SA 8000 remedy procedure | Euro Stampaggi SpA | Hot Forging - Zamak Die Casting

Remedy for child labour and young workers

PURPOSE

Define responsibilities and operating procedures to ensure that work activities do NOT employ children and that young workers who may be present are used in compliance with the applicable laws and in accordance with the requirements of SA 8000.

FIELD OF APPLICATION

This procedure applies to Euro Stampaggi, its suppliers and sub-suppliers.

DEFINITIONS

Child: Any person under 15 years of age, except in cases where local laws concerning minimum age establish a higher age for the performance of work or compulsory school attendance, in which case the relevant age is the one that applies locally.
Young Worker: Any worker over the age of a child as defined above and below 18 years.
Child Labour: Any work by a child younger than the age specified in the definition of a child above, except as provided by the ILO 146 Recommendation.

DESCRIPTION OF THE ACTIVITIES

Article 37 of the Constitution provides that the law establishes the minimum age for paid work and this limit is governed by Art. 3 of Italian Law no. 977/1967, amended by Art. 5 of Italian Legislative Decree no. 345/1999: “The minimum age for employment is set at the time when the child has completed the period of compulsory education, and in any case is not less than 15 years old.” The applicable principle rules that the minimum age for admission to employment may not be less than the age at which schooling obligations cease. This principle was expressed by the 2007 Finance Act (Law 296/2006), in particular where it states that the extension of compulsory education to at least 10 years results in an increase from 15 to 16 years of age for access to employment for minors.
At the time of recruitment, the Personnel Department is responsible for verifying the age of candidates to ensure they are at least 18 years old. At the same time, it also verifies the fulfilment of schooling obligations by requesting the appropriate documentary evidence issued by the schools. This procedure ensures that there are no children or young workers who have not fulfilled the schooling obligations in force at the time of recruitment, or young workers of any other kind.
For more details, please refer to the procedures for Selection and Recruitment of Personnel (PRO-11 and PRO-12).
If Euro Stampaggi, following any audits at suppliers, or through any other source of information, becomes aware of the use of child labour (under 16); RSGA opens a non-compliance (as indicated in the related procedure) and immediately notifies the Management, the Purchasing Office and the Logistics Office.
The remedial actions if child labour is being employed (in addition to stopping the employment of the child in the shortest time possible) are the following:
Have the supplier or sub-supplier hire a member of the child’s family.
Hire at Euro Stampaggi a member of the child’s family (also involving economically the supplier and/or sub-supplier).
Provide (in collaboration with the supplier or sub-supplier) a subsidy to the child, including economic in nature, in order to enable them to attend at least the compulsory education (10 years) and at least until reaching 16 years of age. Monitor school attendance, involving the parents (if any) and any social workers.
Ensure that the child continues to attend school regularly, taking on or requiring the supplier/sub-supplier to take on the financial commitment to cover all the necessary expenses for school attendance (eg. tax, purchase of books and other expenses).

Involve social workers, volunteer associations, etc., that can assist in monitoring the situation of the child and family.
Immediate suspension of relations with the supplier/sub-supplier with suspension of payments until implementation/completion of the remedial action.

The remedial action to be taken, among those listed or all of those listed, is decided according to the specific situation. The resolutions to be taken are decided by Senior Management, RSGA, the SA8000 Workers’ Representative, the supplier/sub-supplier, the child’s parents and, if involved, the representatives of local governments, agencies or institutions.
The remedial action agreed with the supplier/sub-supplier represents a corrective action for the detected non-compliance.
RSGA has the task of monitoring the implementation and conclusion of the decided remedial action.
If Euro Stampaggi, following any audits at suppliers, or through any other source of information, becomes aware of the use of young workers (workers of at least 16 years of age) who have not fulfilled their schooling obligations; RSGA opens a non-compliance (as indicated in the related procedure) and immediately notifies Management, the Purchasing Office and the Logistics Office.
The remedial actions for employing a young worker who has not fulfilled their schooling obligations (in addition to stopping as soon as possible the employment of the young worker), are the following:
Hire at Euro Stampaggi a member of the minor’s family (also involving economically the supplier and/or sub-supplier).
Have the supplier or sub-supplier hire a member of the minor’s family.
Provide (in collaboration with the supplier or sub-supplier) a subsidy to the minor, including economic in nature, in order to enable them to attend at least the compulsory education (10 years). Monitor school attendance, involving the parents (if any) and any social workers.

Ensure that the minor continues to attend school regularly, taking on or requiring the supplier/sub-supplier to take on the financial commitment to cover all the necessary expenses for school attendance (eg. tax, purchase of books and other expenses).
Involve social workers, volunteer associations, etc., that can assist in monitoring the situation of the minor and family.
Immediate suspension of relations with the supplier/sub-supplier with suspension of payments until implementation/completion of the remedial action.

If Euro Stampaggi, following any audits at suppliers, or through any other source of information, becomes aware of the use of young workers (workers of at least 16 years of age) who have fulfilled their schooling obligations; RSGA must ensure that the minor:

Is employed with a regular apprenticeship contract
Does not perform heavy work
Works in safe conditions and is not exposed to situations that are dangerous, risky or harmful to their physical and mental health and to their development
Does not come in contact with hazardous equipment
Does not work for more than 8 hours per day
Does not work during night shifts
The risk for the minor has been evaluated in the DVR
All the requirements set in the DVR have been applied

This assessment must be performed through an unscheduled audit at the supplier/sub-supplier as defined in the related procedure (PRO-05). In the event that the assessment performed at the supplier/sub-supplier reveals non-compliance with even just one item (see list above), RSGA must open a non-compliance (as indicated in the procedure PRO-06) and immediately notify Management, the Purchasing Office and the Logistics Office.

The remedial actions prescribed in this case are the following:

Bring the employment relationship into compliance with current regulations (apprenticeship);
Enforce the current regulations concerning child labour (hours, safety, type of work allowed, etc.);
Immediate suspension of relations with the supplier/sub-supplier with suspension of payments until implementation/completion of the remedial action.