standard 08 f aqs

SA8000:2008 F.A.Q. – Posted January 2010

SA8000-Guidance Support Series of 30 1/26/2010

SA8000:2008 Frequently Asked Questions

I. Purpose and Scope

I.1 Purpose and Scope: What is meant by the new language in SA8000:2008

under purpose, where it says, “To . . . protect and empower all personnel within a

company’s scope of control and influence”?

This draws attention, earlier in the document, to the fact that management is responsible

to/for those working on their premises alongside direct employees and for/to those whose

work provides inputs to their final product (see also clauses 9.7 to 9.10 under

management systems in SA8000:2008).

This means that direct-hires, suppliers, subcontractors, sub-suppliers and home workers

are all covered under the SA8000 standard. This does not necessarily mean that every

sub-supplier or home worker workplace is SA8000 certified, but that the certified

organization (company) is addressing SA8000 compliance throughout its supply chain.

SA8000 requires a good faith effort by a company to exercise its control and influence

throughout its supply chain. Auditing this will require a case by case analysis, conducted

in conjunction with an analysis of the company’s complaints management (clause 9.11)

and stakeholder engagement (9.14) to ensure the company is open and responsive to

issues that may arise in their supply chain. The intent of this section, as well as the

control of supplier requirements in section 9, is the same as prior editions of SA8000.

I.2. Q: If I have a company with 100 workers and in the same facility, there is

another storage facility owned by a separate company that manages another 50

workers, do all 150 workers have to be covered by the part of the standard that

relates to working hours?

SA8000 certifies a company, so the certification applies to all the persons working on the

premises of that company and/or under the management of that company. In a case like

the one described, if there is a business relationship and/or any degree of management

overlap, the storage facility should be covered by the certification and related audits. If

the businesses are completely distinct, however, then they would need to be covered by

two distinct certifications.

II. Normative Elements

II.1. Q: Why are there no references to ILO conventions relevant for agriculture?

In the standard revision process extensive comparisons were done to various codes [for

example, that of JO-IN], and the committee also looked at the language within ILO

conventions to include those conventions most relevant. The SA8000 Guidance



Document will reference additional ILO resources. Based on field tests and research,

SA8000 has been found applicable in many types of agro-industry, particularly

plantations. The Advisory Board has considered requests to make exceptions (relaxing

certain rules) for agriculture or other industries, but to date there are no industry-specific

versions of SA8000.

II.2. Q: Does the reference to ILO Recommendation 146 in SA8000:2008 mean

that child labor (14 and under) is entirely disallowed?

The definition of child labor in SA8000 references the corresponding ILO

Recommendation 146, which outlines the care to be taken for young workers and the goal

of raising the minimum working age; see article 7:1 and 7.2. The recommendation also

refers to the possibility that a country take the ‘developing country exception’ under the

corresponding Convention 138 on Minimum Working Age, which allows countries to

permit youth labor at 14 years of age (article 2.4). We note, however, that fewer and

fewer countries seek this developing country exception. See also question FAQ IV.2

under Child Labor.

III. Definitions

III.1. Q: The Definition of a child has changed; the developing country exceptions

reference previously under ILO Convention 138 has been eliminated. What do we

consider the age of a child exactly?

The ‘developing country exception’ is still implicitly referenced in the definition of child

labor, but in keeping with ILO recommendations it is generally discouraged. Anyone

under the age of 15 is considered a child under SA8000:2008, unless national law defines

it differently (see II.2 above).

III.2. Q: Are temporary workers covered under the term personnel?

Yes, the word “personnel” was added to the new standard to clarify that all workers are

included.

III.3. Q: Is there a difference between a SA8000 worker representative and a

worker organization?

Yes, there is a significant difference. A SA8000 worker representative serves as a liaison

between management and workers to communicate about challenges and efforts to ensure

compliance with the standard. A worker organization is a group of workers that seeks

jointly to improve their working conditions. The right to bargain collectively can only be

secured by a worker organization, once that worker organization has secured

representation of a required percentage of workers (defined by national law); reference to

worker organizations and the right to collective bargaining in ILO materials are generally

understood to refer to trade unions.



III.4. Q: What is a C.B.A.?

A C.B.A. is a collective bargaining agreement that results from negotiation between a

trade union and the employer, normally enforceable in court.

IV. Child Labor

IV.1. Q: Does this section of the standard also apply to subcontractors?

Yes, it applies to subcontractors and other related entities that are within the scope and

influence of the company (see management systems clauses 9.7 through 9.10).

IV.2. Is the employment of a child under 15 considered child labor?

In most places, it is. The standard references ILO Convention 138 among the normative

elements, which allows for developing country exceptions to the minimum age of 15

(article 2.4). We note, however, that fewer and fewer countries have sought the

developing country exception and the SA8000 definition of child labor references the

corresponding ILO Recommendation 146, which outlines the care to be taken for young

workers and the goal of raising the minimum working age; see article 7:1 and 7.2

“(1) Members should take as their objective the progressive raising to 16 years of the minimum age for admission to employment or work specified in pursuance of Article 2 of the Minimum Age Convention, 1973.

(2) Where the minimum age for employment or work covered by Article 2 of the Minimum Age Convention, 1973, is still below 15 years, urgent steps should be taken to raise it to that level.”

Additionally, we note that child labor is disallowed under SA8000:2008, but the standard

is more explicit that, under specific circumstances, youth labor is permitted. This change

reflects the up take of SA8000 in primarily formal sector workplaces where special

schedules of light work for children have not been used.

IV.3. Q: Under the standard and in the case of China, is 15 or 16 years of age to be

considered a young worker for a company seeking SA8000 certification?

It is 16, because Chinese law classifies young workers as being between 16 and 18 years

old. As throughout SA8000, the requirement is as written, or the national law, whichever

is more protective of workers.

IV.4. Q: If a company has a clear policy against employing children, does it still

need to have a written policy for a remediation program even if this written

statement raises suspicion?



Yes, the company still needs to have a written policy for a remediation program if a child

is found to be working, even when mistakenly/accidentally hired. Companies can phrase

the statement in such a way that does not raise suspicion; e.g.: ‘The company is so

committed to ensuring child labor is not used, management has defined a remediation

plan in keeping with the SA8000 requirements and for use in the event such a case ever

arises.’

IV.5. Q: In Poland it is illegal and nearly impossible to employ children. Do

companies still need to have a written remediation program under the SA8000

standard?

Yes, companies still need to have a written program to get SA8000 certified. Despite

child labor being illegal in many countries, it still exists. Also, even where a country is

exceptional in protecting their own children, there may still be migrant workers’ children

at risk, etc. Such procedures, which can be very simply written, are planned in order to

cope with unintended problems.

IV.6. Q: What written procedures do we require of a company regarding

remediation of children found to be working?

In some cases, this could be a simple statement outlining what a company will do if

someone underage were found to be hired for example by using a fake i.d. or lying about

his or her age. Even if companies state that they do not hire children, they still need to

plan ahead with a procedure for remediation when children have been hired because there

is always a chance that they can accidentally hire someone who is under age. Note: The

detail in the procedure should be relevant to the level of risk of such occurrence.

IV.7. Q: Regarding a company’s duty of remediation of children found working,

what if there are no schools in the immediate area, children are not accepted by

school or the parents want the children to work?

None of these are accepted reasons for allowing child labor. If such issues exist, the

company should be in contact with the local education ministry or other child welfare

organizations, to seek a solution. See also Guidance 2004 for more information on this.

IV.8. Q: Concerning section 1.2, in SA8000:2008 it says that a company shall

establish policies and written procedures of remediation of children, while

SA8000:2001 said companies needed to have documented procedures. Is there a

difference between written and documented procedures under SA8000:2008?

The new standard states “written procedures” in order to clarify any confusion regarding

the term ‘documented procedures.’ There is no difference between written and

documented procedures.



IV.9. Q: Clause 1.3 states that young workers cannot work during night hours.

What qualifies as night hours?

Companies should refer to national law in this case. Night hours usually refer to the

hours between sunset and sunrise. Per ILO Recommendation 178 on Night Work (1990),

“the term night work means all work which is performed during a period of not less than

seven consecutive hours, including the interval from midnight to 5 a.m.”

IV.10. Q: How do you check if children are working at night, under SA8000?

Certification auditors are expected to conduct spot checks of every shift in a workplace.

Under SA8000:2008, auditors should monitor all the shifts of their younger workers and

visit worksites at night to ensure that there are no children or young workers working.

V. Forced and Compulsory Labor

V.1. Q: What is the difference between forced and compulsory labor according to

SA8000?

The terms are taken from the ILO Convention 29 on Forced Labor (1930) referenced in

the normative elements of SA8000; per C 29, article II.1: forced or compulsory labour

“means 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.” In the context

of SA8000, this includes any labor exacted under threat of physical harm and/or under

debt bondage.

V.2. Q: In India, for example, there are many companies that employ migrant

workers. If a company holds their passports and they are able to retrieve their

passports within five minutes if asked, is this an example of forced labor under the

standard?

Yes, this would be forced labor under the standard because workers who lack freedom of

mobility and cannot choose to hold their own passports. Thus the quick retrieval time is

not relevant. To avoid such dilemmas, the company should provide workers a secure

place to keep their valuables and thus not necessary for management to ‘protect’ their

passports.

V.3. Q: If workers voluntarily give their employers their passports, is this

acceptable under the standard?

No, this is not acceptable under the SA8000 standard. Verifying “voluntary” is too

difficult in this very common case; alternate security arrangements for important

documents need to be established if they do not exist. Adequate living facilities should

include some secure place for workers’ valuables.



V.4. Q: Several participants asked about what SA8000 considers a ‘voluntary’

letter.

This is not a concept acceptable within SA8000. Auditors need to rely on worker

interviews, stakeholder input and the existence of a functioning complaints system in

order to verify the voluntary nature of workers participation in overtime work or in

compliance activities relating to the standard (e.g. the SA8000 worker representative).

V.5. Q: In regards to freedom of movement, do employees have the freedom to

leave their workstation at any time to go to the toilets?

The freedom of movement clause is mainly to make explicit that workers need to be able

to leave their place of work at the end of a standard work day or shift (e.g. usually 8

hours). It is also meant to ensure that workers are not locked into their workplace and

can leave if necessary; e.g. in case of danger or threat to their person. As far as access to

bathrooms, this is really an issue for health and safety, where workers’ physical

wellbeing should be taken into account in setting such policies.

V.6. Q: Why is human trafficking referred to in section 2.4 but not directly in

section 2.2?

This is based on the drafters’ choice of organization and emphasis. All clauses are

applicable; trafficking in human beings is an egregious crime that was thought to merit a

distinct clause.

V.7. Q: Some companies have a recruitment procedure that employees cannot

leave their job until specified by the company due to the company’s payment of

their training. Some companies do something similar after sponsoring training for

workers, asking them to sign a contract to work for the company for 3 to 4 years. Is

this allowed under SA8000?

If the employee really cannot leave the job at all, this would be a version of compulsory

labor. In many cases, however, the employee risks only a bad recommendation or the

loss of future opportunities with the company if they leave their job; then these are not

cases of forced labor, as long as the employee voluntarily participated in the training and

agreed to the contract terms. If however, the training was required to secure the job; or

the workers are migrant workers with no way to return home, then this is very likely a

form of forced labor. Auditors need to analyze the situation through both worker

interviews and an analysis of the context, which may create pressures that de facto

require the workers to take the training and/or then make it impossible for them to leave

(e.g. if they have no legal status in the country and no way to return home).

With respect to training costs and the potential impact upon the termination of an

employee’s contract it should be clear that the company is responsible for all costs to be

incurred for a worker’s job related to training. Thus, the costs of such training shall not

impede or delay the worker’s departure from a company should they decide to leave and



shall in no way be tied to an obligation to pay such costs before the departure can take

place. Contracts typically specify a time period, often 30 days, during which either the

employee or employer can choose to terminate the contract upon notification of the other

party.

V.8. Q: If an employer decides to pay for an employee to obtain a master’s degree

on the condition that the employee works there for at least 3 years or the employee

must pay the employer back, is this considered forced labor?

No, this is not considered forced labor if both parties agree to the terms, which should be

in writing and clearly understood by the worker. The funds expended by the employer,

however, are similar to a loan, such that (as with any loan) both the lender and the

borrower incur risks in the undertaking. The risks to the worker cannot, however, result

in any form of compulsory labor. This means that the worker can default, risking only

what is reasonable to expect or is defined in the contract (e.g. no future recommendations

from the company).

V.9. Q: If a company makes an employee sign a resignation letter upon joining

the company, is this acceptable under SA8000?

No, this is not at all acceptable under SA8000 because this employee is being forced to

sign a letter that they do not necessarily want to sign and in many cases could be

interpreted as the employee waiving his/her rights under/to specified disciplinary

processes and procedures and legal severance payments or unemployment benefits, etc.

V.10. Q: In some cases, employers ask employees who quit to work two extra weeks

while the company finds their replacement. Is this allowed under the standard?

As long as the employer ‘asks’ and does not ‘require or force’ the employee to work

those two weeks, it is acceptable. If the employees do not voluntarily work for those

weeks, this is not in accordance with the SA8000 standard. In some countries, giving an

employer two weeks notice is common practice, but, note, this is normally part of

previously, voluntarily agreed contract terms and, in any event, pay cannot be withheld

for work already performed even if a worker leaves precipitously.

It is not uncommon, however, that a company will require a worker to stay until a

replacement for the position is found regardless of the time required, particularly with a

skilled position in a tight labor market. This is not allowed under SA8000.

V.11. Q: Under the standard, what is the meaning of a personal loan?

A personal loan with a company is when a company loans money to an individual

worker.



VI. Health and Safety

VI.1. Q: Can an auditor skip the health and safety portion of the standard if the

inspected company is OSHAS 18001 certified?

No, an auditor cannot skip the health and safety portion of the standard despite the

overlap with OSHAS 18001. If a company is OSHAS 18001 certified, it might take an

auditor less time to audit the company, provided the auditor has access to all relevant

OSHAS documentation. For a company to be SA8000 certified, the auditor needs to

verify the company meets all the requirements of SA8000.

VI.2. Q: What are the requirements of accident records under SA8000?

At the minimum, accident records require the reason, cause, nature of accident, time, and

name of person(s) involved in the accident. Further additions to the accident records are

on a case by case basis.

VI.3. Q: Does the SA8000 standard distinguish between an incident and an

accident?

No, the standard does not distinguish between an incident and an accident. It is important

to keep track of all safety problems.

VI.4. Q: Should hazard analysis be documented to be SA8000 certified?

To be SA8000 certified, a hazard analysis should be performed and documented.

VI.5. Q: Concerning section 3.3, the standard states that a company shall provide

to personnel on a regular basis effective health and safety instruction. This section

does not mention training. Is training part of this instruction in the standard?

Yes, the health and safety instruction is a broader term, meant to include training as well

as ongoing instruction. The concept is in line with the intent of the standard on health

and safety: it is management’s responsibility to ensure precautionary measures are taken

at all times. In many cases, regularly scheduled training may not be sufficient due to

accidents, new technology, new personnel and elevated risk.

VI.6. Q: How frequently should a company provide health and safety training as

required in 3.3?

Training needs to be effective and the amount defined according to the situation and

individuals involved. At the very least, in both SA8000:2001 and SA8000: 2008, annual

training is required for permanent workers, and more frequent training for seasonal

workers.

VI.7. Q: Should these instructions be written instructions?



In virtually all cases, yes, these instructions should be written instructions – in the

language of workers – for the company to be SA8000 certified. Most importantly,

workers should be able to explain to the auditors what the instructions are telling them to

do and how they are to do it.

VI.8. Q: Is it acceptable for workers just to read the instructions?

No, this is unacceptable. The on-site instructions should be provided in a formal

communication process in which the instructions are repeated and the workers fully

understand effective health and safety procedures. Often it is necessary and desirable for

the company to conduct actual drills to reinforce the learning of workers and allow them

the opportunity to put such procedures into practice.

VI.9. Q: The standard states that instructions shall be repeated for new and

reassigned personnel and in cases where accidents have occurred. Under the

standard, should these instructions be repeated to the person involved in the

accident or to all workers?

These instructions should be repeated to all workers (at risk for the same accident) for a

company to be SA8000 certified. This will help avoid recurrence.

VI.10. Q: In regards to section 3.4, in the case of India, some companies provide

housing for their employees and this could include upwards of 10,000 homes. Does

the company have an obligation to monitor all accidents in these homes?

Yes, in order to be SA8000 certified, the company should track any accidents that occur

within housing it provides. Again, this will enable management to minimize or eliminate

recurrences by identifying causes and trends. (Note: it is important to distinguish here

between housing provided by the company and housing given to workers by the

company. Once the workers own the housing, the company is no longer in charge of the

housing conditions and therefore is not expected to monitor accidents there.)

VI.11. Q: Is the personal protective equipment listed in section 3.5 meant to be

provided free of charge to workers?

Yes, all personal protective equipment is free to all workers.

VI.12. Q: If a contractor provides the personal protective equipment for the

workers, is the company still liable for what happens with the equipment under the

SA8000 standard?

Yes, the company is still held responsible for the personal protective equipment, of both

contracted and direct employees, under the SA8000 standard. The company must ensure

that workers wear their protective equipment.



VI.13. Q: How much medical treatment is necessary to give to a worker to be

SA8000 certified?

At the very minimum, first aid assistance should be provided. Follow-up medical

treatment for an accident should also be provided. Long term medical treatment might be

necessary if a serious injury occurs at the workplace.

VI.14. Q: The standard describes that companies must assist workers with their

follow-up treatment. To what extent should company assist in this follow-up

treatment to be SA8000 certified?

There is no firm definition in the standard as to what extent the company should assist

with follow up treatment. The company should assist to the extent appropriate for the

specific situation of the worker.

VI.15. Q: In regards to 3.6, why is it necessary to assess all risks to new and

expectant mothers when most companies already assess risks for all their workers?

To be certified to the SA8000 standard, the company needs to complete a risk analysis for

new and expectant mothers because: a) expectant mothers may be less able to do heavy

lifting or remain standing for long periods of time and exposure to certain chemicals may

be more dangerous for the development of the fetus than for adult workers; and b) such

an assessment also helps demonstrate that an employer is supportive of keeping these

women employed with the company.

VI.16. Q: What qualifies as a new mother and an expectant mother?

A new mother is a woman who has given birth or adopted a baby within the past 6

months; an expectant mother is a woman who is pregnant.

VI.17. Q: If an employment agency, not connected to the company, provides

dormitories for workers, what should a company do in that case?

The company needs to ensure that any housing which the company finances/arranges,

directly or indirectly, for its employees is safe and adequate. Auditors need to inspect

and verify this.

VI.18. Q: Concerning section 3.9, the standard states all personnel shall have the

right to remove themselves from imminent serious danger without seeking

permission from the company. Under the standard, does “all personnel” refer to all

workers?

Yes, “all personnel” refers to all workers, managers, and subcontractors on the premises.

VI.19. Q: In countries such as Morocco, the freedom of movement of women

workers is restricted. They have to be back at their dormitory at nightfall, if not



they have to sleep outside. Management has stated that this is for the workers’ own

protection, as there seems to be a risk of prostitution in the area. Is this compatible

with SA8000?

The company can and should ensure workers’ security, but cannot control what workers

do in their free time. Also, it is worth noting the contradiction here: if the company is

concerned about workers’ security, why do they make them sleep outside if they are not

back by a certain time?

VII. Freedom of Association & the Right to Collective Bargaining

VII.1. Q: Can international consultants mandated by retailers give workers an

overview about their options to organize when this information is not available to

workers, or would this be a violation of freedom of association according to

SA8000?

It is desirable for workers to be informed as to their rights. It is not compliant with

SA8000 for the company to arrange for such information to be provided in a biased

manner. This information needs to be presented in an objective way, which ensures

management does not seek to influence workers’ choice. To that end, transparency of the

presentation is important. If the employer presents or invites in presenters on this subject

(even if it is at the behest of international buyers) the company needs to recognize that

there is potential for this to be misconstrued as ‘influencing’ workers. Employers need to

ensure any message around these issues, in no way influences workers’ decisions.

VII.2. Q: In Pakistan, it is normal for management to facilitate workers to organize

and have elections. From an auditor’s point of view, would this raise a problem?

Management interference in workers’ organizing and their decisions about collective

representation violates ILO conventions (see Guidance 2004). In SA8000:2008 this is

clearly stated. In previous versions of SA8000, managers were asked to facilitate ‘parallel

means’ where workers’ rights to freedom of association was restricted by law, but this

was only applicable to certain countries, never in Pakistan. This clause was never meant

to mean the employer was to organize workers (see also SA8000 Guidance 2004).

In some countries, however, local law may require management to establish a worker

welfare committee or health and safety committee. These committees are not a

replacement for worker organizations, which then engage in collective representation and

collective bargaining. These committees are formed in order to work on specific issues

with management, not to bargain collectively (see also next question).

VII.3. Q: If workers elect a group of people to be on a committee that serves as a

liaison between management and the workers, can this committee act as a trade

union?



No. A trade union has specific, defined, characteristics under national law. The

committee can perform/serve other functions, but cannot fulfill the collective

representation functions of a trade union, such as the negotiation of a legally binding

contract covering wage and hour terms.

VII.6. Q: In SA8000:2001, the standard stated that companies must respect the

right of workers to form trade unions while SA8000:2008 states that companies

should effectively inform workers they are free to join unions. Why did this change

happen?

It is a clarification, in line with other changes in the standard where the requirements

enable auditors to look for positive evidence of compliance. Also, in many countries

where workers have previously been harassed or discriminated against for joining a trade

union, management may need to reassure workers of their intent to respect these rights.

VIII. Discrimination

VIII.1. Q: Concerning 5.1 and 5.2 of the standard, how should a company fix a

problem with a pattern of discrimination if there is no evidence of discrimination in

the workplace? For example, if there are no women in high positions, but there are

women in every other position?

The company should try to change this dynamic and question why there are no women in

high positions. A best practice on this, for example, is to establish goals and plans for

diversity in all job categories. In addition, ensuring equal opportunity requires equal

access to training and non-discriminatory job descriptions. This also relates, in a way, to

9.1 of the standard, which states that companies should display the requirements of the

SA8000 standard. For further information, refer to 9.1 of SA8000:2008.

VIII.2. Q: Should a company trying to get SA8000 certified have a written

discrimination policy?

Yes, a company should have a written anti-discrimination policy that can be passed on to

workers so that they understand the company’s stance on discrimination. This policy can

also be a part of the broader SA8000 policy.

VIII.3. Q: If female workers earn 20% more than their male workers in a

company, is this a form of discrimination under the standard?

It depends on: 1) the type of work performed; and 2) the policy to ensure equal access to

all jobs by all employees. Per the reference to ILO Convention 100, SA8000 requires

employers follow the principle of equal pay for equal work. Also, the company’s

management systems and SA80000 policy should – where discrimination is entrenched

traditionally – enable all workers access to all types of jobs, regardless of their personal

characteristics.



VIII.4. Q: What does “family responsibilities” mean in the context of

discrimination under the SA8000 standard?

In some countries, employers believe that workers with a family – primarily with children

– are not going to work as hard as their single or non-parenting peers. An example of this

type of discrimination would be if a worker were penalized for having to go home to take

care of his/her sick parent or child.

VIII.5. Q: Up to which date should an employee inform her employer of her

pregnancy status?

This is up to the worker. Note, with regard to clause 3.6 above, the protection of

expectant mothers cannot require women to submit to pregnancy testing. If workers

understand the precautions are for their own good and they are confident they will not be

fired or demoted, then they’ll be more likely to inform their employer in a timely manner.

VIII.6. Q: If a company defines production bonuses based on attendance, and

maternity leave is counted as an absence even when it is required by national law,

could this be considered sexual discrimination?

In some countries, national law allows for maternity leave absences, deeming them

compulsory and a right of the mother, and requiring the company to continue paying all

or a portion of the mother’s normal compensation during that time. Thus, production

bonuses based on attendance should be continued as well.

The SAI-AB committee noted that maternity leave is different from other forms of leave

because it is something that can only correspond to women. To not allow for maternity

leave (by additional reductions to women’s compensation during that time) would thus

constitute a form of discrimination.

In any case, auditors and employers will need to consider this issue on a country by

country basis and ensure they follow national law and benchmark their policies against

industry standards or collective bargaining agreements in the sector.

VIII.7. Q: Would a company requiring employees to be tested for HIV, be a form

of discrimination under the standard? What if it is government mandated to do

HIV, pregnancy or other testing? What if all workers agree to take a Hepatitis B

test?

Requiring any such personal tests would be discriminatory unless: a) it is mandated by

law; or b) the information is necessary to protect other workers or clients. If mandatory,

HIV testing might not be considered discriminatory, if: a) the information is handled

according to government requirements; b) results are kept confidential; and c) workers

are not discriminated against as a result.



VIII.8. Q: Under the standard, should an auditor check a company’s

advertisements to hire personnel as a safeguard against discrimination?

Yes, auditors should check a company’s advertisement to hire personnel to ensure only

requirements related to the ability to perform the job are included. For example, specific

skills are appropriate requirements, but specific age spans are not.

IX. Disciplinary Practices

IX.1. Q: Disciplinary fines are permitted in SA8000:2008 in some cases. If there is

no collective bargaining agreement in place, but national law allows it and the union

members on the premises don’t object, can a company have a disciplinary fines

policy?

No. Disciplinary fines are only permitted in cases where they are permitted under a

defined set of circumstances, as outlined in national law AND a freely negotiated

collective bargaining agreement.

X. Working Hours

X.1. Q: In regards to working hours, what are the key differences between the 2001

version of the 2008 version of SA8000?

See the drafter’s notes available on the SAI website and the side by side comparison of

SA8000:2001 and SA8000:2008, also available on SAI’s website.

X.2. Q: If workers do not clock in and out for their hours but they come to work

every week, can a company with this system be SA8000 certified?

If there is no way to confirm that the number of working hours complies with the

requirements, this company cannot be SA8000 certified.

X.3. Q: Normally, staff works overtime in many workplaces. Does a company

seeking SA8000 certification need to check how much overtime the workers are

doing and the proper compensation for that time?

Yes, the company should check both how much time is overtime and the proper

compensation (at a premium rate) needs to be paid in order to be SA8000 certified. Note:

overtime hours must be: a) limited; b) voluntary; and c) compensated at a premium rate.

X.4. Q: If a country’s law allows workers to work for over 48 hours per week, could

a company that follows this law be SA8000 certified?



Only if the hours in the week over 48 are voluntary over time, compensated at a premium

rate and limited to 12 hours per week.

X.5. Q: Under what circumstances can a worker work overtime for more than 12

hours per week in an SA8000 certified facility?

This is not permitted; even the work time averaging permitted under the exception in 7.2

is restrained by the overall limit on overtime defined in 7.3.

X.6. Q: If the exception to 7.2 applies, are there limits of regular and overtime

hours per week? Or number of weeks that can be averaged together?

SA8000 clauses 7.1 and 7.3 limit working time to a maximum regular working week of

48 hours plus 12 hours overtime per week. The exception in 7.2 is only providing

flexibility on whether or not workers will work more than six days in a row without a day

off. In these cases, auditors will need to verify that the collective bargaining agreement

and national law allow for whatever exceptions are taken.

X.7. Q: SA8000:2008 refers to ILO convention 1, which places the limit of the

working day to 8 hours per day, however such hour limit is not mentioned anywhere

in the standard. Is there no limit on daily normal duration of work under SA8000?

This is not explicit in SA8000, but it is often mandated by national law. SA8000 only

places an explicit limit on the standard work week not exceeding 48 hours, with at least

one day off after every six days worked and a maximum of 12 hours of voluntary

overtime.

X.8. Q: Do the limits on working hours and overtime under the SA8000 standard

apply to managers? Are managers entitled to overtime pay?

Working hour limits, as well as overtime benefits, applies to managers who have a

contract with defined working hours. A manager of the company, responsible for setting

his or her work schedule and hours, is not necessarily subject to the limits of working

hours set by the standard. In general, the understanding is that working hour limits do not

necessarily apply to a manager who is significantly responsible for setting his or her

work schedule and hours. SAI does strongly recommend however, that even these

managers be encouraged to limit their hours and that appropriate management systems be

put in place to help measure (and demonstrate) the productivity benefits of these limits.

[See also forthcoming definition and SAAS advisory for a definition of the exempted

managers.]

X.9. Q: Concerning section 7.2, in the SA8000 2001 standard, workers had to

have one day off in seven. Has this changed in the SA8000 2008 standard?

The language has changed to make it clearer, but the intent is the same. Section 7.2 of

the 2008 SA8000 standard says that personnel shall be provided with at least one day off



following every six consecutive days of working. Some employers were asking workers

to work 12 days straight, instead of ensuring workers had one day off every seventh day.

Exceptions to this rule apply only where both of the following conditions exist: a)

National law allows work time exceeding this limit, and b) A freely negotiated collective

bargaining agreement is in force that allows work time averaging, including adequate rest

periods.

X.10. Q: If a worker chooses to work 12 days straight, and take 2 days off, do those

days off have to be in the home?

No, that is not for anyone except the worker to decide. However, 12 consecutive days is

generally not permitted unless both criteria under 7.2 are met. In the standard, there is no

explicit language saying that the worker must take their days off in their home.

X.11. Q: If a worker works for 6 days and takes his/her rest day as a day “on-call”,

is this allowed under the standard?

An “on-call” day does not qualify as a day off.

X.12. Q: Many drivers spend weeks driving and most have 8 to 10 hour rest stops

during those weeks. Are these rest stops considered part of overtime under the

SA8000 standard?

Rest stops are not considered part of working hours. Thus, these rest stops would not be

part of a worker’s overtime hours.

X.13. Q: If there is both a negotiated collective bargaining agreement and national

law in place, regarding working hours, which situation takes precedence?

In such situations, the national labor courts have jurisprudence. In general, for SA8000,

whichever conditions are in the best interests of the worker should be followed/provided

by the employer.

X.14. Q: What about workers in the oil industry that work 12 hours per day

during two weeks, after which they receive 2 weeks off, including other vacation

periods throughout the year? If we take into account the time worked during the

month?

As noted in X.6. above, the added flexibility in 7.2 is limited by the maximum number of

regular working hours and overtime hours defined in clauses 7.1 and 7.3. There are some

industry standards which allow for greater flexibility, such as the ILO Maritime

Convention; SAI is considering such an extension of the standard, but it does not exist

yet. It is worth re-stating: work-time averaging is only permitted within the structure of

national law and if there is a collective bargaining agreement in place defining the terms

of such averaging. Any time such averaging is agreed upon, however, auditors need to

increase their attention during the audit to: 1) workers’ rights to freedom of association



and collective bargaining (e.g. ensure the union and workers have been free of employer

influence or interference); and 2) workers’ occupational safety and health is not

compromised as a result of the working hours agreement (this includes ensuring adequate

breaks).

X.15. Q: In Lithuania and some surrounding countries, working 12 or 14 hours,

two or three days a week and then having a rest day is allowed by national law.

What would qualify as overtime per day in this case?

SA8000 does not specify what overtime should be on a daily basis; it expresses overtime

in weekly terms. Overtime shall not exceed 12 hours per week. The question here is

whether overtime applies; this gets to the heart of overtime hour averaging. One day of

16 hours and two days of 8 hours could be considered by some to be equal when they are

not. Normally a regular work day is defined in the law to determine when overtime

begins. In some North African countries, the law allows payment of overtime ONLY

when the monthly allowance for working hours is exceeded; this would not be acceptable

under SA8000.

X.16. Q: Are companies with flexible working hours agreed upon through collective

bargaining (e.g. hour banking, compensatory rests) in violation of paying overtime

hours at a premium rate?

No, because collective bargaining has defined a compensation for this flexibility in terms

of: additional compensatory rests, additional personal freedoms in relation to working

hour bonds or both. It is important to note, however, that when workers are given time

off in exchange for overtime worked, that time off must still be given at a premium rate.

X.17. Q: In Italy, there is a national contract that permits workers to work over the

amount of hours permitted by SA8000, but the contract is not a law. Does this

contract still apply to 7.2 of the standard?

This particular case in Italy and this national contract needs to be explored by the

Drafters of SA8000:2008 and the Italian trade unions to determine if any collective

bargaining agreements have permitted such exceptions.

X.18. Q: In Bolivia, many security guards work as subcontractors 7 days a week for

60 hours a week. The guards voluntarily work the extra 12 hours a week and they

usually do not have a trade union. Would this be a violation of the standard?

Yes, because they are not covered by a collective bargaining agreement made through a

trade union; also there is no mention of national law permitting such a contract.

X.19. Q: In Sri Lanka, by law, female and younger workers have restrictions on the

amount of overtime hours they can work; 14 hours per week. Male workers do not

have these restrictions under the law. In this case, can this company still be SA8000

certified?



SA8000 maximum overtime is less than that of the law, so the SA8000 limit applies, and

it applies to all workers. In this case, the discriminatory rules for male and female

workers do not matter. Thus, a company following the 14 hour system doesn’t qualify for

SA8000 certification.

X.20. Q: Concerning section 7.4, how frequent are cases where overtime work is

needed in order to meet ‘exceptional, short-term’ business demands under the

standard?

It is important to note that the phrase refers to exceptional, short-term cases and that it is

referring to cases where overtime can be required. In the majority of cases, overtime

should be voluntary; and thus the exceptional, short-term cases where overtime must be

required should be rare. Because in most cases, a production rush is seasonal and can be

planned for; with proper planning and premium rate compensation for the overtime

hours, there should be sufficient incentives to entice enough workers to seek the overtime

hours in most cases.

X.21. Q: In China, there is a waiver that allows workers to work over 36 overtime

hours per week during the high season demand. Would a company using this

waiver be able to be SA8000 certified?

No, a company using this waiver would be unable to get SA8000 certified because this

type of labor would be considered excessive overtime.

X.22. Q: In Romania, the normal work week is 40 hours per week. Some sectors

allow people to work during peak season for 10 hours per day, for a total of 50

hours per week. Would this schedule be acceptable under the SA8000 standard?

All overtime must be: voluntary, limited, and compensated at a premium rate.

X.23. Q: If a company has workers with a collective bargaining agreement in

conjunction with a trade union that says that 36 hours overtime per week during

peak season is acceptable, would this company still be able to get SA8000 certified?

SA8000:2008 continues to limit the maximum number of overtime hours per week to 12.

XI. Remuneration

XI.1. Q: What is the difference between SA8000:2001 and the new version with

respect to living wages vs. basic needs wage?

There is no substantive difference. The new wording states that personnel have the right

to a living wage which meets their basic needs.



XI.2. Q: If workers agree, in a collective bargaining agreement, to a wage that is

much lower than the normal living wage, is this acceptable under the SA8000

standard?

Provided the wage is not below the legal minimum or industry standard wage, this might

be acceptable but it is highly unlikely and should be reported to SAAS for review. If this

wage is significantly below the industry standard or minimum wage, the auditors should

verify that workers’ rights to freedom of association and collective bargaining are not

being compromised or falsified in some way.

XI.3. Q: Can the legal minimum wage take the place of a living wage?

It is possible for a minimum wage to equal the living wage, but it is rare and it cannot

negate the need for employers and auditors to assess workers’ needs and the adequacy of

the wage.

XI.4. Q: If the basic needs wage is higher than the minimum wage for the employee,

which wage should a company follow to be SA8000 certified?

As noted above, when legal compliance or the SA8000 standard is the minimum, the

higher of the two prevails. A company needs to pay, or have a plan to increase wages to

be equal with (per Guidance 2004), the basic needs wage for a regular work week to earn

SA8000 certification. In the majority of cases, the basic living wage will be higher than

the legal minimum wage.

XI.7. Q: If an independent employment company handles workers’ contracts, what

role does the company being certified play with regard to the contracts?

The certified facility is responsible for ensuring these contracts are in line with SA8000

and that the workers are managed in line with the standard. See also control of suppliers

under Management Systems in the SA8000 standard. The company should also verify

that consecutive short term contracts are not used in order to evade other obligations that

correspond to legal benefits due to workers or the SA8000 standard.

XI.8. Q: In countries where a premium rate for overtime is not regulated by law or

a collective bargaining agreement, what rate should a company use? Is there a

common international rate?

SA8000:2008 states that where a premium rate is not defined by law or a collective

bargaining agreement, workers are to be compensated for overtime “at a premium rate

that is greater than or equal to prevailing industry standards, whichever is more favorable

to workers’ interests.” In some industries or countries, negotiated collective bargaining

agreements have established premium overtime rates, which in turn define prevailing

industry standards where there is no national overtime rate. There is no common

international rate for overtime and SA8000 does not define a specific premium rate.



Instead, the SA8000 normative elements direct employers to adhere to national law or

prevailing industry standards, whichever is most favoable to workers.

XI.9. Q: Are managers entitled to get overtime pay?

Overtime benefits (and working hour limits) apply to all managers who have a contract

with defined working hours. Managers of the company, responsible for setting their

work schedule and hours, are not necessarily subject to the limits on working hours set by

the standard. In some countries, like Malaysia, national law says managers are not

entitled to overtime pay, but it does not forbid it. Thus an SA8000 certified facility can

provide those benefits for managers as well.

XI.10. Q: What criteria must be adopted to prove if a company is using

“consecutive short term contracts,” if it is not specified in national law?

It is necessary to know the number of contracts issued by a company within a one to three

year period, and the number of short term contracts in comparison to permanent

contracts, as well as the length of time between contracts to verify whether or not that

company is willing to pay days when there is no work. Most importantly, auditors need

to know what benefits workers accumulate over time in terms of insurance, severance or

seniority; if these are compromised by short-term contracts, then the company cannot be

certified.

XI.11. Q: In Italy, it is legally possible to have consecutive short-term contracts that

can be used for up to 3 years. Does this comply with clause 8.5?

This might be acceptable if: 1) the law allows for this; and 2) workers still receive social

security, retain their right to gain seniority, accumulate vacation and sick days, join a

trade union and access all other benefits – and the contracts are not used for

discriminatory purposes. In most places, this is not the case and thus it is likely that

employers are using consecutive short-term contracts in order to “avoid fulfilling its

obligations to personnel under applicable laws pertaining to labor and social security

legislation and regulations.” This is then not in conformance with SA8000 clause 8.5.

XI.12. Q: Is there any exception for people working in the food industry with

regards to deducting wages for properly packaged goods under the SA8000

standard?

No, there is not an exception under the SA8000 standard for workers in the food industry.

The standard states that a company shall ensure that deductions from wages are not made

for disciplinary purposes.

XI.13. Q: Under the SA8000 standard, can a company deduct a performance bonus

from a poorly performing worker if that allowance is considered a bonus?



Three points auditors should consider here: 1) Performance bonuses should not be

calculated as part of the base wage, which on its own should equal a living wage. 2) The

terms for earning a performance bonus should be clearly outlined in workers’ contracts

and understood by workers. 3) The payment or non-payment of performance bonuses

should be determined according to objective criteria and not influenced by any

discrimination by management.

XII. Management Systems

XII.1. Q: Concerning 9.1, can a company have something similar to a code of

conduct but not necessarily in those exact words?

This requirement is about the company having a social accountability policy, which is

displayed along with the SA8000 standard. In most cases SA8000 would be considered

similar to a code of conduct. The policy statement is different; it is more about the

process and systems in place in that particular facility for ensuring compliance with the

standard.

XII.2. Q: Concerning 9.1, which states that management must continually improve,

does the company need a document saying that it will continually improve to be

SA8000 certified?

No, they do not need a written document but visible signs of improvement are necessary

to maintain SA8000 certification over time. This progress should also be tracked and

documented over time through the company’s management systems for internal reviews,

preventive and corrective actions, etc.

XII.3. Q: Concerning 9.1, part E, why was “upon request” added?

Upon request was added so that if interested parties want to see a social policy, they can

see it and review it. Furthermore, this was also included to address the needs of

stakeholders who might also want to see the social accountability policy. An SA8000

certification is a proud achievement for any company and should be displayed publicly.

XII.4. Q: Concerning section 9.1E, a company must make its policy publicly

available in an effective form and manner to interested parties, upon request.

Under the new standard, what is the definition of publicly available?

Company policy should be available to anyone who asks for it – to workers and anyone

both inside and outside the workplace.

XII.5. Q: If you have 20 or 30 employees of different nationalities, do you need to

have the company’s policy toward social accountability in all 20 or 30 native

languages of the employees to be SA8000 certified?



Their “own” language refers to a language that the worker can easily understand in both

verbal and written form. The policy and other key documents, such as procedures and

work instructions, need to be accessible and easily understood by all workers in the

facility.

XII.6. Q: Concerning section 9.3, can the SA8000 representative substitute for a

trade union under the standard?

No, absolutely not. SA8000 worker representative can never substitute for the role of a

trade union.

XII.7 Q: Is there a difference between a SA8000 worker representative and a

worker organization?

Yes, there is a significant difference. An SA8000 worker representative serves as a

liaison between management and workers to communicate about challenges and efforts to

ensure compliance with the standard. A worker organization is a group of workers that

seeks jointly to improve their working conditions. The right to bargain collectively can

only be secured by a worker organization, once that worker organization has secured

representation of a required percentage of workers (defined by national law); reference to

worker organizations and the right to collective bargaining in ILO materials are generally

understood to refer to trade unions.

XII.8. Q: How many SA8000 worker representatives should there be?

The workers themselves are the only ones to determine who and how many

representatives they elect to represent them in matters related to the SA8000 standard

worker representative. The company should not select the worker representative/s nor

should it set up a committee for workers to represent themselves or seek to influence

workers’ choice in any way.

XII.9. Q: Is it possible to have two worker representatives?

Yes, this is possible if the workers choose to have two representatives. The new standard

emphasizes the freedom of the workers’ choice.

XII.10. Q: In a company that has a trade union representative, is it

mandatory that this representative become the SA8000 representative under the

standard?

It is up to the union to fulfill this function or determine how to fulfill it. The union may

decide with management that the SA8000 worker representative functions be covered

within the normal trade union representation activities. Or they may decide to convene a

company wide election to fill the seat. Whatever the decision, it is up to the elected

worker representatives and management cannot interfere (per Conventions 87 and 98).



If there is a trade union in place, and management proceeds to consult the workforce

directly, instead of through the trade union, about how to fill the functions of the SA8000

worker representative, then management will be seen as initiating a secondary

representation structure, possibly in competition with the trade union.

XII.11. Q: Can the SA8000 worker representative be a manager?

No, the SA8000 worker representative can not be a manager. The worker representative

must be part of the general working population. The SA8000 worker representative

serves as a liaison between workers and management.

XII.12. Q: Can a secretary or office worker be a SA8000 worker representative?

Yes, they can be the worker representative. The SA8000 worker representative can be

anyone from the ranks of workers.

XII.13. Q: Is there a minimum percentage of workers necessary to elect the SA8000

worker representative?

Under the SA8000 standard, there is no defined percentage of workers necessary to elect

a SA8000 worker representative. Level of participation in the election of the worker

representative is on a case by case basis.

XII.14. Q: How often should workers re-elect the SA8000 worker representative?

There are no requirements for the re-election of the SA8000 worker representative, but

there should be some way for reflecting the changing opinions of workers over time.

Ultimately, it will be up to the workers to define these structures.

XII.15. Q: Could the SA8000 worker representative be re-elected the same

frequency as a trade union chairman?

Yes, this would be acceptable under the SA8000 standard.

XII.16. Q: What if workers elect more than 1 representative and an “SA8000

worker representative committee” results?

Such a committee – if it is formed through workers’ own initiative – is permissible, but it

is not a substitute for a trade union nor should it be perceived to be one by management.

Primarily, this means that the committee cannot negotiate wage and hour terms with the

employer, nor receive financing from the company.

The company must have a clear policy on workers’ right to organize as permitted by

national law. Workers are not required to have a trade union, but it is required that they

are aware that they have the right to join or form one. Such policy must be effectively

communicated to all workers employed by such company and workers must have access



to relevant trade union representatives in their sector. It is management’s responsibility

to communicate this effectively (per 4.1).

XII.17. Q: If workers have a worker representative for example, in health and

safety, is an SA8000 representative still necessary under the standard?

If the workers decide not to have an SA8000 representative, then this is acceptable. As

stated before, however, if workers choose not to have a SA8000 representative, that may

well signal deeper problems within the company in terms of realizing their rights,

grievance mechanisms, communications, etc.

XII.18. Q: In regards to the election of worker representatives, does SA8000

require management to: 1- Allow candidates to post notices during election

campaigns, 2-provide time for workers to participate in the election proceedings

without loss of pay, and 3-provide a facility to carry out the elections?

All three are reasonable to expect as evidence that the company is fulfilling the

requirement to ‘allow workers to elect a SA8000 worker representative.’

XII.19. Q: What if there is more than 1 union at a certified facility?

When SA8000 refers to the union fulfilling the functioning of the worker representative,

it refers to a representative union. National law usually establishes how the

representation of multiple unions is to be structured.

XII.20. Q: If a trade union has a majority in a company but only 35% of workers

belong to a single union, how does this company select a SA8000 worker

representative and how many representatives should this company have?

There is no exact formula for this situation. The workers could elect representatives from

each union or have one single representative that all workers agree upon. This situation

should be decided by the workers and their elected representatives. Management need

only demonstrate that they have provided the space/time and opportunity for workers to

make these decisions.

XII.21. Q: In Italy and other countries, there are two levels of trade unions, one of

which is chosen by territory. Can an SA8000 worker representative be chosen from

this territorial union?

No, because the representative must work at the workplace. The regional or “macro”

union, should however be able to speak with the workers at the workplace, as part of the

company’s compliance with clause 4.1 and 4.3, especially where they have a broad

representational function such as this.



XII.22. Q: In India, a company can have employees from 20 to 30 trade unions,

controlled at the national level. How does the company decide which trade union

gets to elect an SA8000 representative?

It is the workers’ choice whom they select as their worker representative, and such

worker representative should be a worker at the facility and not from a national level

office of a recognized branch of a trade union.

XII.23. Q: What if workers request an external person, someone who does not work

in the office as their SA8000 representative?

If workers choose to have a SA8000 representative, then workers must elect their

SA8000 representative from their peers – as long as that person works within their

facility.

XII.24. Q: What if the facility has multiple sites and many workers at each?

It is up to the workers to decide how they want to organize the position of the SA8000

worker representative. The standard does not forbid multiple representatives.

XII.25. Q: Should a small company with workers belonging to different unions, but

with no union representatives at the company, be considered unionized? In this

case, may the SA8000 worker representative be directly elected by workers (union

and non-union workers)?

A representative union is understood as a union that has sufficient members in the facility

to have acquired collective bargaining rights according to national law. In some cases,

multiple unions may have secured these rights and then national law usually indicates

how those unions are to work together (e.g. either ceding to the largest union or co-

negotiating the collective bargaining agreement). In those cases, it is up to the unions to

fill the SA8000 worker representative function or set it up for a vote among all workers.

XII.26. Q: Should a company, where only a small part of the workforce is unionized

and has elected an SA8000 worker representative, allow the majority of workers

(not members of any union) to elect additional SA8000 worker representatives?

No, this is not allowed for the same reasons expressed in the question above.

XII.27. Q: When there is more than one union representative in a company, and for

reasons concerning conflicts between unions, an agreement is not found regarding

the choice of the workers elected to be the SA8000 worker representative, should

management allow all union representatives to take part in the periodical control of

SA8000 audits?

When there is no SA8000 worker representative, best practice is for the company to

include all the union representatives in the auditing process. Where this is not tenable,



due to the number of unions present, management will need to negotiate a more practical

solution with the workers.

XII.28. Q: In Lithuania, some companies have no unions and workers do not want

to elect a SA8000 representative because they feel the company already has very

open communication despite the company suggesting that they elect a

representative. Could a company still get SA8000 certified if workers choose not to

elect a representative?

Yes, but auditors will be expected to check and report back why such a situation does not

indicate communications or other problems within the workplace.

XII.29. Q: In Morocco, there are large citrus plantations that are made up of day

workers who do not have an SA8000 representative. Is this acceptable under the

new standard?

No. The day workers need to be trained to understand the SA8000 standard and have

equal access to the services of the SA8000 representative, as would any other worker on

the premises.

XII.30. Q: What if a company has no SA8000 worker representative and no trade

union, but the employees can freely negotiate collective bargaining agreements with

management. Could a company be SA8000 certified under these conditions?

No. The right to collective bargaining is defined by law and acquired by a trade union

once it has met certain requirements (e.g. having a certain percentage of the workforce

signed on as formal members of the union). Free or open negotiations of contracts is not

the same thing as exercising the right to collective bargaining.

XII.31. Q: In the example of a factory where workers are not organized collectively

prior to SA8000 implementation, there is no independent trade union active in their

sector and/or freedom of association is restricted in their country. An SA8000

worker representative is elected and workers decide they would like to bargain

collectively with management, asking their elected SA8000 representative to conduct

the negotiations. Is this permitted under the SA8000 standard?

No. This is a direct violation of SA8000:2008 clause 9.3. The last sentence explicitly

prohibits the SA8000 worker representative from fulfilling the role of trade union

representation. In countries where freedom of association is restricted by law, companies

are still required to allow workers to organize, but management cannot then prescribe or

even recommend how workers structure that organizing (e.g. by building on a

management systems mechanism such as the SA8000 worker representative).

XII.32. Q: In section 9.4 of SA8000:2008, it states that the SA8000 representative

should attend the management review. Does this representative need to be involved

in every aspect of management meetings?



The worker representative should participate in the review, but the representative does

not need to be involved in every aspect of management meetings.

XII.33. Q: For the management review, what items are considered inputs and

outputs?

Inputs could be internal audits, worker representative, customer compliance, NGOs, key

process indicators, etc. Outputs could be plans, strategies, activities, time frames, etc.

XII.34. Q: Should companies communicate discussions at the management reviews

to all workers?

The main results should be reported back to all workers, through the worker

representative, as well as other possible avenues for communications

XII.35. Q: How far does a first-tier supplier need to go in order to make a

reasonable effort to ensure that sub-suppliers meet SA8000? How far must their

“sphere of control and influence” extend?

As a first step, all suppliers must provide the company with a written statement that

expresses the supplier’s commitment to conform to SA8000 requirements. The company

can include such a clause in its purchasing contracts and ask that suppliers provide a

written commitment that they will require the same of their sub-suppliers. In addition,

suppliers and sub-suppliers should identify the root causes of possible non-conformances

with SA8000, repair them and implement a plan to prevent such from happening in the

future, as well as inform the customer company on the steps they have taken to put this

three-part plan in effect. SAI recognizes that the degree of control suppliers can have

over sub-suppliers may at times be limited. However, through steps described above, the

supplier can demonstrate to the company that it makes a reasonable effort to adhere to

SA8000 and asks that their sub-suppliers do the same.

XII.36. Q: What if a few field suppliers, critical to the company, do not fully follow

the SA8000 standard, what should the company do?

Citing 9.8 of SA8000:2008, the company should try to ensure that these field suppliers

take steps towards meeting the SA8000 standard. Section 9.9 of SA8000:2008 also

applies. Thus the company must make a good faith effort, within its scope of influence.

Over time, a certified company would be likely to seek out better performing suppliers.

XII.37. Q: Do subcontractors need to be visited and checked by auditors?

As in the previous standard, the company is responsible for checking up on

subcontractors. It is not within the purview of the auditor to check on a supplier but rather

to assure that such checks are made adequately by the certified facility.



XII.38. Q: Concerning section 9.5 of the standard, in Bolivia, some companies need

to offer transportation to and from the worksites. Thus, an unannounced visit, the

second visit according to SA8000; cannot take place. What should be done in this

case?

There is an advisory issued by SAAS with respect to this question as it has been

demonstrated that there are valid situations which could preclude an unannounced visit.

Guidelines have now been sent to each certification body with acceptable parameters for

exceptional treatment of such accounts when and if they arise.

XII.39. Q: In parts of China, companies are required to get guard services but in

most areas, they can only use one specific company. If that guard service company

takes money from the company’s workers, can the company still be SA8000

certified?

No, this company can not be SA8000 certified. It is up to the certified company to ensure

that workers’ rights are respected by the company managers as well as any other

authority on site.

XII.40. Q: Do companies need to conduct internal audits?

Yes, companies should conduct internal audits. They should do them frequently enough

to ensure that the system is being maintained, at least on an annual basis. This was always

referred to in the standard as “continuous monitoring” of the system under paragraph 9.5

d. in the section on management systems

XII.41. Q: Is formal internal auditing not emphasized in the 2008 SA8000

standard?

Section 9.5 of the standard cites continuous monitoring of activities; an internal audit is

considered the way to achieve this.

XII.42. Q: Is a company required to visit their suppliers under the SA8000

standard?

A company seeking certification must take reasonable steps to ensure their suppliers are

in compliance with the standard; this may be through personal visits, documentation or

requiring a second or third party audit. Auditors are not obligated to visit these suppliers,

but to verify the steps taken by the company where adequate.

XII.43. Q: In section 9.6, companies are required to consult the SA8000 Guidance

Document. Can companies still be certified if they consult only the standard?

The company must consult the SA8000 Guidance Document to get certified. The 2004

Guidance is now available free of charge on SAI’s website. Supplements to this



document, which specifically reference updates in SA8000:2008 include the present

“FAQs” document and the SA8000:2008 Drafters Notes; both are available free of charge

on SAI’s website.

XII.44. Q: Is it required for a company to have the SA8000 Guidance Document on

the premises of the company?

Yes. It can be in electronic format.

XII.45. Q: Under the standard, if a company hires a transport company to bring

workers to work daily, does this transport company fall under the control of

suppliers?

Yes, this transport company would be considered a critical supplier and would fall under

the control of suppliers section of the SA8000 standard.

XII.46. Q: Concerning section 9.12, corrective action is an immediate response to a

situation and preventive action is preventing a situation that has not yet happened.

Can you do one action but not the other?

Effective corrective action requires a “fix” that will minimize the risk of recurrence and

thus should be considered preventive in nature. A corrective action cannot be effective

unless it is also preventive in nature. However, it is possible to implement a preventive

action by itself without having to invoke any type of corrective action. Best practice

requires both approaches; thus SA8000 connects them directly in the standard.

XII.47. Q: Concerning section 9.14, how can companies demonstrate willingness to

participate in dialogues with stakeholders?

Companies should show a good faith effort. An example would be a company’s

acknowledgement of complaints from stakeholders to demonstrate willingness to

participate in dialogue. Of course, workers and neighbors are among the key

stakeholders.

XIII. General Questions

XIII.1 Q: Will there be a new Guidance Document for the 2008 SA8000 standard?

There will be a shortened type of guidance document and this list of Frequently Asked

Questions for SA8000:2008. These FAQs will be posted on our website, and periodically

updated and supplemented. Guidance will be updated on a topic specific basis, and users

will be asked to check periodically for new information and learning. The 2004

Guidance Document will be available free of charge on SAI’s website. It should be used

only in conjunction with the Frequently Asked Questions plus any and all shortened

guidance documents issued by SAI.



XIII.2. Q: How often should a company write a social accountability report under

the standard?

There is no requirement under SA8000 for management to issue a comprehensive report,

but best practice is for a company to issue a social accountability report on an annual

basis. It needs not be a long document; it should include an annual summary of the use of

the standard.

XIII.3. Q: How long are the old SA8000:2001 certificates valid?

All existing certifications must be converted to the new version of the standard by March

31 , 2010 regardless of their initial certification date.

XIII.4. Q: How do you make workers talk about their jobs if they are under

pressure to maintain their jobs?

This is always a concern when companies want to be SA8000 certified. For this reason,

auditors must place emphasis on interviews with workers and external sources to better

understand the situations workers face within the company.

standard 08 f aqs

Documents