaints reported periodically in FWF newsletter and in annual report: www.fairwear.nl

SAI

2000 9

Reports are sent to complainants. Once completed, online reports available: http://www.sa-intl.org/index.cfm?fuseaction=Page.viewPage&pageId=749&parentID=511&grandparentID=749&nodeID=1

WRC2000 15

Ongoing reporting on all complaints: www.workersrights.org/freports.asp

Public Reporting on Complaints C

om

pla

ints


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ts Key common points


For any of the 6 mechanisms to work effectively:

• No retaliation

• Clear, continued communication

• Involvement of workers

• Continued sourcing by involved brands

• Appreciation of time and resources required to file, process, and remediate a complaint

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ts Systems’ limits


• No legal or governmental authority

• Only applies to factories and brands that fall within scope of system

• Limited resources of organizations (staff, budget, etc)

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ts Still under development


• The 6 are still learning

• ETI, FLA, and SAI currently undergoing changes and improvements in systems

• Complaints are learning process for all

• Still assessing the cumulative impact of complaints mechanisms across the board

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ts PurposeJo-In’s system

• Last resort – only after attempts at utilizing factories’ and brands’ mechanisms

• Only applies to complaints arising • during the project, and• in the 6 participating facilities, and• for violations of Jo-In draft Common Code

• In case of emergency – where workers’ lives are endangered

This system does not add another layer to the systems already in

place, it functions only a common safety net for Jo-In project

participants

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ts When it springs to actionJo-In’s system

• Only after factory- and/or brand-level mechanisms accessed and failed

• If immediate action is necessary due to a life-threatening situation

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ts Cases when it springs to action Jo-In’s system

Scenario One: An issue was not resolved using factory and brand complaints mechanisms:

1. Project manager determines if applicable

2. Brand and company notified

3. Investigation

4. Remediation

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ts Cases when it springs to action (2)Jo-In’s system

1. Brand and factory contacted *

2. Action to alleviate immediate threat

3. Corrective action of cause for threat

* Authorities may also be asked to intervene

WORST CASE SCENARIO

Scenario Two: Immediate action is required due to imminent threat to worker(s):

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ts Governmental / intergovernmental systems

Complaints/Appeals – other options

• Organization for Economic Cooperation and Development (OECD)

• International Labor Organization (ILO) • Committee of Experts

• Committee on Application of Standards

• Committee on Freedom of Association (where relevant)

• Regional trading systems (e.g. NAFTA, European

Commissions preferential trading agreements, etc.)

• Regional human rights bodies (e.g. European Court of

Human Rights)

• Local labor law enforcement authorities

See seminar

reference pack for contact

info.

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Complaints /Appeals Q&A

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Factory grievance

systems

National-level labor authorities

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ts Question 1

Complaints/Appeals Q&A

Q. What information should be compiled when planning to file a complaint?

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ts Question 1


Q. What information should be compiled when planning to file a complaint?

• Factory name

• Contact person for moving forward

• Explanation of violation – with details (dates, location, etc)

• Whether other complaints mechanisms accessed

• All known brands/companies sourcing from factory

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ts Question 2


Q. Can one file a complaint in two places at once?

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ts Question 2


Q. Can one file a complaint in two places at once?

Yes. This can be a good strategy.

But, be strategic in choosing where to file.

• Appreciate the time and resources required.

• Think local, for the long term. Build local capacity whenever possible.

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ts Question 3


Q. What if a facility falls within the scope of two or more organizations? For example, what if a facility is SA8000 certified and produces for a brand that is an FLA member?

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ts Question 3


Q. What if a facility falls within the scope of two or more organizations? For example, what if a facility is SA8000 certified and produces for a brand that is an FLA member?

Again, if a serious problem exists in a factory, combining influence can help resolve the problem.

So, contact both organizations.

But make sure to notify each that you are also collaborating with the other.

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ts Question 4


Q. Can a factory use the MSI systems to file a complaint? For example, if a factory considers that findings from an audit are not accurate?

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ts Question 4


Q. Can a factory use the MSI systems to file a complaint? For example, if a factory considers that findings from an audit are not accurate?

It depends on the organization.

• FWF and SAI open their complaints systems to factory management.

• For ETI, any ETI member may use the system to file a complaint against another member.

• The others do not have formal systems for factory complaints.

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Other questions?


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Imaginary Scenarios

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Factory grievance systems National-level labor authorities

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Assemble with your assigned group. Read your group’s imaginary

scenario and appoint a group reporter. Together develop the

strategy that you recommend taking to address the workers’

complaint.

Remember to consider:

1. Characteristics and limitations of each organization’s system

2. Time and resource limitations

3. The importance of building local capacity

At the end of the allotted time, be prepared to 1) summarize the

scenario for the large group; and 2) present your strategy and the

group’s reasoning behind the strategy. Compare the action you

propose with that of other groups assigned the same scenario.

Imaginary ScenariosUsing Complaints Mechanisms

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ts Complaints – What works? Lessons learned

The essentials, for any complaints mechanism to work:

• No retaliation against complainants

• Keeping workers at the center of the entire process

• Proceeding so as to build (not break) mechanisms, particularly local ones

• Clear structures and communications at each step of process

• Clearly-reported facts

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Common ingredients of success stories from MSI complaints mechanisms:

• All the points just raised (last slide)

• A focus on communications throughout process between ALL stakeholders

• Trust in the process

• Openness to a solution

• Active and on-the-ground involvement by brands

And…

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Focusing on the MSIs, complaints success stories involve: (continued)

• Effective cooperation among several sourcing brands to address a complaint

• Appropriate confidentiality and appropriate transparency

• Continual monitoring until issue resolved

• Public acknowledgment of good efforts

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ts Content review Lessons learned

Module 1:Module 1:

- The global contextThe global context

- TerminologyTerminology

- The 6 The 6 - Membership, Membership, Approach, governance Approach, governance - Code contentsCode contents- Auditing and Auditing and remediation processesremediation processes- Disclosure and public Disclosure and public reporting reporting

Module 2:

- Jo-In and its pilot project in Turkey

- Using complaints systems

- Locally (Factory, trade union, labor authorities)- Brands- MSI- Jo-In - Other

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ts Content review Lessons learned

Module 1:

- The global context

- Terminology

- The 6 - Membership, Approach, governance - Code contents- Auditing and remediation processes- Disclosure and public reporting

Module 2:Module 2:

- Jo-In and its pilot project Jo-In and its pilot project in Turkey in Turkey

- Using complaints Using complaints systems systems

- Locally (Factory, trade Locally (Factory, trade union, labor authorities)union, labor authorities)- BrandsBrands- MSIMSI- Jo-In Jo-In - Other Other

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ts Final discussionLessons learned

What key points from Module 1 and/or Module 2 will you take away from this seminar?

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1 joint initiative for corporate accountability and workers rights training seminar turkey 2006...

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