ICS’s Code of Conduct
Each member of the Initiative Clause Sociale: 3 Suisses, Adeo groupe, Auchan, Carrefour, Casino, Colruyt, Conforama, Conad, Cora, E. Leclerc, Jules, Monoprix, Okaidi, PPRP and Système U, has established its own code of conduct. Clauses of the ICS are based on the main ILO conventions and recommendations (see list at the end of the document) and on the Universal Declaration of Human Rights. By signing this code, supplier undertakes to conform to it and commits to having it respected by its own subcontractors and partners.
Child labour
1- Suppliers shall comply with:
the national minimum age for admission to employment or work in any occupation and should not be less than the age for completing compulsory schooling and, in any case, not be inferior to 15 years old; If however, the local legal minimum age is set at 14 years of age in accordance with ILO Convention 138 developing country exceptions, this lower age may apply.
2- Suppliers shall neither recruit nor exploit children in any way. If children are found to be working directly or indirectly for the supplier, the latter shall seek a sensitive and satisfactory solution that puts the best interests of the child first.
3- Suppliers shall not employ young workers under 18 years of age at night, or in conditions which could jeopardize their health, their safety or their moral integrity, and/or which could harm their physical, mental, spiritual, moral or social development.
Forced labour
1- All work must be conducted on a voluntary basis, and not under threat of any penalty or sanctions.
2- The use of forced or compulsory labour in all its forms, including prison labour when not in accordance with Convention 29, is prohibited.
3- Suppliers shall not require workers to make deposits/financial guarantees and shall not retain identity documents (such as passports, identity cards, etc.)
4- Bonded labour is prohibited. Suppliers shall not use any form of bonded labour nor permit or encourage workers to incur debt through recruitment fees, fines, or other means.
5 - Indentured labour is prohibited. Suppliers shall respect the right of workers to terminate their employment after reasonable notice. Suppliers shall respect the right of workers to leave the workplace after their shift.
Discrimination
1- Suppliers shall respect equal opportunities in terms of recruitment, compensation, access to training, promotion, termination or retirement.
2- Suppliers shall not engage in, support or tolerate discrimination in employment including recruitment, hiring, training, working conditions, job assignments, pay, benefits, promotions, discipline, termination or retirement on the basis of gender, age, religion, marital status, race, caste, social background, diseases, disability, pregnancy,
ethnic and national origin, nationality, membership in worker organizations including unions, political affiliation, sexual orientation, or any other personal characteristics.
3- Suppliers shall base all terms and conditions of employment on an individual's ability to do the job,not on the basis of personal characteristics or beliefs.
Disciplinary practices, harassment or ill treatments
1 - Suppliers shall treat all workers with respect and dignity.
2- Suppliers shall not engage in or tolerate bullying, harassment or abuse of any kind.
3- Suppliers shall establish written disciplinary procedures and shall explain them in clear and understandable terms to their workers. All disciplinary actions shall be recorded.
Freedom of association
1- Workers have the right to join or form trade unions of their own choosing and to bargain collectively, without prior authorization from suppliers’ management. Suppliers shall not interfere with, obstruct or prevent such legitimate activities.
2- Where the right to freedom of association and collective bargaining is restricted or prohibited under law, suppliers shall not hinder alternative forms of independent and free workers representation and negotiation, in accordance with ILO conventions.
3- Suppliers shall not discriminate against or otherwise penalise worker representatives or trade union members because of their membership in or affiliation with a trade union, or their legitimate trade union activity in accordance with ILO conventions.
4 - Suppliers shall give internal worker representatives access to the workplace in order to carry out their representative functions in accordance with ILO conventions.
Working hours
1- Suppliers shall set working hours that comply with national laws and ILO conventions, whichever affords greater protection to ensure the health, safety and welfare of workers.
2- Suppliers shall respect that the standard allowable working hours in a week are 48, excluding overtime. Workers shall not on a regular basis be required to work in excess of 48 hours per week.
3- Overtime shall be voluntary and shall not exceed 12 (twelve) hours per week and shall not be requested on a regular basis.
4- Suppliers shall respect all workers right to at least one rest day in every 7 (seven) days period as well as annual paid leave period and public national and local holidays as per local regulations.
Wages and benefits
Acknowledging the fundamental nature of remuneration for workers and those who are dependent on them, ICS expects that its suppliers should not consider the legal minimum wage as an end in itself, but as a mere threshold not to be reached but to be exceeded, the goal sought being that this remuneration should be able to cover their basic needs whilst guaranteeing them a discretionary income.
1- Work performed must be on the basis of a recognised employment relationship established in compliance with national legislation and ILO conventions, whichever affords the greater protection.
2- Labour-only contracting, sub-contracting or home-working arrangements, apprenticeship schemes where there is no real intent to impart skills or provide regular employment, excessive use of fixed term contracts of employment, or any comparable arrangements shall not be used to avoid obligations to workers under labour or social security laws and regulations arising from the regular employment relationship.
3- Suppliers must compensate their workers by providing wages, overtime pay, benefits and paid leave which respectively meet or exceed legal minimum and/or industry benchmark standards and/or collective agreements, whichever is higher.
4- Suppliers shall provide all workers with written and understandable information about their employment conditions, including wages, before they enter into employment; and about details of their wages for the pay period concerned each time they are paid.
5- Suppliers shall not make any deductions from wages which are unauthorised or not provided for by national law. Suppliers shall not make any deduction from wages as a disciplinary measure.
6- The supplier shall provide all legally required benefits, including paid leave, to all workers.
7- Suppliers shall always compensate all workers for all overtime at a premium rate, as required by law and, where applicable, by contractual agreement.
Health and Safety
Provisions under Health and Safety shall be further defined to cater for specific conditions and related hazards pertaining to different industries, in accordance with the relevant applicable Health & Safety principles:
1- Suppliers shall provide safe and clean conditions in all work and residential facilities and shall establish and follow a clear set of procedures regulating occupational health and safety.
2- Suppliers must take adequate steps to prevent accidents and injury to health arising out of, associated with, or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment. Appropriate and effective personal protective equipment shall be provided as needed.
3- Suppliers shall provide access to adequate medical assistance and facilities.
4- Suppliers shall provide all workers with access to clean toilet facilities and to drinkable water and, if applicable, sanitary facilities for food preparation and storage.
5- Suppliers shall ensure that residential facilities for workers, where provided, are clean and safe.
6- Suppliers shall assign the responsibility for health and safety to a senior management representative.
7- Suppliers shall provide regular and recorded health and safety training to workers and management, and such training shall be repeated for all new or reassigned workers and management.
8- Suppliers shall provide adequate safeguards against fire, and shall ensure the strength, stability and safety of buildings and equipment, including residential facilities where provided.
9 - Suppliers shall undertake sufficient training of workers and management in waste management, handling and disposal of chemicals and other dangerous materials.
ANNEXE
b. Suppliers are required to comply with:
i) Fundamental international labour standards as defined by the ILO Declaration on
Fundamental Principles and Rights at Work and its Follow-up:
- C87, Freedom of Association and Protection of the Right to Organise Convention,
1948
- C98, Right to Organise and Collective Bargaining Convention, 1949
- C29, Forced Labour Convention, 1930
- C105, Abolition of Forced Labour Convention, 1957
- C138, Minimum Age Convention, 1973
- C182, Worst Forms of Child Labour Convention, 1999
- C100, Equal Remuneration Convention, 1951
- C111, Discrimination (Employment and Occupation) Convention, 1958
ii) other applicable international labour standards, such as:
- The ILO call for Decent Work
- C1, Hours of Work (Industry) Convention, 1919
- C14, Weekly Rest (Industry) Convention, 1921
- C95, Protection of Wages Convention, 1949
- C131, Minimum Wage Fixing Convention, 1970
- C135, Workers' Representatives Convention, 1971
- C155, Occupational Safety and Health Convention, 1981
- C161, Occupational Health Services Convention, 1985
- R85, Protection of Wages Recommendation, 1949
- R116, Reduction of Hours of Work Recommendation, 1962
- R135, Minimum Wage Fixing Recommendation, 1970
- R164, Occupational Safety and Health Recommendation, 1981
- R184, Home Work Recommendation, 1996
- R190, Worst Forms of Child Labour Convention Recommendation, 1999
iii) applicable national and/ or local legislation.
In all instances, the international labour standard, national and/or local legislation or GSCP reference
code requirement which affords the highest level of protection shall apply.
c. The provisions of this reference code constitute minimum and not maximum standards.
d. This reference code shall not be used to prevent international labour standards or national and/or
local legislations from being exceeded.