Joint Initiative for Corporate Accountability and Workers Rights

1. Joint Initiative for Corporate Accountability and Workers Rights Training Seminar Turkey 2006 Module 2

2. Group icebreaker What we have in common Introduction With your group, put together a list of things (e.g. characteristics, experiences, etc.) that all members of the group have in common. This may not include nationality or parts of the body (e.g. “we are all Turkish” or “we all have arms”). Compile a list of at least 10 items. Designate one group member to share the list of common traits with the rest of the participants. You have 7 minutes.

3. Looking back: Module 1 Introduction • The global context • Specialized terminology used in this field • The 6 organizations • General approach • Membership • Codes • Approaches to social auditing • Disclosure/reporting

4. Today: Module 2 Introduction • Jo-In project in Turkey – how it works • Using complaints systems to address workplace violations • Imaginary scenarios to practice using these systems

5. Jo-In

6. Jo-In Jo-In = The Joint Initiative on Corporate Accountability and Workers Rights

7. “The 6” members of Jo-In are: Jo-In Clean Clothes Campaign (CCC) - Netherlands Ethical Trading Initiative (ETI) – England Fair Labor Association (FLA) – USA Fair Wear Foundation (FWF) - Netherlands Social Accountability International (SAI) – USA Workers Rights Consortium (WRC) – USA

8. Jo-In Why “the 6” founded Jo-In: • To maximize the effectiveness of their work to improve workplace conditions • To share learning about good practice in Code enforcement • To enhance cooperation among the six groups

9. Jo-In Jo-In pilot project In Turkey The first Jo-In pilot project

10. Jo-In Jo-In pilot project Why Turkey? • Significance of apparel exports to Europe and North America • Potential local partners • Potential for project impact • Location / Accessibility to all

11. Jo-In Jo-In pilot project Project focus Based on reflections within the 6 organizations and consultations with stakeholders in Turkey 1) Draft Common Code 2) Implementation of challenging code provisions: • Freedom of association • Hours of work • Wages (living wages) 3) Complaints mechanisms 4)Subcontracting in supply chains Learning from current practice and striving for collective innovation.

12. Jo-In Jo-In pilot project Project approach Already the project has… 1)Agreed a draft Code of Conduct 2) Conduct factory trials • Factory assessments • Remediation efforts to identify good practice with regard to: • Freedom of association • Hours of work • Wages • Forum on living wages and competitiveness 3) Observe use of complaints mechanisms 4) Conduct a study on subcontracting in Turkey It will also…

13. Jo-In Jo-In pilot project Project scope • Turkey’s apparel industry • Project lasts through 2007 • Trials in selected factories • Other learning (e.g. complaints, labor relations, etc)undertaken in collaboration with wide variety of stakeholders

14. Jo-In Jo-In pilot project Who’s participating • “The 6” organizations: CCC, ETI, FLA, FWF, SAI, WRC • 7 brands:adidas (FLA), Gap (SAI/ETI), Hess Natur (FWF), Marks&Spencer (ETI), Nike (FLA), Patagonia (FLA), Puma (FLA) • 6 facilities in Turkey, selected through a selection process, based on set criteria, and brand, trade union, and NGO input • Local stakeholders: Turkish trade unions, trade and manufacturing associations, NGOs, • Local government: Turkish ministries of labor and trade • International stakeholders: International trade unions, NGOs, ILO (observer)

15. Jo-In pilot project International Advisory Committee (2 T.U, 2 NGO, 2 Brands) Governance The Steering Committee (SC) is advised at the international and local levels. • Local Committees • in Turkey for • Factories • NGOs • Trade Unions • Brands • Self-convene • & • advise Steering Committee (6 leaders of Jo-In founding organizations) Funded by: European Union, US State Dept, Private Grants Jo-In Staff Based on SC decisions, Jo-In staff communicates and collaborates with partners.

16. Jo-In Jo-In pilot project Jo-In Code • Draft Common Code – to be tested during Jo-In pilot in Turkey • Based on highest provisions of 6 Codes • Aims to consolidate Codes internationally – alleviate Code confusion • Depending on trial outcomes, draft Code will be revisited and/or adopted

17. Jo-In Jo-In pilot project How it will be reported • Jo-In will issue: • An interim report on the project’s progress • Reports on factory assessments and remediation (factories unnamed) • Summary report on project learning

18. Jo-In Jo-In pilot project Next steps • Factory assessments • Living wages discussions in Turkey • Remediation efforts in factories • Complaints and subcontracting & informal employment research • Analyses and public reporting • International forum - outcomes and learning Reporting and consultations with local stakeholders ongoing throughout project

19. Jo-In Join pilot project: Small group discussion Building on Module 1’s group activities

20. Review from M1: Small group activity (1) Jo-In Design the ideal, imaginary organization working to improve workplace conditions internationally. Imagine together: • The organization’s approach -- rate the importance of the following activities (1-4) • Building the capacity of local actors in the countries where the organization works • Experimental projects that establish best practice for Code implementation • Auditing workplace conditions and company practices • Reporting on factory/brand performance • The countries where it focuses its work and where it is based • Who it is composed of (i.e. stakeholder groups) • Identify challenges you imagine encountering in trying to establish this organization (e.g. balancing different interests, prioritizing work, funding, etc.) • Name the organization Be prepared to report the reasons for your choices.

21. Review from M1: Small group activity (2) Jo-In Comparison with imagined organizations Return to your small groups and together reflect on what was covered in Module 1. Identify which of the 6 organizations is most similar to your imaginary organization. What were the similarities? What were the differences? Identify ways in which your imaginary organizations would benefit from cooperation with any or all of the 6. List the kind of activities your organization would like to include in a joint project with the other organization(s). Where would you propose to host the project? Hold onto notes from this discussion for use in Module 2.

22. Module 2: Small group activity Considering Cooperation Jo-In Based on what you have learned about the Jo-In pilot project in Turkey, what learning from the pilot project in Turkey would be most valuable to your organization if it were among the 6 involved? Share your group’s responses with the large group.

23. Complaints Complaints/grievance procedures Factory grievance systems National-level labor authorities

24. Complaints Overview In this section, we review: Complaints • Complaints basics • Factory level grievance processes • Brands’ complaint systems • Complaints and appeals mechanisms of “the 6” • Other options for filing labor complaints We then consider ways to use these systems • Imaginary scenarios • Lessons learned

25. Complaints Why do complaints mechanisms exist? Complaints Some of the reasons… • Workers  direct input to organization (factory, brand, MSI) • Means of alerting companies/MSIs of any problems in the supply chain  to solve them quickly and fairly • Way to hold companies accountable

26. Key terms (a review) Terms Complaint – appeal – chargesthatthe Code standardsof a given organization are not being respected. A complaints mechanismis the system through which a complaint is received and processed.

27. Complaints Complaints and grievances Complaints At different levels Jo-In disputes resolution mechanism (only applies to factories in project) • Alternatively: • Local and national legal authorities • Inter-governmental organizations

28. Complaints Working locally Complaints Importance of working at the local level • Factory mechanisms • Trade union channels • Local government systems (labor inspectorate or labor courts) This training only deals with non-governmental structures for addressing violations. Essential, but not covered here

29. Complaints Factory grievance procedures Complaints A grievance procedure in a factory provides a written, formal (as well as informal) procedure by which management is bound to process and respond to workers’ grievances. Such procedures should be enumerated in an employee handbook.

30. Complaints Factory grievance procedures Complaints Key aspects of a factory-level grievance system: • Stated rules for behavior • Clear procedures for each step of a grievance • Guidelines for formal & informal grievance channels • Non-retaliation if used with “serious intent” • Time limits for each step

31. Complaints Factory grievance procedures Complaints Other key components: • Trained personnel to receive grievances • Options for third party assistance • Labor panel in place with balanced membership • A commitment to solve problems if they arise

32. Complaints Brands complaints mechanisms How do brands make complaints channels available? Complaints • Some examples: • Mobile phone numbers posted in factory • Business cards distributed • A centralized “help-line” • Locked complaints boxes • Pre-paid mailers distributed to workers

33. Complaints Brands complaints mechanisms How exactly do these work once complaints are received? Complaints • For most, the internal functions are still not entirely clear: • Criteria for acceptance ? • Procedures for processing ? • Rates of responsiveness ? These are worthy of further investigation in order to learn about the processes and effectiveness of each system.

34. “The 6” - Complaints/Appeals Overview Complaints All 6 systems available to workers throughout the world

35. “The 6” - Complaints/Appeals Overview Complaints All 6 systems available to workers throughout the world • CCC • ETI • FLA • FWF • SAI • WRC Garment workers worldwide link to internat’l campaigns Safety net for factories’ and member brands’ mechanisms Processes complaints not resolved by grievance procedures required in SA8000-certified factories Primary system for improving conditions where university-licensed goods are made

36. “The 6” - Complaints/Appeals Q. What do the processes cover? Complaints A. ONLY violations of the 6 organizations’ Codes Past complaints in the systems: Most common: Freedom of association &: - Failed payment of overtime - Sexual discrimination - Dangerous working conditions

37. “The 6” - Complaints/Appeals Results of complaints Complaints • Examples of remedial actions : • Hiring human resource staff • Dismissed workers reinstated • Payment of back wages • Closed-ballot union elections • Collective bargaining agreements • Drafting policies for hiring, firing and advancement

38. “The 6” - Complaints/Appeals In general, what does the process entail? Complaints Code violation Investigation If finding, Worker reports violation to local group Remediation If admissible, Local group collects information If no finding, complaint ends Corrective actions reviewed by MSI/involved parties Complaint submitted to Brand or MSI Stakeholders together; assess completion MSI decides if admissible If not admissible, End Neither WRC nor CCC involve companies in processing complaints.

39. “The 6” - Complaints/Appeals Who can complain? How? Key points from table: Who can file? Anyone, except only members may file in ETI’s system. Complaints Which factories apply? those producing for member brands or universities; SA8000 facilities * For CCC: All factories producing brand-name apparel /footwear Where to file and how? Contact the relevant organization. See table for more. Table in seminar reference pack provides further details

41. “The 6” - Complaints/Appeals How to link a factory to a brand or MSI? Complaints • Record the brand names manufactured at the factory. • Note any university names or logos. • Seek brand name in seminar resource pack. • Check SAI’s website for a full list of SA8000 facilities. • Check WRC and FLA university licensee factory databases. Beware of counterfeit clothing and the dynamic nature of production contracts. A brand may produce in a factory one month and leave it the next.

42. “The 6” - Complaints/Appeals Some key differences Complaints • CCC’s urgent appeals system is different. • It focuses on making other systems effective • It isn’t based on an investigations model (like other 5) • Works behind scenes – to find solutions with brands and other MSIs • Brings the most serious issues to public attention – by writing letters, protests, etc.

43. “The 6” - Complaints/Appeals Some key differences (2) Complaints • Roles of stakeholders in the process • Member brands • Local stakeholders • Auditors and third parties • Timeliness • Transparency • Use of the media Each organization is different. When filing a complaint, be sure to check with each regarding its exact policies.

44. “The 6” - Complaints/Appeals Public Reporting on Complaints Complaints

45. “The 6” - Complaints/Appeals Key common points Complaints • For any of the 6 mechanisms to work effectively: • No retaliation • Clear, continued communication • Involvement of workers • Continued sourcing by involved brands • Appreciation of time and resources required to file, process, and remediate a complaint

46. “The 6” - Complaints/Appeals Systems’ limits Complaints • No legal or governmental authority • Only applies to factories and brands that fall within scope of system • Limited resources of organizations (staff, budget, etc)

47. “The 6” - Complaints/Appeals Still under development Complaints • The 6 are still learning • ETI, FLA, and SAI currently undergoing changes and improvements in systems • Complaints are learning process for all • Still assessing the cumulative impact of complaints mechanisms across the board

48. Jo-In’s system Purpose Complaints • Last resort – only after attempts at utilizing factories’ and brands’ mechanisms • Only applies to complaints arising • during the project, and • in the 6 participating facilities, and • for violations of Jo-In draft Common Code • In case of emergency – where workers’ lives are endangered This system does not add another layer to the systems already in place, it functions only a common safety net for Jo-In project participants

49. Jo-In’s system When it springs to action Complaints • Only after factory- and/or brand-level mechanisms accessed and failed • If immediate action is necessary due to a life-threatening situation

50. Jo-In’s system Cases when it springs to action Complaints Scenario One: An issue was not resolved using factory and brand complaints mechanisms: • Project manager determines if applicable • Brand and company notified • Investigation • Remediation