To meet the changing expectations of its key stakeholders, Ben Sherman Australia is committed to understanding and managing social, ethical and environmental issues along its supply chain in a responsible manner. This Supplier Code of Conduct (“the code”) has been developed to help meet this commitment and outlines the minimum terms and conditions of doing business with Ben Sherman Australia. This code is mandatory for all suppliers.
For the purposes of clarity, the supplier commitments outlined herein should be interpreted in accordance with one or more of the ETI Base Code, the SEDEX Member’s Ethical Trade Audit (SMETA) methodology, Worldwide Responsible Accredited Production (WRAP), Business Social Compliance Initiative (BSCI) and the definitions outlined in the Appendix.
Suppliers must comply with local and national laws related to labour practices and ensure that workers are afforded the highest level of protection, whether that be under local law or the following principles, which should be read in conjunction with the ETI Base Code outlined in the Appendix.
- Employment is freely chosen
- Freedom of association and the right to collective bargaining are respected
- Working conditions are safe and hygienic
- Child labour is not used
- Living wages are paid
- Working hours are not excessive
- No discrimination is practiced
- Regular employment is provided
- No harsh or inhumane treatment is used
In addition to provisions made in the ETI Base Code, Suppliers must ensure that foreign and migrant workers are engaged in compliance with immigration and labour laws in the country of employment.
Ben Sherman Australia does not condone the use of child or forced labour and does not condone human trafficking. All Suppliers are required to ensure that all reasonable efforts are employed to eliminate child labour, forced labour, the exploitation of workers and/or deceptive practices in the recruitment of workers both in their own operations, in their supplying factories and in their own supply chains, including raw materials producers. Under no circumstances should workers be required to pay fees or leave deposits to gain employment.
Where Ben Sherman Australia becomes aware of child or forced labour, or human trafficking in the supply chain, the Supplier must implement a Remediation Plan if requested by Ben Sherman Australia at its discretion which is in the best interest of the worker(s) concerned. This Plan must be developed in consultation with the Ben Sherman Australia, who will nominate a company representative to oversee implementation; the Supplier will be responsible for any costs associated with its implementation.
Suppliers must ensure the structural safety of their facilities and ensure no unsafe buildings are inhabited. Suppliers must also ensure that an Emergency Management Plan and a Workplace Safety Management System (as outlined in the Appendix) is in place and adequately communicated to their own operations and supplying factories.
Suppliers must take all reasonable measures to conduct their business activities in an ethical manner, without bribery, corruption or any type of fraudulent or unethical behavior, including during any audits conducted by, or on behalf of, Ben Sherman Australia. Suppliers must disclose any conflicts of interest between themselves and Ben Sherman Australia to Ben Sherman Australia Production Manager, who will maintain a register of conflicts.
Suppliers must make available details of business activities, structure and any other information relevant to its relationship with Ben Sherman Australia, including details of supply chain partners, subcontractors and the names and locations of facilities involved in the provision and/or manufacture of products for Ben Sherman Australia. Where this information is collected, it will be treated in confidence by Ben Sherman Australia.
The labour practices within or administered by any subcontractors or labour brokers involved in the provision of products for Ben Sherman Australia must be in line with the minimum requirements of this Code. Any homeworkers must also be afforded at least the minimum requirements of this Code. Any homeworkers, subcontractors and labour brokers in the supply chain must be disclosed to Ben Sherman Australia in order for a register to be developed and maintained.
Suppliers must comply with local and national laws related to environmental standards. Suppliers must also develop and implement a formal policy that outlines their approach to managing environmental impacts within their control.
In particular, Suppliers must manage and monitor initiatives that reduce greenhouse gas emissions, reduce impacts on natural resources, and optimise water use and provide relevant data if requested to do so by Ben Sherman Australia.
Suppliers must not use harmful materials, dyes or chemicals that have any unacceptable risk to health or the environment during production.
Suppliers must have in place formal policies and systems that align and comply with the supplier commitments outlined in this Code and must maintain adequate records to demonstrate their compliance. Ben Sherman Australia may request such documentation in the process of tracking performance again this Code and/or if Ben Sherman Australia becomes aware of a breach against this Code.
Suppliers must ensure that their own operations are compliant and that this code has been communicated to their supplying factories and along their supply chain, including to raw materials suppliers. Suppliers must also ensure that the requirements noted in this code can be upheld contractually with their own supply chain partners.
To monitor compliance to this Code, Ben Sherman Australia also reserves the right to conduct audits of any and all Suppliers and their supply chain partners involved in production for Ben Sherman Australia. Audits may occur with or without notice, shall be unrestricted and may include off-site worker interviews.
In the event that Ben Sherman Australia requests information or evidence to demonstrate compliance, Suppliers must respond within 48 hours of such requests.
Potential breaches of this Code can be reported to Ben Sherman Australia via email (email@example.com) or phone (1800 236 743). Any grievances or disputes in relation to the Code may be reported in the same manner. These reports can be made anonymously and can be made directly by workers or by Suppliers on behalf of workers by any stakeholder.
Ben Sherman Australia recognises that there may be times where our expectations are not being met and we are committed to working with our supply chain partners to achieve change over time. In the event that Ben Sherman Australia becomes aware of a breach of this Code, the Company reserves the right, atits sole discretion, to request information or evidence and take a range of remedial actions.
To reflect Ben Sherman Australia’ commitment to continuous improvement, these actio ns may initially include the requirement for the Supplier to develop and implement a Corrective Action Plan. In the event of serious breaches of the Code or non-compliance over an extended period, remedial actions may include the cancellation of orders and the termination of the business relationship, with public disclosure of the breach and the remedial actions pursued by Ben Sherman Australia.
1.1 There is no forced, bonded or involuntary prison labour.
1.2 Workers are not required to lodge deposits or their identity papers with their employer and are free to leave their employer after reasonable notice.
2.1 Workers, without distinction, have the right to join or form trade unions of their own choosing and to bargain collectively.
2.2 The employer adopts an open attitude towards the activities of trade unions and their organisational activities.
2.3 Workers representatives are not discriminated against and have access to carry out their representative functions in the workplace.
2.4 Where the right to freedom of association and collective bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.
3.1 A safe and hygienic working environment shall be provided, bearing in mind the prevailing knowledge of the industry and of any specific hazards. Adequate steps shall be taken 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.
3.2 Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers.
3.3 Access to clean toilet facilities and to potable water, and, if appropriate, sanitary facilities for food storage shall be provided.
3.4 Accommodation, where provided, shall be clean, safe, and meet the basic needs of the workers.
3.5 The company observing the code shall assign responsibilityfor health and safety to a senior management representative.
4.1 There shall be no new recruitment of childlabour.
4.2 Companies shall develop or participate in and contribute to policies and programmes which provide for the transition of any child found to be performing child labour to enable her or him to attend and remain in quality education until no longer a child.
4.3 Children and young persons under 18 shall not be employed at night or in hazardous conditions.
4.4 These policies and procedures shall conform to the provisions ofthe relevant ILO standards.
Any work by a child or young person, which does not comply with the provisions of the relevant ILO standards, and any work that is likely to interfere with that person’s education, or to be harmful to that person’s health or mental, spiritual, moral or social development.
A person under the age of 15, or below the age at which school attendance is not compulsory under local law, whichever is older.
A person under the age of 18 but not classified as a child.
5.1 Wages and benefits paid for a standard working week meet, at a minimum, national legal standards or industry benchmarks, whichever is higher. In any event wages should be enough to meet basic needs and to provide some discretionary income.
5.2 All workers shall be provided with written and understandable Information about their employment conditions in respect to wages
before they enter employment and about the particulars of their wages for the pay period concerned each time that they are paid.
5.3 Deductions from wages as a disciplinary measure shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the expressed permission of the worker concerned. All disciplinary measures should be recorded.
6.1 Working hours comply with national laws and benchmark industry standards, whichever affords greater protection.
6.2 In any event, workers shall not on a regular basis be required to work in excess of 48 hours per week and shall be provided with at least one day off for every 7 day period on average. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis and shall always be compensated at a premium rate.
7.1 There is no discrimination in hiring, compensation,accessto training, promotion, termination or retirement based on race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.
8.1 To every extent possible work performed must be on the basis of recognised employment relationship established through national law and practice.
8.2 Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting, subcontracting, or home-working arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment.
9.1 Physical abuse or discipline, the threat of physical abuse,sexualor other harassment and verbal abuse or other forms of intimidation shall be prohibited.
In addition to provisions outlined in Item 3 of the ETI Base Code, suppliers must also take all reasonable measures to develop, implement and communicate an Emergency Management Plan and a Workplace Safety Management System, as outlined below.
An Emergency Management Plan aims to ensure the safe, orderly and timely evacuation of workers in the event of an emergency. All workers must have easy and safe access to emergency exits and stairways, which should be clearly marked, unlocked and free of obstructions. Evacuation drills must be conducted an a regular basis, with trained supervisors designated to locations through the facility to ensure the safe, orderly and timely evacuation of workers. Fire extinguishers and/or fire hoses must be provided and must be inspected regularly to ensure they are in good working order. This plan must communicate that all workers have the right to remove themselves from imminent danger without first seeking permission.
A Workplace Safety Management System aims to manage any residual risks in the work environment. It should include a Workplace Safety Policy, an Injury Management and Return-to-Work Policy, Job Safety Assessments, Safe Work Method Statements and a Safety Information Management System. Personal Protection Equipment (PPE) suitable for each task must be available for workers, at no cost to workers, including protective eye wear, protective footwear, hearing protection, gloves, masks, hard hats and insulated clothing. This system should be governed by a Workplace Safety Policy, which should be signed and managed by a senior management representative. This policy must be displayed on premises.
The locations of current Ben Sherman Australia suppliers includes China, Thailand, India, Vietnam and Egypt. We will continue to keep this information updated in the instance that new suppliers are engaged.
The above code of conduct is in relation to products sourced and made for Ben Sherman Australia. There may be other products in the Australian market that are made for Ben Sherman International, for the code of conduct on these products please reference their website.