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

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

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

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

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

5 5 Jo-In

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26 26 Key terms (a review) Complaint – appeal – charges that the Code standards of a given organization are not being respected. A complaints mechanism is the system through which a complaint is received and processed. Terms

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

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

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

30 30 Key aspects of a factory-level grievance system: Factory grievance procedures Complaints 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 31 Other key components: Factory grievance procedures Complaints 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 32 How do brands make complaints channels available? Brands complaints mechanisms 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 33 How exactly do these work once complaints are received? Brands complaints mechanisms 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 34 All 6 systems available to workers throughout the world Overview “The 6” - Complaints/Appeals Complaints

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

36 36 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 “The 6” - Complaints/Appeals

37 37 Complaints Results of complaints “The 6” - Complaints/Appeals 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 38 Complaints In general, what does the process entail? “The 6” - Complaints/Appeals Neither WRC nor CCC involve companies in processing complaints. Code violation Worker reports violation to local group Local group collects information Complaint submitted to Brand or MSI MSI decides if admissible Investigation Remediation Corrective actions reviewed by MSI/involved parties Stakeholders together; assess completion End If admissible, If not admissible, If no finding, complaint ends If finding,

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

40 40 Org.Scope of complaints mechanism Who can file a complaint/ issue an appeal? Where to file complaints?Format for complaints CCC Facilities producing shoes or garments  Any party Any CCC office or project group (14 locations in all) List of locations: contacting.htm CCC website provides list of suggested info to include Any format is accessible – telephone, , letter, etc ETI* Facilities producing for ETI member companies This includes 2 nd and 3 rd tier subcontractors  Any ETI member (company, NGO or trade union)  Workers or local trade unions/ NGOs can file through ETI members All complaints should be sent by an ETI member to a member company Send a copy to ETI Secretariat. Access ETI guidance for list of information to be included in the complaint Written on letterhead, signed and dated FLA * Facilities producing for FLA member companies or those producing university-licensed goods  Any party Jorge Perez Lopez, FLA Headquarters (jperez- FLA staff based in regions Third party complaints form, in reference pack or accessed: aint/index.html aint/index.html Complaints received by fax, mail, FWF Facilities producing for FWF member companies  Any party  Facilities may also complain about FWF auditors FWF headquarters Contact persons, based in every country where FWF brands produce In Turkey: Sule Necef Verbal or written, using any means (personal contact, telephone, , fax, etc) Complaints form in reference pack or available from FWF or contact person SAI* SA8000 certified facilities  Any party  Facilities may also use system to appeal SAI certification decisions or other actions Rochelle Zaid, SAI Headquarters May also be submitted by way of member brand or SA8000 auditor Written, with supporting evidence (e.g. a worker’s testimonial with supporting time card) Faxed or mailed WRC Facilities producing university-licensed goods  Any party WRC Headquarters May also be submitted by way of partner organizations in field Verbal or written, using any means available (personal contact, telephone, , letter, etc) Staff may follow up if additional info needed

41 41 Complaints How to link a factory to a brand or MSI? “The 6” - Complaints/Appeals 1)Record the brand names manufactured at the factory. 2)Note any university names or logos. 3)Seek brand name in seminar resource pack. 4)Check SAI’s website for a full list of SA8000 facilities. 5)Check WRC and FLA university licensee factory databases. Beware of counterfeit clothing and the dynamic nature of production contracts. A brand may produce in a factory one month and leave it the next.

42 42 Complaints Some key differences “The 6” - Complaints/Appeals 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 43 Complaints Some key differences (2) “The 6” - Complaints/Appeals 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 44 Organization Complaints Since Number of Complaints/ Appeals Processed to Date What info can be accessed online: CCC Ongoing reporting on all appeals: ETI All complaints reported upon receipt of complaint; and upon completion. FLA Survey of complaints posted annually in public report: FWF All complaints reported periodically in FWF newsletter and in annual report: SAI Reports are sent to complainants. Once completed, online reports available: intl.org/index.cfm?fuseaction=Page.viewPage&pageId =749&parentID=511&grandparentID=749&nodeID=1http://www.sa- intl.org/index.cfm?fuseaction=Page.viewPage&pageId =749&parentID=511&grandparentID=749&nodeID=1 WRC Ongoing reporting on all complaints: Public Reporting on Complaints Complaints “The 6” - Complaints/Appeals

45 45 Complaints Key common points “The 6” - Complaints/Appeals 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 46 Complaints Systems’ limits “The 6” - Complaints/Appeals 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 47 Complaints Still under development “The 6” - Complaints/Appeals 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 48 Complaints Purpose Jo-In’s system Last resort – only after attempts at utilizing factories’ and brands’ mechanisms Only applies to complaints arising during the project, and in the 6 participating facilities, and for violations of Jo-In draft Common Code In case of emergency – where workers’ lives are endangered This system does not add another layer to the systems already in place, it functions only a common safety net for Jo-In project participants

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

50 50 Complaints Cases when it springs to action Jo-In’s system Scenario One: An issue was not resolved using factory and brand complaints mechanisms: 1.Project manager determines if applicable 2.Brand and company notified 3.Investigation 4.Remediation

51 51 Complaints Cases when it springs to action (2) Jo-In’s system 1.Brand and factory contacted * 2.Action to alleviate immediate threat 3.Corrective action of cause for threat * Authorities may also be asked to intervene WORST CASE SCENARIO Scenario Two: Immediate action is required due to imminent threat to worker(s):

52 52 Complaints Governmental / intergovernmental systems Complaints/Appeals – other options Organization for Economic Cooperation and Development (OECD) International Labor Organization (ILO) Committee of Experts Committee on Application of Standards Committee on Freedom of Association (where relevant) Regional trading systems (e.g. NAFTA, European Commissions preferential trading agreements, etc.) Regional human rights bodies (e.g. European Court of Human Rights) Local labor law enforcement authorities See seminar reference pack for contact info.

53 53 Complaints /Appeals Q&A Complaints Factory grievance systems National-level labor authorities

54 54 Complaints Question 1 Complaints/Appeals Q&A Q. What information should be compiled when planning to file a complaint?

55 55 Complaints Question 1 Complaints/Appeals Q&A Q. What information should be compiled when planning to file a complaint? Factory name Contact person for moving forward Explanation of violation – with details (dates, location, etc) Whether other complaints mechanisms accessed All known brands/companies sourcing from factory

56 56 Complaints Question 2 Complaints/Appeals Q&A Q. Can one file a complaint in two places at once?

57 57 Complaints Question 2 Complaints/Appeals Q&A Q. Can one file a complaint in two places at once? Yes. This can be a good strategy. But, be strategic in choosing where to file. Appreciate the time and resources required. Think local, for the long term. Build local capacity whenever possible.

58 58 Complaints Question 3 Complaints/Appeals Q&A Q. What if a facility falls within the scope of two or more organizations? For example, what if a facility is SA8000 certified and produces for a brand that is an FLA member?

59 59 Complaints Question 3 Complaints/Appeals Q&A Q. What if a facility falls within the scope of two or more organizations? For example, what if a facility is SA8000 certified and produces for a brand that is an FLA member? Again, if a serious problem exists in a factory, combining influence can help resolve the problem. So, contact both organizations. But make sure to notify each that you are also collaborating with the other.

60 60 Complaints Question 4 Complaints/Appeals Q&A Q. Can a factory use the MSI systems to file a complaint? For example, if a factory considers that findings from an audit are not accurate?

61 61 Complaints Question 4 Complaints/Appeals Q&A Q. Can a factory use the MSI systems to file a complaint? For example, if a factory considers that findings from an audit are not accurate? It depends on the organization. FWF and SAI open their complaints systems to factory management. For ETI, any ETI member may use the system to file a complaint against another member. The others do not have formal systems for factory complaints.

62 62 Complaints Other questions? Complaints/Appeals Q&A

63 63 Imaginary Scenarios Complaints Factory grievance systems National-level labor authorities

64 64 Assemble with your assigned group. Read your group’s imaginary scenario and appoint a group reporter. Together develop the strategy that you recommend taking to address the workers’ complaint. Remember to consider: 1.Characteristics and limitations of each organization’s system 2.Time and resource limitations 3.The importance of building local capacity At the end of the allotted time, be prepared to 1) summarize the scenario for the large group; and 2) present your strategy and the group’s reasoning behind the strategy. Compare the action you propose with that of other groups assigned the same scenario. Imaginary Scenarios Using Complaints Mechanisms Complaints

65 65 Complaints Complaints – What works? Lessons learned The essentials, for any complaints mechanism to work: No retaliation against complainants Keeping workers at the center of the entire process Proceeding so as to build (not break) mechanisms, particularly local ones Clear structures and communications at each step of process Clearly-reported facts

66 66 Complaints Complaints – What works? Lessons learned Common ingredients of success stories from MSI complaints mechanisms: All the points just raised (last slide) A focus on communications throughout process between ALL stakeholders Trust in the process Openness to a solution Active and on-the-ground involvement by brands And…

67 67 Complaints Complaints – What works? Lessons learned Focusing on the MSIs, complaints success stories involve: (continued) Effective cooperation among several sourcing brands to address a complaint Appropriate confidentiality and appropriate transparency Continual monitoring until issue resolved Public acknowledgment of good efforts

68 68 Complaints Content review Lessons learned Module 1: -The global context -Terminology -The 6 - Membership, Approach, governance - Code contents - Auditing and remediation processes - Disclosure and public reporting Module 2: -Jo-In and its pilot project in Turkey -Using complaints systems - Locally (Factory, trade union, labor authorities) - Brands - MSI - Jo-In - Other

69 69 Complaints Content review Lessons learned Module 1: -The global context -Terminology -The 6 - Membership, Approach, governance - Code contents - Auditing and remediation processes - Disclosure and public reporting Module 2: -Jo-In and its pilot project in Turkey -Using complaints systems - Locally (Factory, trade union, labor authorities) - Brands - MSI - Jo-In - Other

70 70 Complaints Final discussion Lessons learned What key points from Module 1 and/or Module 2 will you take away from this seminar?

71 71 www. Please remember to give us feedback… Thank you for your participation!.jo-in.org


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