Description of issue Related actions or expectations 1225

© ISO 2007 - all rights reserved 25  Not engage in arbitrary or discriminatory dismissal practices; 1188  Contract out work only to organizations that are legally recognized or are otherwise able and willing to 1189 assume the responsibilities of an employer. This excludes labour intermediaries who are not legally 1190 recognized and other arrangements for the performance of work that do not confer legal rights on 1191 those performing the work; 1192  Accept some measure of responsibility for work done on its behalf by other organizations. In this 1193 regard, it should take steps to confirm that the organizations with which it deals, for instance suppliers 1194 and sub-contractors, are legitimate enterprises whose labour practices require that all work be 1195 performed within the appropriate legal and institutional framework; and 1196  Be aware of circumstances where socially responsible behaviour will involve requiring its suppliers and 1197 sub-contractors to respect a code of labour practice. Any code should be based on internationally 1198 recognized labour standards and respect for the rule of law. In these situations, the organization should 1199 follow good practice with respect to the implementation of such codes. 1200 1201 Box 2 The International Labour Organization 1202 The International Labour Organization is a United Nations agency with a tripartite structure governments, 1203 workers and employers that was established for the purpose of setting international labour standards. 1204 These minimum standards are applicable to workers everywhere, and are intended to prevent unfair 1205 competition based on exploitation and abuse. ILO standards are technically well informed and have the 1206 support of employers, workers and governments, whose tripartite negotiation at the global level leads to 1207 their adoption. The meaning and proper application of ILO standards have been elaborated through the ILO 1208 supervisory mechanisms, and this jurisprudence can be a source of guidance and good practice. ILO 1209 Conventions and Recommendations, together with the ILO Declaration on fundamental principles and 1210 rights at work 1998 and the ILO’s Tripartite Declaration of principles concerning multinational enterprises 1211 and social policy 1977 last revised 2006, constitute the most authoritative guidance with respect to labour 1212 practices and some other important social issues. 1213 1214

6.4.4 Labour practices issue 2: Conditions of work and social protection

1215

6.4.4.1 Description of issue

1216 Conditions of work include wages and other forms of compensation, working time, rest periods, holidays, 1217 disciplinary and dismissal practices, work-life balance and many other subjects. Many of the conditions of 1218 work are determined by national laws and regulations or by legally binding agreements between those for 1219 whom work is performed and those who perform work. The employer can determine many of the conditions 1220 of work. 1221 Social protection refers to all guarantees against the reduction or loss of income in case of employment 1222 injury, illness, maternity, parenthood, old age, unemployment, physical disability or any other financial 1223 hardship. 1224

6.4.4.2 Related actions or expectations 1225

An organization should: 1226  Confirm that the conditions of work comply with national laws and regulations and are consistent with 1227 relevant international labour standards; 1228  Respect higher levels of provision established through other applicable legally binding agreements; 1229 and 1230  Consider at least those minimum provisions defined in international labour standards, where national 1231 legislation is silent. 1232 26 © ISO 2007 - all rights reserved Based on principles established in international labour standards, an organization should: 1233  Provide decent conditions of work in respect of wages, hours of work, weekly rest and holidays, and 1234 they should not be less favourable to the workers than those offered by other comparable employers in 1235 the country and locality concerned; 1236  Provide the best possible wages and other conditions of work in accordance with national law and 1237 practice. These should be related to the economic position of the organization, but should at least 1238 satisfy the basic needs of the workers and their families; 1239  Pay wages directly to the workers concerned, subject only to any restrictions or deductions permitted 1240 by law or collective agreement; 1241  [Recognize that, within the context of the country in which it is operating, it has obligations concerning 1242 the provision of social protection for workers and should not seek to evade these obligations;] 1243  Respect the right of workers to adhere to normal or agreed working hours. Workers should be given 1244 compensation for overtime in accordance with national law and practice. When requesting workers to 1245 work overtime, an organization should be aware of the particular vulnerabilities of the workers 1246 concerned and any hazards inherent in the work. An organization should respect laws and regulations 1247 prohibiting mandatory and non-compensated overtime, and always respect the basic human rights of 1248 workers concerning forced labour; and 1249  Wherever possible allow observance of national or religious traditions and customs with respect to 1250 weekly rest. 1251

6.4.5 Labour practices issue 3: Social dialogue 1252