Saying no to child labor

Generally speaking, producers in high-risk countries run the risk of child labor exploitation. This problem is also seen in textile production time after time. However, due to the highly technical and complex manufacturing processes required, the risk in the outdoor gear sector is classified as very low because qualified and experienced employees are needed.

Moreover, the risk in China and Vietnam – VAUDE’s primary production countries - is not as high as in Bangladesh and India for example – two countries in which child labor is still very widespread.

The Fair Wear Foundation (FWF) prohibits child labor in its Code of Labour Practice. Our production facilities are monitored regularly in audits.

In 2014 an audit took place at our Turkish production facility which employed Syrian refugee children under 15 years of age. In addition, young workers 16 to 18 years of age were employed as seasonal workers in three factories in Vietnam.

In three facilities in Vietnam, teenagers between 16 – 18 years of age were employed as seasonal workers. According to the current Vietnamese Youth Protection Act, the minimum age for employment is 16. In addition, employment of minors is subject to special conditions, for example, additional health checks are imposed. In one facility these conditions were not fully met. The Fair Wear Foundation instructed the producer to fully meet its obligations in accordance with a Corrective Action Plan within two months.

Moreover, it was also noted that there was no clear procedure for the employment of young workers in all three facilities. The Fair Wear Foundation addressed this in accordance with local legislation and supervised implementation.

Since the start of fighting in Syria, the number of refugees coming into Turkey has increased. The Turkish government is making efforts to help the refugees. However, due to the ever-increasing number of refugees, the Turkish and the international aid has not kept up with the growing needs.

 
In addition and making matters worse, not only is the number of refugees increasing on a daily basis, the length of their stay is also increasing. For this reason, many Syrian families are trying to earn their livelihood in Turkey itself.

As a result, the risk of Syrian refugees working in production facilities and thereby violating the Fair Wear Foundation’s Code of Labour Practice for the following issues is correspondingly high:

• Employment of Syrian refugee children
• Discrimination of undocumented refugees (due to non-compliance with the minimum wage, social security and bypassing other legal requirements.)
• Producers subcontracting work with ‘hidden’ factories, where refugees are working in unhealthy and dangerous conditions.

In Turkey, employment of children younger than 15 years of age is prohibited.
Workers aged 15 to 18 can be employed only under special conditions.

• no overtime
• work must not interfere with school
• no excess of a 40-hour work week

All workers have a legal right to a legally binding employment contract as well as related provisions such as social security, healthcare or severance payments.

A number of international treaties state that no discrimination may take place in employment on the bases of race, color, sex, religion, political opinion, national extraction or social origin and remuneration must be equal. Guest workers and migrant workers have the same rights as any other workers. This means that it is never acceptable to offer undocumented refugee workers lower pay, unsafe conditions or to otherwise discriminate against them.

The Fair Wear Foundation requires, in general, the payment of a living wage. In the case of Syrian refugees, immediate compliance with local laws on minimum wages for all employees is required.

When production facilities subcontract with companies against the agreement of the production facility and the Fair Wear Foundation, the risk of refugees working in dangerous circumstances increases.

Because the issues in this situation are complex and cannot be solved in the foreseeable future, the Fair Wear Foundation has developed specific guidelines for its members that produce in Turkey or are planning to do so. The principle of avoidance and prevention is paramount. This already starts with the selection of the producers. These guidelines include child labor, safe working conditions and the payment of prescribed wages. If it should become known that a facility is not meeting these guidelines, it is prompted to adjust the wages immediately and implement the rules of the working conditions of VAUDE and the Fair Wear Foundation. Of course, implementation will be reviewed in a timely manner.

In 2014 an audit took place at a producer who not only works for VAUDE, but for two other members of the Fair Wear Foundation. It became clear that this producer was not meeting the standards of the Fair Wear Foundation. Unauthorized subcontractors were engaged without contracts. These subcontractors employed Syrian refugees younger than 15 years old.

Immediately after the audit, a meeting took place between the Turkish producers, the Fair Wear Foundation, VAUDE and the other two members of the Fair Wear Foundation in Turkey.

The guidelines of the Fair Wear Foundation rightly prohibit immediate termination of business relationships with the producer when problems are found. Instead, the members of the Fair Wear Foundation strive constantly to solve problems together with the producers. Only when the solution attempt fails is termination of the business relationship considered.

In any case, the Fair Wear Foundation’s Child Labor Policy guidelines have to be implemented, which state that children must be removed from the workplace, and enrolled in school. So that families can cope financially without their children having to work, they receive financial support until the children have reached the age at which they are allowed to work.

The present case involved five children aged 12 to 14.
The Turkish producer, VAUDE, and the two other member companies of the Fair Wear Foundation have committed themselves to providing support for the children until they have reached the age of 15.

This means that:

• we jointly ensure that the children attend school
• we jointly take care of the financial support of the parents until the children are 15 years old. The support will be allocated between the three FWF member companies and the producer.
• We will ensure that the school education of the children will be supervised and monitored.

It is important to us that the payments, the verification of school attendance and the implementation of all the measures set out occur in the intended time periods. The Fair Wear Foundation is instrumental in monitoring and facilitating the measures.

As a result of these experiences, during the round of Brand Performance Checks that will be conducted starting in January 2016 particular attention will be paid to corresponding human rights risk mitigation efforts in Turkey.

This should help raise awareness of members and producers of their responsibilities to this and similar situations.