ADL Child Labour, Remediation and Young Worker Policy

1. INTRODUCTION
   1. This Policy is intended to help all organisations that are involved in the manufacture or supply of goods to ADL, collectively known as Suppliers, understand the steps they need to take to protect Children and to ensure compliance with the International Labour Organisation’s Conventions 138 and 182 relating to Child Labour. ADL’ Suppliers are responsible for the implementation of this policy.
   2. All cases of Child Labour including Children being victims of situations that are covered by the UK Modern Slavery Act 2015 i.e. cases of forced, indentured or trafficked labour, must be immediately reported to ADL.
2. DEFINITIONS
   1. Child – A “Child Worker” is defined as someone who has not reached their 15th birthday, or any higher age specified in local law for completing mandatory schooling or beginning full time work. However, in strictly limited circumstances, where local law sets the minimum age at 14 years, under ILO convention 138 in accordance with developing country exceptions, the lower will apply.
   2. Child Worker – a Child who is not legally entitled to work i.e. below the minimum age of employment or is under the age of 15 if this is higher.
   3. Child Labour – a general term that includes the employment of a Child Worker or a situation where a Young Worker is exposed to Hazardous Work.
   4. Employer – an Employer is a legal entity that provides any form of (permanent, casual, full or part time) work in return for remuneration and that controls and directs Workers at the workplace.
   5. Hazardous Work – any work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of Children. This includes: working with chemicals, machinery or electrics; working in confined
      spaces, at height or in excessively hot or cold conditions; being exposed to dust, fumes or loud noise; lifting or carrying heavy loads; working overtime or working at night.
   6. Young Worker – a young person who is legally entitled to work i.e. above the minimum age of employment of 15 and below the age of 18.
3. ADL’ POSITION
   1. Child Workers (below minimum age of employment, or 15 years if this is higher) must not be involved in the manufacture or supply of goods to ADL.
   2. Children (under 15) must not be permitted in production areas at any time, even if they are above the minimum age of employment. This includes the Children of Workers who live in factory accommodation and Children brought to care facilities on site.
   3. ADL supports the employment of Young Workers within its supply chain, provided that adequate precautions are put in place for their protection (see 5. Protecting Young Workers).
   4. Regardless of the minimum age of employment, no Young Worker shall be employed through a labour agent in any part of the ADL supply chain (see Migrant and Contract Worker Policy). This reinforces ADL’ position on Modern Slavery under the Modern Slavery Act 2015 under which ADL seeks to minimise the risk of Children being trafficked or employed. This requirement recognises that Children are more vulnerable than adults to exploitation. 3 V1 January 2017
   5. If Child Labour is found in a part of the ADL supply chain, ADL commits to continuing its business relationship with the Supplier and providing them with support as long as they are willing to work together to develop responsible solutions that are in the best interests of the Child including enabling access into education.
   6. ADL will send a formal letter to Suppliers that do not demonstrate  cooperation with this Policy. ADL reserves the right to discontinue sourcing if the Supplier does not demonstrate action towards an agreed remediation plan.
   7. In extreme situations, orders and payment may be placed on hold until the situation is dealt with and a remediation plan is in place.
4. SUPPLIER RESPONSIBILITIES
   1. ADL expects Suppliers to monitor their own supply chains and to contact ADL immediately if they have any concerns regarding Child Labour.
   2. Supplier prevention systems must include: Full security and monitoring (clear procedures for checking, verifying and recording the identity all visitors) of all site entrances (when facilities are open and/or accessible).
   3. Requirements of suppliers’ management systems for the prevention of Child Labour:
      1. Review and verify the authenticity of ALL employees’ ID cards thoroughly;
      2. Collate and maintain a full list of all employees, detailing employee name, department, ID card number, date of birth and date of joining;
      3. Collate a list of all Young Workers, if any.
   4. Requirements for suppliers on finding child labour:
      1. Immediately inform ADL;
      2. Collate a list of all Children;
      3. Explain the legal requirements and restrictions on working ages to the Child clearly and assure that they may be hired when they reach legal working age, should they wish to work at the factory;
      4. Understand the Child’s situation and work in partnership with ADL on a remediation programme that is in the best interests of the child (See 5.);
      5. Prevent the Child from working and ensure that the living conditions are secured (i.e. staying in the dormitory with meals provided);
      6. Support the livings of the Child through minimum wage compensation on monthly basis until legal working age so that the Child do not need to work in another factory. See Child Labour remediation programme below;
      7. Document all actions, including payslips and fare receipt;
      8. Maintain copies of ID cards of ALL employees; and
      9. Develop an age screening procedure to prevent recurrence.
   5. Suppliers must not:
      1. Threaten the Child and their family or hamper the implementation of the remediation programme;
      2. Expel any of the suspected or confirmed Child Labour;
      3. Send the Child/Children anywhere (e.g. home) without prior notice to ADL;
      4. Produce falsified records;
      5. Limit the access to reasonably requested documents or records; and
      6. Compensate the Child of their family without prior agreement with ADL. 4 V1 January 2017
   6. ADL will regard the factory as not committed to undertaking the Child Labour remediation programme if any actions under 4.5 are deemed to have been carried out. Factory must implement and complete the Child Labour remediation programme, in conjunction with ADL Ethical Trade Department.
5. CHILD LABOUR REMEDIATION PROGRAMME
   1. If Child Workers are found in the ADL supply chain, ADL will seek to work in partnership with the Supplier and appropriately qualified organisations (Local NGO) to develop a responsible solution that is in the best long-term interests of the Children. Such programmes will be based on available best practice and will seek to meet the educational, social and economic needs of the Children concerned.
   2. This framework sets out the Child Labour remediation process:
      1. ADL will pass the contact information to Local NGO regarding the Child revealed to be working in the producer;
      2. Local NGO will contact the Child and their family and arrange a visit to the family to build trust, understand the background and the needs of the Child and family, and to explain the process;
      3. Local NGO will facilitate the Child’s enrolment in a school, and monitor Child’s attendance in school;
      4. Whether the Child could be enrolled in formal education or not, Local NGO will provide the opportunity to the Child and Child’s family members, especially to other Children in the family and the mother, of participating in appropriate courses, training, workshop, and counselling sessions being provided by Local NGO in a regular basis in their community centre;
      5. Local NGO will keep contact with the Child and the family on a monthly basis until the Child reaches the working age;
      6. Local NGO will help to transfer the monthly compensation – local living wage – to the Child’s family on a monthly basis. ADL will debit the minimum wage contribution to the corresponding supplier and provide additional payments to meet the local living wage.
6. PROTECTING YOUNG WORKERS
   1. Young Workers (between the minimum age of employment and 18 years old) can be employed, provided they do not perform hazardous work and there are adequate precautions to protect them while carrying out non-hazardous work.
   2. ADL supports formal work-based training or apprenticeship programs that enable Young Workers to learn new skills. These programs must be aimed at developing Young Workers’ skills and experience and meet local legal requirements (where applicable).
   3. Young Workers must be paid at least minimum wage for every hour worked including any training time. Supplier responsibilities:
   4. Management Systems
      1. Factories must have effective systems in place to check the ages of all Workers on site. Factory management must check and hold copies of official documentation that verify the date of birth for every Worker. This documentation must show that the Worker is legally old enough to work;
      2. Factory management must have training/understanding of how to check the validity of documentation (i.e. that documents are genuine and not out of date) and ensure it belongs to the Worker;
      3. If official date of birth documents are not available (e.g. because the Government does not issue such documents) the Worker’s age must be established using other available methods; 5 V1 January 2017
      4. In addition to hazardous work restrictions, ensure full compliance with local requirements relating to additional restrictions on work that can be done by Young Workers;
      5. Conduct specific Young Worker risk assessments to identify any hazardous work or conditions and put systems in place to ensure Young Workers are protected.
   5. Hazardous work
      1. If a Young Worker is found to be doing hazardous work, the Supplier must:
         1. Immediately remove the Young Worker from the hazard;
         2. Continue to employ the Young Worker without any reduction in pay or benefits;
         3. Carry out a detailed risk assessment to establish work that the Young Worker can do safely;
         4. Establish sufficient management systems and training to ensure that the Young Worker follows safe systems of work and avoids all forms of hazardous work. CONTACTS For further information please contact j.warrilow@adlworks.co.uk