PA10: No Precarious Employment
No precarious employment means that:
- Employment terms do not cause insecurity for the worker
- Employment contracts provide social security
- Temporary or seasonal contracts, apprenticeship schemes, and subcontracting are not used to avoid the law
PA10: No Precarious Employment
10.1 The Auditee's Employment Relationships do not cause Insecurity for the Workers
to ensure that terms of employment provide legal protection to workers
Cause of insecurity: no security, seasonal contracts instead of permanent, recruitment and dismissal practices
Temporary workers: ... usually defined by law, if not, workers hired on rolling contracts or when workers know in advance they will be out of employment after days, week or months, are considered temporary.
Homeworkers: ... has specific protocols and systems to monitor and guarantee homeworkers ...
PA10: No Precarious Employment
10.1 The Auditee's Employment Relationships do not cause Insecurity for the Workers
Probation period: ... It normally includes the notice periods to terminate the employment relationship. They are normally associated with special periods of notice for termination, while other obligations such as the remuneration and social security ...
Good practices: The auditee works against work instability by having:
Fair recruitment
processes, remuneration, hours of work, disciplinary measures, promotions, trainings, and termination, temporary
job arrangement, valid probation periods, not using fix contracting based on the marital or pregnancy status of
women
PA10: No Precarious Employment
10.2 The Auditee engages Workers based on recognized and documented Employment Relationships
... to ensure that terms of employment are clear and according to the law.
Recognized:... in compliance with national legislation, custom or standard practice, and ...
Documented: The work relationship is supported by documented proof that workers are made aware of their rights and obligations (e.g., work contracts and posters that indicate working rules)
Indirect recruitment: must has a good overview of how the recruitment agency engages workers ...
PA10: No Precarious Employment
10.3 The Auditee provides Workers with understandable Information before entering into Employment
... to ensure that workers are aware of the rights and obligations the work demands from them.
Information provided to workers must be:
understandable, timely, accurate:
- working hours
- trainings
- resting periods and holidays
- remuneration and terms of employment
- social benefits
- grievance mechanism
PA10: No Precarious Employment
10.4 CRUCIAL QUESTION: The Auditee does not use Employment Arrangements in a way that deliberately conflicts with the genuine Purpose of the Law
... to ensure that terms of employment correspond to the real purpose. They are not created to avoid the law. The producer must avoid:
- Apprenticeship schemes with no intention to develop skills or provide regular employment
- Seasonal or contingency work that is used to undermine workers' protection
... avoid being directly or indirectly involved in:
Labour-only contracting, Workers'
subcontracting, Contract substitution
PA10: No Precarious Employment
Required Documents
- Employment contracts and/or posters where workers' rights and obligations are displayed
- Recruitment records as well as addition and dismissal procedures
- Overview of subcontractors
- Overview of apprenticeships granted in the company
- Overview of seasonal workers
