Employers and child labour. Developed by: Anne-Brit Nippierd Sandy Gros-Louis Written by: Paul Vandenberg

Transcription

1 Eliminating Child Labour Guide One Introduction to the issue of child labour Guide Two How employers can eliminate child labour The role of employers' organizations in combating child labour Employers and Child Labour is designed to help businesses and their organizations understand and take action against child labour. The three practical guides provide ideas, advice and examples for the prevention of child labour, the withdrawal of children from work and the protection of young workers from hazardous conditions. The package will be a key resource for the executives, directors and managers of employers' organizations and other business associations that wish to engage on this important and sensitive issue. Photo cover ILO / Khemka Guide Three Eliminating Child Labour Guides for Employers The guides focus on developing countries and provide examples of enterprises and employers' organizations that have taken concrete action, either by themselves or in cooperation with the International Labour Organization, donors and other local, national and international organizations. Guide Two How employers can eliminate child labour Bureau for Employers' Activities International Labour Office CH-1211 Geneva 22 Switzerland Fax: (41 22) actemp@ilo.org ACT/EMP 55

2 Employers and child labour Guide Two How employers can eliminate child labour Developed by: Anne-Brit Nippierd Sandy Gros-Louis Written by: Paul Vandenberg Bureau for Employers' Activities, International Labour Office and the International Organisation of Employers (IOE)

3 Copyright International Labour Organization 2007 First published 2007 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by pubdroit@ilo.org. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP [Fax: (+44) (0) ; cla@cla.co.uk], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA [Fax: (+1) (978) ; info@copyright.com] or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licences issued to them for this purpose. ILO / A. Nippierd, S. Gros-Louis, P. Vandenberg. Employers and Child Labour. Guide Two: How employers can eliminate child labour (Geneva), International Labour Office, (2007) ISBN (print) (web pdf) ILO Cataloguing in Publication Data Vandenberg, Paul; Nippierd, Anne Brit; Gros-Louis, Sandy Eliminating child labour : guides for employers / written by Paul Vandenberg, developed by Anne-Brit Nippierd, Sandy Gros-Louis ; International Labour Office, Bureau for Employers' Activities ; International Organisation of Employers. - Geneva: ILO, v. ISBN: (v.1); (v.1 web pdf); (v.2); (v.2 web pdf); (v.3); (v.3 web pdf); (set) International Labour Office; International Organisation of Employers child labour / employers organization / employers role / management strategy / corporate responsibility The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by pubvente@ilo.org Visit our website: Graphic design and layout: International Training Centre of the ILO, Turin, Italy Printed in Italy

4 GUIDE TWO How employers can eliminate child labour Foreword Child labour is normally concentrated in the informal economy, in the rural sector and in other industries hidden from public view. Children who are engaged in child labour, either because they are below the legal work age or because they work in hazardous, illegal or degrading conditions, are unable to develop to their full potential. Employers and employers' organizations can play a role in the global fight against child labour. Employers can take responsible action to remove child labour from their workplaces, they can reduce the risk from hazards for adolescents and they can refuse to hire children. Employers and employers' organizations can lobby for effective schooling and for remedial programmes, and they can help to raise public awareness and change attitudes. The International Labour Organization (ILO) and the International Organisation of Employers (IOE) worked closely together to develop this set of Guides. The Guides are unique in that they consider child labour from the perspective of employers and their organizations, while keeping the welfare of children and their families at the centre of the analysis. In addition, the Guides offer practical ideas and advice. They draw on the experiences of staff at a number of national employers' organizations that have worked with the ILO over the past several years on child labour projects. Numerous examples of the positive actions taken by employers and their organizations are included. These examples provide evidence not only of what can be done but of what has been done. The Guides have benefited from the inputs of a wide range of experts. They were first reviewed at an interregional workshop for employers' organizations held at the International Training Centre of the ILO in Turin, Italy, in July Ideas and suggestions were also received from experts at the IOE, the ILO's Bureau for Employers' Activities and the ILO's International Programme on the Elimination of Child Labour (IPEC). The Guides are fully consistent with, and indeed support the ILO's Minimum Age Convention (C. 138) and the ILO's Worst Forms of Child Labour Convention (C. 182). We hope that these Guides can help you and your organization or business make a difference in your country. Jean François Retournard ILO Bureau for Employers' Activities (ACT/EMP) Antonio Peñalosa International Organisation of Employers (IOE) 1

5 Employers and child labour Table of Contents Foreword 1 Introduction 4 Using this guide - to suit your business 5 Four guiding principles 5 Step 1 Analysing the situation 7 Defining child labour 7 Current situation in the business 11 Step 2 Designing the strategy 14 The process 14 Four scenarios: What an enterprise might seek to achieve 16 Assistance from NGOs, community groups and others 17 Step 3 Three immediate actions: hiring, hazards and hours 18 Immediate Action 1: End the practice of hiring children 18 Immediate Action 2: Eliminate hazardous child labour 18 Immediate Action 3: Reduce the hours for children under the minimum age 20 Step 4 Supporting children and their families 21 Working with child labour reduction programmes 21 Encouraging microfinance and skills training 22 Improving wages and hiring family members 23 Supporting education 24 Paying wages while children attend school 25 Costs and the sunset' aspect 27 The challenge for small enterprises 28 2

6 GUIDE TWO How employers can eliminate child labour Step 5 Eliminating the need for children in your business 29 A common theme 31 Step 6 Eliminating child labour from the supply chain 32 Home-based production 37 Step 7 Using a code of conduct 39 Enterprise codes 40 Group of enterprises 42 Multi-stakeholder initiatives 43 International Framework Agreements 44 Living up to the code 45 Step 8 Auditing, monitoring and certification 46 The monitoring process 48 Social labelling 49 Other reporting mechanisms 50 A note on dealing with the media 51 A reminder: child labour in society 53 Appendix 1: Independent auditors 54 3

7 Employers and child labour Introduction Purpose of the guide Finding appropriate solutions Concepts and real examples This guide explains what an enterprise can do to eliminate child labour in its operations, both as it relates to workers under the minimum age for work and as it relates to those under the age of 18 engaged in hazardous work. In addition, this guide discusses measures that may be taken to reduce child labour among suppliers. As discussed in Guide One, child labour is a severe social problem that is caused by poverty, the lack of schooling, parental attitudes and other factors. Enterprises may contribute to this problem by hiring children and they can thus play a role in helping to eliminate it. Elimination is not difficult but it does require a thought-out strategy, notably to ensure the welfare of children and the families they help to support. Simply laying off children is not an appropriate solution; instead enterprises can work with other groups to assist in the transfer of children to school and to ensure that the welfare of the family is not damaged by the loss of a child's income. This guide provides a variety of ideas. Some of them are quick and simple and will not have a negative effect on the welfare of children or the operations of a business. Other ideas are more complex, notably when the problem of child labour and young workers is greater. However, this guide offers not only ideas but also real examples of actions that have been taken by businesses. If child labour exists in your business or among your suppliers, don't worry: you are not the first to have faced the problem. Consider what others have done and how their strategies may or may not be appropriate. 4

8 GUIDE TWO How employers can eliminate child labour Using this guide to suit your business Each enterprise has its own goals Public perceptions Suggestions on steps but a business can decide on its own strategy It is difficult to propose a single strategy for all types of enterprises and all situations of child labour. For example, the business may be a small local producer focused on the domestic market. The concern is that several workers may be under-age and the business wants to remain within the law and also it wants to do the right thing. Conversely, a plantation may be employing the children of its adult employees to help bring in the harvest. It may be hard to find other adult workers at that time of the year when the demand for workers is high. Other enterprises might be worried about prevention and public perception. For example, a company may be a large multinational that buys from 100 producers spread around Latin America or Asia and is moving into China. It wants to be able to tell its customers in the US and Europe that its goods are not produced by children. And it wants to be confident that a non-governmental organization or the media won't find evidence to the contrary. This guide tries to address all these situations. As such, not all sections will be useful to all enterprises. The guide is organized along eight steps which are designed to help the owners or managers work through a process. However, in many cases, a business may decide not to follow the steps in the order in which they are presented. Step 2 presents some ideas on different strategies. This step comes after Step 1 on Analysing the Situation', but the two steps are closely related. A company can do a preliminary analysis of the problem, map a strategy and then conduct a more detailed analysis. Conversely, an enterprise might want to discuss a preliminary strategy first, which includes a detailed analysis, and then develop a fuller strategy after the extent of the problem is known. Probably the best way to use this guide is to first study thetableof contents to get an idea of the different aspects of the issue. Then flip through the guide, sampling sections and examples. Finally, one or more members of the company may need to read it from beginning to end. Four guiding principles 1. Understand the consequences of your actions While the guide provides a variety of suggestions, it might be best to keep in mind four overall ideas or guiding principles in setting out a strategy and implementing it. Rushing to comply with legislation or buyer demands can lead to negative, unintended consequences for children and their families. Consider their welfare when creating a workplace free of child labour. For example, in the early 1990s, Bangladeshi garment manufacturers faced the prospect of a ban on exports to the US due to child labour. Between 40,000 and 50,000 children were immediately let go. 5

9 Employers and child labour ILO/Khemka 2. Be proactive rather than reactive 3. Cooperate with others 4. Work within your spheres of influence Little is known of what happened to these children and their families. Some probably ended up in worse conditions. Careful planning can ensure that negative consequences are avoided. Don't wait to be told or forced to reduce child labour. Be proactive and reduce child labour through internal efforts or work with organizations than can help. Include it as an action item in the company's strategic plan. Being proactive in finding solutions means that the enterprise will avoid bad publicity in the media, fines by the government and dictation by buyers. In addition, the removal of children from work takes time and planning. Being proactive means an enterprise stands a better chance of planning this process carefully. Many local and international organizations or coalitions have been formed to fight child labour. Employers' organizations or sectoral bodies might also have active programmes on the issue. All of these groups may be able to help a company design a responsible programme. Other groups can help to monitor labour practices and set codes of conduct. Several organizations of this nature are listed in the guide. Enterprises are responsible for their own workplaces, but they also can have an influence beyond it. They can encourage or even help suppliers to reduce child labour; they can work with other organizations to create awareness; they can support broader programmes to improve education facilities for children and so on. 6

10 GUIDE TWO How employers can eliminate child labour Step 1: Analysing the situation Step 1 What is the extent of the child labour problem? To deal with child labour, it is first necessary to have an idea of the extent of the problem in the business or among its suppliers. The owners or managers probably already know whether the business might be employing workers below the age of 18. They may not be aware, however, what the minimum age for work is or how hazardous work is defined. They may not be aware of what potential buyers require in terms of the age of workers. Thus, to fully understand the requirements and the business' situation, it may be important to undertake a more detailed analysis of the situation. This can be done internally, or it may involve an audit by an outside firm with experience in these matters. Likewise for suppliers, an audit can be conducted internally or by an outside body. This section considers some of the issues to be addressed. Defining child labour How is child labour defined in my country or my sector? It is necessary that the enterprise be aware of how child labour is defined in the law of the country and by the sector. The country definition is important because it will allow the business to operate within the law. This is the minimum requirement for any business. Information on the national law may be fairly easy to obtain from the Ministry of Labour; in some cases, the country's labour laws are posted on the ministry's website. This is the case in India, where the Child ILO/Khemka 7

11 Employers and child labour Stricter than the national law Different buyer requirements Labour (Prohibition and Regulation) Act, 1986 is available for easy downloading. In addition, the national employers' organization may have such information. Understand clearly the content of the Labour Code and articles in other laws that pertain to child labour. As noted in Guide One, there is also an international (ILO) definition of child labour which indicates the minimum age of work, the criteria for light work and the worst forms of labour for those under the age of 18. It is useful to know both definitions and to determine what types of activities in your business if any fall within the definition of hazardous or worst forms of child labour. This is true even if the government does not go so far as to include these in its legislation. Indeed, a business may decide to adhere to a policy that is stricter than the national law or even international standards. For example, Chiquita, known for its bananas from Central America, decided to set its minimum hiring age at 18. This allows it to avoid problems with 16 and 17-year-old workers that may be working too many hours or in hazardous conditions such as at night or with chemicals. A strict policy may be required by buyers, notably foreign ones or local plants or plantations owned by multinationals. In addition, there may be an international industry standard that determines access to foreign markets. In these cases, it may be useful to ask buyers or an industry representative body what the standards are. It is possible that an enterprise sells to different buyers who have different definitions. This can be confusing. To be safe and enjoy access to a range of buyers, it may be best to comply with the higher standard. ILO/M.Crozet 8

12 GUIDE TWO How employers can eliminate child labour Step 1 ILO/Derrien Checklist 1 Requirements of the law 1. Minimum age for regular work in my country: years 2. Maximum weekly hours of work that can be undertaken legally by children below this age: 3. Minimum age for hazardous and worst forms of work (probably 18): hours years 4. National (legal) definition of hazardous or worst forms of work in my area of business:,,,,,. 5. Other legal requirements, if any, regarding child labour: a. b. c.. 9

13 Employers and child labour Checklist 2 Requirements of my buyers or industry standards 1. Minimum age for regular work, if different from the law: years 2. Minimum age for hazardous and worst forms work (probably 18): years 3. Main hazardous forms of work in my area of business as defined by my industry or suppliers:,,,,,. 4. The ISO requirements of my buyers regarding child labour are:. 5. Other requirements of my buyers or industry standards, regarding child labour: a. b. c. Agreeing on hazardous work through social dialogue In cases of doubt about relevant legislation and its interpretation, enterprises may consult national employers' organizations. The ILO's Worst Forms of Child Labour Convention (C. 182) stipulates that social partners (i.e. workers' and employers' organizations) at the national level are to engage in a dialogue and agree on a list of situations that constitute hazardous work for children. If such a list exists in your country, it may be available through the national employers' organizations. This list should become part of the law on child labour. 10

14 Asking for help and using common sense GUIDE TWO How employers can eliminate child labour Where no such list exists, an enterprise can ask the medical association, public health authorities or the employers' organization for assistance. These bodies may be able to suggest someone who can identify the tasks that are potentially dangerous for children up to the age of 18. A good dose of common sense can also go a long way in determining which tasks are not suitable for children. Furthermore, an employer may decide to reduce the risks from hazards for all workers, adolescents and adults, through improved workplace safety and health. This will reduce the likelihood that young workers are at risk from hazardous situations. Step 1 Current situation in the business Verifying age The next step is to determine whether the enterprise is employing people who are classified as child labourers under the national law or the higher standard that the enterprise has set to conform to the requirements of buyers. This can be done through an audit of current employees. They can be asked to provide proof of age, if possible. Sometimes there are no birth certificates to verify age (and falsified documents may be easy to obtain on the black market). The major techniques to verify age include the following: medical examination prior to employment multiple written documents and affidavits interviews (that are culturally adjusted) with employees and applicants who appear to be too young school enrolment certificate common sense. OIT/M.Crozet 11

15 Employers and child labour Checklist 3 Quick check of child labour in my business male/female 1. Total number of children (below the age of 18) working in my business: 2. Number of children currently working in my business below the legal minimum age for work: 3. Number of children up to the age of 18 working at hazardous or worst forms tasks: 4. Number of workers whose age is difficult to verify: 5. Number of workers who would be defined as child labourers by my suppliers: / children / children / children / persons / children ILO/Cabrera 12

16 GUIDE TWO How employers can eliminate child labour ILO/Deloche Step 1 Use local indicators Employing your own children Income of the child's family Use the definition of hazardous work In some Asian countries children do not know their precise year of birth but they know the animal year (Year of the Monkey, etc.). In other countries, a child's birth might be related to some major historical event, such as independence or the start or end of a war. It may also be related to a significant anniversary of such an event (e.g. 50 years after independence). In many smaller businesses, the owner may employ one or more of his/her own children. If this is the case for your business, you may determine which of your children can, according to the law (or your buyers' standards), work in your business and which are not allowed to work. For your own and others' children, you may consider adopting the principle that work should not replace or impede the child's schooling. Some employers might want to go a little further and determine whether its child labourers are providing vital income for their families. While ultimately it is best for the child not to work, in the short run it may be necessary that she or he do some part-time work and thus continue to bring in income to support the family. In addition, an employer can determine whether workers below the age of 18 (but above the minimum age) are engaged in tasks where the risks from hazards are high. The employer can then reduce those risks as a way of eliminating hazardous child labour. A business might also want to quickly assess the possibility of replacing all child workers (up to the age of 18) with adults. This can be effective in ensuring that there is no hazardous child labour. However, this approach may result in the loss or refusal of employment for workers just below the age of 18, thus adding to the problem of youth unemployment. 13

17 Employers and child labour Step 2: Designing the strategy Different objectives Similar to designing other business strategies The strategy will be based on the objectives of the business and the extent of its child labour problem. A small business may simply wish to conform to the law. A medium-sized business may want to supply other firms or break into the export market itself. A large business may seek to assure its existing buyers and consumers that it does not use child labour. Most business owners and senior managers do not need advice on how to design a strategy. They frequently design strategies for various aspects of their business. Instead, they need ideas of what can be done; that is, what are the possible elements of a strategy on combating child labour. Those elements are found in the other steps of this guide. This step provides just a little advice on different types of strategies and how the eight steps of the guide can be combined or adapted. The process Designing a child labour strategy might follow the following eight-step process as outlined on the next page. The substance of the strategy might include the elements listed in Box 1. Box 1 Elements of a child labour strategy 1. Analysing the situation 2. Designing the strategy (with implementation schedule) 3. Three immediate actions: hiring, hazards and hours 4. Supporting child and household welfare 5. Eliminating the need for child labour in my business 6. Eliminating child labour in the supply chain 7. Using a code of conduct 8. Auditing, monitoring and certification 14

18 GUIDE TWO How employers can eliminate child labour Step 2 ILO/Browne Consider Consult Draft Consult again Decide Communicate Implement Review Step 1. The owner or a senior manager designates one or more subordinates to consider the shape' of the problem and come up with a few ideas on how to move forward. In a small firm, this might be done by the owner alone. Step 2. A process of consultation then takes place. An individual or group consults with others working in the business, including workers' representatives, members of welfare committees and those who hire workers. A key issue here is whether any consultations also take place outside of the business (e.g. specialized consultant, NGO, employers' organization, sectoral group, buyers). Step 3. Following consultations, the person or group in charge drafts a strategy. This does not need to be elaborate. It can be four paragraphs on a single sheet of paper which include the basic actions to be taken, by whom and when. For a large company it might be more developed and include specifying accountabilities. Step 4. The draft strategy is then used to consult again. Determine whether the key internal people, including senior management and perhaps workers' representatives, agree and whether the line managers think it will work. Step 5. Consider these second-round comments and then decide on a strategy. At this stage, it might need to be formally written out. Step 6. The strategy must then be communicated to the entire business and possibly to outsiders (buyers, sector organizations). Step 7. The next step is to implement the strategy, which will necessarily include the assignment of accountability for specific actions. Step 8. And finally, some mechanism can be put in place to review the strategy's implementation and gauge its success or consider modifications. It is critical that key figures in the enterprise, including the most senior management, be engaged in and support this process. 15

19 Employers and child labour Four scenarios: What an enterprise might seek to achieve Seek solutions to meet your objectives 1. Want to prove that firm is free of child labour 2. Want to operate within the law 3. Want to eliminate what is a significant problem Your business needs to develop its own strategy. It might decide to follow all of the eight steps that structure this guide. However, it might also decide to follow only some of the steps or to change the order. To illustrate how this guide might be used to serve different circumstances, four invented scenarios are presented below. These represent the most common situations faced by businesses. The purpose here is not to imagine every case, but to provide a sense of how the guide might be used and adapted. In this first scenario, your enterprise does not employ anyone under the age of 18. There is thus no problem of child labour. However, international buyers have recently been asking for proof that the business is free of child labour. In this case, Step 7 on creating a code of conduct and Step 8 on auditing, monitoring and certification will be the most relevant for your business. The central concern is to get an independent audit to confirm the existing reality. In the second scenario, your small enterprise produces only for the domestic market. Recently, the issue of child labour has been raised in the community and public authorities have increased their enforcement of existing laws. Your business employs individuals from the age of 16 upwards on a full-time basis and a few younger boys who come to work a few hours every day after school. In this case, the most relevant steps are Step 1 on analysing the situation and Step 3 on immediate action. Your goal would be to comply with the law and ensure that children are not working in hazardous conditions. You are not interested in engaging an outside auditor or setting a formal code of conduct. In the third scenario, you are aware that your business employs, on a full-time basis, children under the legal working age. You know the parents of these children and you know that they are poor. They cannot afford to send their children to school. Laying off these children probably means that they will find work elsewhere, possibly in worse conditions. At the same time, you are concerned that hiring more adults may raise your costs and make it more difficult to remain in business. In this case, it is best first to detail the extent of child labour (Step 1) and take whatever immediate action is possible to stop hiring and move children from hazardous work (Step 3). The real challenge, however, will be to see whether these children can be put in school without damaging their welfare and that of their families (Step 4). In this regard, you may need outside help from a community group or non-governmental organization that can help reduce the costs of sending the children to school and help the parents generate more income through microcredit schemes, cooperatives or other means. You have no interest in setting a formal code of conduct or allowing outside auditors to visit your premises. 16

20 GUIDE TWO How employers can eliminate child labour 4. Want to appease a buyer concerned with the supply chain In the fourth scenario, your business is a well-known clothing brand based in Europe. Your products are made to order by a number of local producers in south and south-east Asia. Recently, one of your competitors has been the subject of negative media reports because a supplier was found to have been employing under-aged workers. You are concerned that the same might happen to your firm. In this case, it is best to consider Step 6 regarding child labour in the supply chain. In addition, the firm's code of conduct (Step 7) may need to be reviewed or discussed with suppliers. It may well be that your office in the countries where the plants are situated may need to start regular or surprise checks on suppliers, as suggested in Step 8. Step 2 Assistance from NGOs, community groups and others A key strategic question is who to collaborate with Internal vs. external A key question for your strategy is whether the elimination of child labour in your firm will be an entirely internal matter, or will involve some type of outside collaboration. As the scenarios above suggest, this will depend on the situation of the business. External collaboration in the form of an auditor may be essential for convincing buyers or consumers that your business is free of child labour. Other forms of external collaboration may include cooperating with community groups and non-governmental organizations to move children from work to school. Alternatively, a business may simply want to end child labour quietly on its own and not be associated in any public manner with the issue. In short, the decision to involve outsiders will be based on the need to gain assistance (possibly finance, certainly advice) or recognition (by suppliers or consumers). Alternatively, the decision to handle the matter internally will be based on a desire to keep a low profile. ILO 17