(2013) Better Work Haiti: 7th Biannual Synthesis Report

- 1 - Better Work Haiti: Garment Industry 7 th Biannual Synthesis Report Under the HOPE II Legislation Produced on 16 October 2013 Better Work Haiti is supported by the US Department of Labor Funding for additional activities is provided by the Labour Program of Human Resources and Skills Development Canada - 2 - Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) (2013) First published (2013) Publications of the ILO enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the ILO, acting on behalf of both organizations: ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: pubdroit@ilo.org. The IFC and ILO welcome such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data Better Work Haiti : garment industry 7 th biannual synthesis report under the HOPE II legislation / International Labour Office ; International Finance Corporation. - Geneva: ILO, 2013 1 v. ISSN 2227-958X (web pdf) International Labour Office; International Finance Corporation clothing industry / textile industry / working conditions / workers rights / labour legislation / ILO Convention / international labour standards / comment / application / Haiti 08.09.3 The designations employed in this, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org Visit our website: www.ilo.org/publns - 3 - Acknowledgements Better Work Haiti is supported by the US Department of Labor. Funding for additional activities is provided by the Labour Program of Human Resources and Skills Development Canada. The Better Work global programme is supported by the following institutions (in alphabetical order):  Australian Government  Levi Strauss Foundation  Netherlands Ministry of Foreign Affairs  State Secretariat for Economic Affairs, Switzerland (SECO)  United States Council Foundation (funds provided by The Walt Disney Company) This publication does not necessarily reflect the views or policies of the organizations or agencies listed above, nor does mention of trade names, commercial products, or organizations imply endorsement by them. - 4 - Table of Contents List of Acronyms ........................................................................................................................... 5 Section I: Introduction and Methodology ...................................................................................... 7 1.1 Structure of the report .................................................................................................................. 7 1.2. Context ......................................................................................................................................... 8 1.3. The Better Work compliance assessment methodology ........................................................... 10 Section II: Findings ..................................................................................................................... 14 2.1. Compliance Assessment Findings (7th round of assessments) .................................................. 14 2.2. Detailed Findings ........................................................................................................................ 16 1. Core labour standards ........................................................................................................... 16 2. Working conditions ............................................................................................................... 17 2.3. Compliance effort ....................................................................................................................... 24 Section III: Better Work Haiti Advisory Services and Training ....................................................... 30 3.1 Better Work Haiti Advisory Services ...................................................................................... 30 3.2 Better Work Haiti Training Services ...................................................................................... 31 3.3 Related activities ................................................................................................................... 31 Section IV: Conclusions and Next Steps ....................................................................................... 33 4.1 Conclusion ............................................................................................................................. 33 4.2 Next Steps .................................................................................................................................... 33 Section V: Factories in Detail ...................................................................................................... 35 5.1 List of factories ............................................................................................................................ 35 5.2. Findings from the factories ........................................................................................................ 36 Factory Tables………………………………………………………………………………………… ……………………………… ..37-134 Annex 1. HOPE II Legislation Reporting Requirements…………………………………………………………… …….135 - 5 - List of Tables and Charts In Focus 1 Social Security and Other Benefits ....................................................................................... 18 In Focus 2 Dialogue, Discipline and Disputes ........................................................................................ 19 In Focus 3 Chemicals and Hazardous Substances ................................................................................. 19 In Focus 4 Emergency Preparedness ..................................................................................................... 20 In Focus 5 Health Services and First AId ................................................................................................ 20 In Focus 6 OSH Management Systems .................................................................................................. 21 In Focus 7 Welfare Facilities .................................................................................................................. 21 In Focus 8 Worker Protection ................................................................................................................ 22 In Focus 9 Working Environment .......................................................................................................... 22 In Focus 10 Overtime ............................................................................................................................ 23 Chart 1 Non-compliance rate ............................................................................................................... 15 Chart 2 Compliance Effort .................................................................................................................... 25 Chart 3 Changes in Non-compliance, Octboer 2010-October 2013 ..................................................... 27 Table 1: Better Work compliance assessment framework ................................................................... 11 Table 2: Number of workers in factories registered to Better Work Haiti ............................................ 35 Table 3: List of factories in the Haitian garment sector ........................................................................ 35 - 6 - List of Acronyms ADIH Association des Industries d’Haïti (Haitian Industry Association) CAOSS Conseil d’Administration des Organismes de Sécurité Sociale (Social Security Institutions Advisory Committee) CATH Centrale Autonome des Travailleurs Haïtiens (Haitian Workers Central) CFOH Confédération des Forces Ouvrières Haïtiennes (Haitian Workforce Confederation) CNOHA Centrale Nationale des Ouvriers Haïtiens (Haitian Workers National Central) CODEVI Compagnie de Développement Industriel (Industrial Development Company) CP Compliance point CSS Conseil Supérieur des Salaires (Wages High Council) CTH Confédération des Travailleurs Haïtiens (Haitian Workers Confederation) CTMO-HOPE Commission Tripartite de Mise en œuvre de la loi HOPE (Tripartite HOPE Commission) EA Enterprise Advisor HELP Haiti Economic Lift Program HOPE Haitian Hemispheric Opportunity Through Partnership Encouragement ITUC International Trade Union Confederation MSDS Material Safety Data Sheet MOISE Mouvement des Organisations Indépendantes Intégrées aux Syndicats Engagés (Movement of Independent Organisations integrated to Committed Unions) MAST Ministère des Affaires Sociales et du Travail (Ministry of Labour and Social Affairs) OFATMA Office d’Assurance de Travail, de Maladie et de Maternité (Office for Work, Health and Maternity Insurance) ONA Office Nationale d’Assurance Vieillesse (National Office for Old-Age Insurance) OSH Occupational safety and health PAC Project Advisory Committee PICC Performance Improvement Consultative Committee PPE Personal Protective Equipment SC/AFL-CIO Solidarity Center/American Federation of Labour - Congress of Industrials Organisations TAICNAR Technical Assistance Improvement and Compliance Needs Assessment and Remediation USDOL United States Department of Labor - 7 - Section I: Introduction and Methodology Better Work Haiti, a partnership between the International Labour Organization (ILO) and the International Finance Corporation (IFC), was launched in June 2009. The programme aims to improve the working conditions and competitiveness of the apparel industry by increasing respect of the Haitian labour code and of the ILO Declaration on Fundamental Principles and Rights at Work and strengthening economic performance at the enterprise level. Better Work Haiti targets the apparel industry in Haiti, especially in the capital Port-au-Prince and in the north-east region of the country. In 2012, total export revenues from the textile and garment industry accounted for 91% of national export earnings and 9% of national GDP. The apparel industry is also among the largest employers within Haiti, creating jobs for over 30,000 people. Most workers are women (63%) who support a number of family members. The programme assists participating factories by conducting independent compliance assessments and providing advisory services and training. This report presents the results of assessments conducted between May and August 2013 in 23 participating factories, which in turn form the basis for customized advisory services. As part of its mandate to share information with all stakeholders in the programme and encourage continuous improvement, Better Work Haiti produces twice yearly synthesis reports aggregating information on the performance of all participating factories in the period. 1.1 Structure of the report This is the seventh report to be produced by Better Work Haiti in the framework of the HOPE II legislation. This synthesis report provides an overview of the working conditions of 23 factories during the period May–August 2013. Twenty-one of these factories were included in the sixth synthesis report published in April 2013. All factories were assessed more than once by Better Work Haiti. The first section of this report gives an overview of the HOPE II legislation and the origin of the Better Work programme in Haiti. This section also includes an explanation of the Better Work methodology, including the reports produced in the framework of the Better Work programme and the HOPE II legislation. The second section of the report outlines the compliance assessment findings from the seventh round of factory assessments, conducted between May and August 2013. This section includes an analysis of compliance effort since the previous synthesis report, as well as changes in compliance with international labour standards and with national labour law since October 2010.The third section of the report describes Better Work Haiti advisory and training services in the period from March 2013 to August 2013. The fourth section of the report outlines the priorities of the Better Work Haiti programme in the upcoming months. Finally, the last section of the report describes the efforts made by the factories to correct the compliance needs identified in the Better Work Haiti compliance assessments. As required by the HOPE II legislation, information provided for each of the participating factories includes: compliance needs for each compliance cluster and each compliance point; details of non- compliance; improvement priorities; efforts made by the factory to remedy the compliance needs as verified in the seventh assessment visit; and with respect to non-compliance areas that have not been remediated, the amount of time that has elapsed since the non-compliance was first reported publicly. - 8 - 1.2. Context The HOPE II legislation and the TAICNAR project The United States Congress enacted the HOPE II legislation in 2008 to enable the Haitian textile and garment industry to benefit from customs exemptions and establish a new programme for strengthening and monitoring working conditions in the textile and garment sector. On 24 May 2010, the Haiti Economic Lift Program of 2010 (HELP Act) was signed into law, expanding the Caribbean Basin Economic Recovery Act and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 (HOPE II) to contribute to Haiti’s economic growth and development. Among its provisions, the HELP Act extended the HOPE trade preference program until 2020, and expanded the tariff preference level limits for knit and woven apparel. The HOPE II legislation allows for duty-free entry into the United States for a limited number of garments imported from Haiti, provided that 55% of the value of the goods and/or the costs of processing the garments originates in Haiti, the United States, or another country that has a free- trade agreement with the United States. This percentage will increase to 60% in the 5th year of implementation. In order to benefit from HOPE II/HELP, Haiti was required to establish an independent Labour Ombudsman appointed by the President of the Republic in consultation with the private sector and the trade unions. Haiti was also required to work with the International Labour Office (ILO), to develop a programme to assess and promote compliance with core labour standards and national labour law in the factories that are eligible for tariff advantages under HOPE II. This was referred to in the legislation as the Technical Assistance Improvement and Compliance Needs Assessment and Remediation (TAICNAR) programme. Finally, Haiti needed to develop a mechanism for ensuring that all producers benefiting from the HOPE II trade preferences participated in the TAICNAR programme. There are two components to the TAICNAR programme. The first of these consists of technical assistance to strengthen the legal and administrative structures for improving compliance in the industry. The scope of these services is extensive, encompassing technical assistance from the ILO in reviewing national laws and regulations to bring them into conformity with international standards, raising awareness of workers’ rights, and training labour inspectors, judicial officers and other government personnel. The second element of the TAICNAR programme focuses on assessing compliance with core labour standards and national labour law, supporting remediation efforts, and publicly reporting on the progress of each factory on the Labour Ombudsman’s register. To encourage compliance with core labour standards and national labour law, the legislation indicates that preferential treatment may be withdrawn, suspended, or limited by the President of the United States from producers who fail to come into compliance with the core labour standards and national labour law that is related and consistent with those standards. Better Work Haiti, which is a partnership of the ILO and the International Finance Corporation (IFC), is implementing the TAICNAR programme in collaboration with the Labour Ombudsman and the HOPE Commission, a presidential tripartite commission comprising three members of the Haitian government, three members of the Haitian private sector and three members of national workers’ organizations. It is supervised by a President and guided by an Executive Director. Today, the HOPE Commission and the Labour Ombudsman serve as Better Work Haiti’s Project Advisory Committee according to the HOPE II Legislation (Section 15403, Article 3, Paragraph C alinea ii). - 9 - Recent Developments This section of the report presents the changes and developments that have occurred during the last six months and have an impact on the Better Work Haiti programme.  On the occasion of the Better Work Haiti Buyers’ Forum in June 2013, the Minister of Social Affairs and Labour, Mr. Charles Jean Jacques, announced in his opening speech his commitment to the creation of the Conseil Supérieur des Salaires (CSS). The Council was then established by presidential decree on 26 June 2013. The CSS, as planned in the Minimum Wage Law, is a tripartite committee with the responsibility of making proposals to MAST as to whether the minimum wage should be revised or not. On 29 August, the President of Haiti officially nominated the members of the CSS and the members of the Conseil d’Administration des Organismes de Sécurité Sociale (CAOSS). The CAOSS will act as the supervisory authority to the Haitian social security institutions (ONA, OFATMA). 1 Both commissions are warmly welcomed by the International Labour Organization.  A new free trade zone has been inaugurated in Carrefour earlier this year. The two buildings in this free trade zone are rented out to a Korean garment manufacturer, Yu-Jin Apparel Co. Ltd., that has signed a memorandum of understanding (MoU) with the owner of the free trade zone. Production is planned to start before the end of 2013. Freedom of association in the Haitian garment industry As mentioned in previous reports, the Haitian labour movement benefits from the support of two international trade union organizations, namely Solidarity Center/AFL-CIO and the International Trade Union Confederation (ITUC). ITUC is mainly working with their Haitian affiliates, Confédération des Travailleurs Haïtiens (CTH) and Coordination Syndicale Haïtienne (CSH) (both members of the CTMO-HOPE) and Confédération des travailleurs des secteurs public et privé (CTSP), a public service union. Solidarity Center/AFL-CIO is primarily assisting the unions in the apparel sector. At the time of writing this report, 17 unions are present in the apparel factories. These unions are affiliated to 6 federations/confederations. More than 50% of apparel factories in the country now have a union presence. Social Dialogue The Social Dialogue Roundtable created by representatives of the employers, unions, government, ILO and Better Work Haiti in July 2012 creates a space for exchange, consultation and negotiation to harmonize relations between employers and workers' organizations. In the reporting period, the members of the Social Dialogue Roundtable met four times. The main focus has been the writing of the MoU that defines the terms and conditions of the Roundtable. The MoU has now been finalized 1 The members of the CSS are: Ms Marie France H. Mondésir, Mr Renan Hédouville, Mr Daniel Altiné (government representatives); Ms Norma Powell, Mr Jean Dany Pierre François, Mr Réginald Boulos (employer representatives); and Mr Jean Bonald Golinsky Fatal, Mr Jean Franck Noisimond, Mr Louis Fignolé St Cyr (worker representatives). The members of the CAOSS are: Mr Volmy Desrameaux Fils, Ms Tamara Georges Decastro, Mr Réginald de Delva, (government representatives); Mr Nahomme Dorvil, Ms Nathalie Hermantin, Mr Gérald Marie Tardieu (employers representatives); and Mr Leonel Pierre, Mr Wisler Romain, Ms Yvane Elie Castera (well known under the name of Yannick Etienne) (workers representatives). - 10 - and translated into Creole. An official signing event is planned for fall 2013, after which the members will nominate their representatives to the Secretariat. The social partners have brought to the table various issues of concern for the industry, such as the limited access for trade union leaders’ to meet with workers in the industrial parks, falsification of medical certificates by some workers, dismissals of shop stewards and/or committee members, etc. The meetings are held with the willingness of all partners to openly discuss the issues. It should be noted that with the assistance and collaboration of ITUC and Solidarity Center/AFL-CIO, the national trade unions are coming to the meetings better prepared and speaking with one voice, which has further reinforced their participation on equal terms with all other partners. Additional assistance and training will continue to be provided. Labour law reform In June 2013, a first draft of the Labour Code was completed by the International Expert on the basis of contributions received from MAST, employers’ and workers’ representatives as well as ILO inputs based on international labour standards and best practices of comparative labour law. On 8-12 July 2013, a mission to Haiti was undertaken by the ILO and the International Expert to hand-deliver the first draft of the labour code and to talk each group through its content. Tripartite discussions on the first draft of the labour code were originally foreseen in August 2013. However, following a request from the Trade Unions representatives to have more time to prepare their position on the draft Labour code, it was decided to postpone the tripartite meeting to 8-18 October. The objective of this meeting is to review the first draft labour code and finalize a text that is supported by Haitian social partners. The tripartite meeting will also contribute to strengthening emerging social dialogue between Haitian partners. The next steps will include the preparation of a technical Memorandum that will explain the rationale of the draft code and will contain the final text that emerged out of the tripartite meeting. The Technical memorandum will serve as a basis for the submission of the draft labour code to the Cabinet and to the Parliament for its adoption. A new project would be needed to ensure adoption and implementation of the Labour Code in a second stage. 1.3. The Better Work compliance assessment methodology Better Work compliance assessment framework The Better Work programme assesses factory compliance with core international labour standards and national labour law. Following assessments, a detailed report is shared with the factory presenting findings on eight clusters, or categories, of labour standards, half of which are based on international standards and half on national legislation. Core labour standards: The ILO Declaration on Fundamental Principles and Rights at Work, adopted in 1998, calls upon Member States to respect and promote these principles and rights in four areas, whether or not they have ratified the relevant conventions. These categories, or clusters, are: freedom of association and collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in employment and occupation. The conventions on which the 1998 Declaration is based are Nos. 29, 87, 98, 105, 100, 111, 138, 182, and they form the reference base in assessing factory compliance with fundamental rights for all the Better Work programmes in various countries. For some issues, such as minimum legal working age, provisions in national law specify requirements for the application of international conventions. If national law is not consistent with international standards pertaining to core labour standards, the - 11 - international standards are applied. Haiti has ratified all eight core Conventions listed above. According to the Haitian Constitution, ratified conventions become self-executing and therefore part of Haitian law. Working Conditions: The four other clusters assess conditions at work, including compensation, contracts and human resources, occupational safety and health, and working time. The compliance points covered in these clusters are largely consistent across countries; however each compliance point contains specific questions that may vary from country to country due to differences in national legislation. National legislation is used as a reference point even if it is not in accordance with the international conventions that have been ratified by the country. In countries where national law either fails to address or lacks clarity around a relevant issue regarding conditions at work, Better Work establishes a benchmark based on international standards and good practices. Table 1: Better Work compliance assessment framework Compliance clusters Compliance Points Core Labour Standards 1 Child labour 1. Child Labourers 2. Unconditional Worst Forms 3. Hazardous Work 4. Documentation and Protection of Young Workers 2 Discrimination 2 5. Race and Origin 6. Religion and Political Opinion 7. Gender 3 Forced Labour 8. Coercion 9. Bonded Labour 10. Forced Labour and Overtime 11. Prison Labour 4 Freedom of Association and Collective Bargaining 12. Freedom to Associate 13. Union Operations 14. Interference and Discrimination 15. Collective Bargaining 16. Strikes Working Conditions 5 Compensation 17. Minimum Wages, 200 Gourdes 18. Minimum Wages: Piece Rate, 300 Gourdes 19. Overtime Wages 20. Premium Pay 21. Method of Payment 22. Wage Information, Use and Deduction 23. Paid Leave 24. Social Security and Other Benefits 6 Contracts and Human Resources 25. Employment Contracts 26. Termination 27. Dialogue, Discipline and Disputes 28. Contracting Procedures 7 Occupational Safety and Health 29. OSH Management Systems 30. Chemicals and Hazardous Substances 31. Worker Protection 32. Working Environment 33. Health Services and First Aid 34. Welfare Facilities 35. Worker Accommodation 36. Emergency Preparedness 2 In Better Work country-specific questionnaires, a compliance point “Other Grounds” may be included under the Discrimination cluster. This category is intended to assess specific discrimination issues that are covered in national labour law, and are considered to be aligned with the objectives of the relevant ILO conventions (100 and 111), but which are not explicitly named in the conventions, e.g., age, HIV/AIDS status, disability, etc. The questionnaire for Haiti does not include the “Other Grounds” compliance point because the Haitian labour law does not identify grounds for discrimination beyond those cited in Conventions 100 and 111. - 12 - 8 Working Time 37. Regular Hours 38. Overtime 39. Leave Calculating non-compliance In public synthesis reports, Better Work reports on aggregate non-compliance in the participating industry as shown in Chart 1. Non-compliance is reported for each subcategory (compliance point, or “CP”) of the eight main labour standards clusters. A factory is reported as non-compliant in a subcategory if it is found to be out of compliance on any issue addressed within the subcategory. With respect to the figures presented in synthesis reports, for example, a non-compliance rate of 100% means that all participating factories were found to have at least one violation in that area. The non-compliance rate does not sufficiently describe the specific issues that Enterprise Advisors (EAs) observe during assessments. In order to address this, tables presenting non-compliance findings in more detail are also presented in Section II (see “In Focus” tables). These tables allow the reader to fully appreciate specific challenges in compliance identified in factory assessments. In Focus tables report the number of factories found to be non-compliant with respect to each highlighted question. Better Work and public reporting The Better Work programme supports fair and transparent public reporting. In all Better Work country programmes, synthesis reports on the industry are prepared on the basis of the individual factory assessment reports and published twice a year. Evidence shows that public reporting of this kind helps encourage continuous improvement and reduces the probability of reversing compliance gains. Gathering and reporting these data over time enables factories to demonstrate their efforts to improve working conditions. In July 2010, Better Work Haiti published an initial compliance synthesis report, which featured aggregated compliance information based on factory assessments conducted by the programme between October and December 2009. In October 2010, Better Work published its first Biannual Report under the HOPE II legislation, the first report produced under the requirements of the legislation (see Annex 1). Subsequently, Better Work Haiti produced the second (April 2011), third (October 2011), fourth (April 2012), fifth (October 2012) and sixth (April 2013) Biannual Reports, as required by the HOPE II legislation. The current report includes aggregate industry compliance data, as well as detailed factory-level analysis of compliance needs, priorities for remediation identified by the factory and efforts made to address compliance needs. 3 Limitations in the assessment process The factory-level assessments carried out by Better Work Haiti follow a thorough checklist of more than 250 questions covering the abovementioned labour standards. Information is gathered through a variety of sources and techniques, including document review, observations on the shop floor, and interviews with managers, workers and union representatives. The information collected is complied 3 Reports produced under the HOPE II legislation differ in two ways from Better Work public reporting elsewhere: they include (1) factory names and compliance information from the first assessment (other Better Work country programmes name factories after one year of engagement and two assessments); and (2) more details on compliance needs and factory remediation efforts. - 13 - and analyzed to produce a detailed assessment report. Before the reports become official, factories are given seven days to provide feedback. Worker interviews conducted during the assessment process are held onsite, either in a private room within the factory building or outside the building (yard, eating area), and take place either in small groups or individually. Interviews are conducted in Creole, the primary language of the workers. Many workers are suspicious and feel uneasy about sharing information on their workplaces with people who are not well known to them. Nevertheless, after seven assessments conducted over several years, Better Work Haiti EAs have become more experienced at collecting information and interviewing workers, which together with others activities led by Better Work Haiti have contributed in creating an environment where workers are more comfortable discussing working conditions. Interviews with workers cover many aspects of life at work and last approximately 20 minutes. An average of 40 workers representing different sections of the factories, as well as union representatives, are interviewed. Among the issues covered in Better Work Haiti’s compliance assessment tool, sexual harassment, similarly to other countries, is one of the most sensitive and most difficult to detect during factory assessments. The assessment of sexual harassment in the workplace by Better Work Haiti is likely to underreport the extent of its occurrence. This issue has been considered seriously by employers. Thus, at the beginning of the year 2013, Better Work Haiti has contracted an American NGO working for many years in Haiti, Heartland Alliance International, to conduct a qualitative study on sexual harassment in the garment sector. The actions subsequently undertaken by Better Work Haiti to support factories to prevent and address sexual harassment in garment factories are consistent with the Haitian Government’s 2012–2016 National Plan to fight against violence against women to prevent, accommodate, support and assist women and girls who are victims of violence and also with the specific framework bill to address violence against women designed by the Ministry for Women's Affairs and Women's Rights. Employers are putting in place mechanisms to combat the problem, for example, by including the establishment of policies against sexual harassment and zero tolerance protocols , and by training to supervisors, establishing contracts engagement compliance with the policy implementation, etc. Better Work Haiti is supporting these efforts with tools and training. - 14 - Section II: Findings 2.1. Compliance Assessment Findings (7th round of assessments) Non-compliance rates Chart 1 presents non-compliance findings for the 23 assessed factories in Haiti, showing non- compliance rates as well as the number of factories in non-compliance in brackets. Key findings are provided in Section 2.2 below. - 15 - Chart 1 Non-compliance rate 3 3 A factory is found non-compliant in a compliance point if it is found out of compliance on any one aspect of it. *The chart was revised to provide the non-compliance rates for both wage requirements on two separate lines. The table presents the non-compliance rate for Minimum Wages, currently at 200 Gourdes and for Minimum Wages: Piece Rate currently at 300 Gourdes. - 16 - 2.2. Detailed Findings 1. Core labour standards During the last round of assessments, which took place between May and August 2013 in 23 factories, the following results have been observed. A. CHILD LABOUR There are no findings under the Child Labour cluster in the reporting period. B. DISCRIMINATION There are three findings of non-compliance under the Discimination cluster. Relating to Gender, the employer in one factory changed the employment position of workers when they returned from their maternity leave: as nursing mothers returning from maternity leave cannot be available to work all day on the production line, they are usually transferred to the training section, which has a negative impact on their earnings. In another factory, Better Work Haiti found non-compliance with regards to sexual harassment. Several incidences of quid pro quo sexual harassment involving supervisors/training instructors were reported. Management has taken some steps to address the issue, including requiring supervisors and managers to read and accept a statement prohibiting sexual harassment in the factory, and meeting with supervisors to discuss the issue. For the Religion and Political Opinion compliance point, one factory was non-compliant in that its recruitment materials referred to the applicant's religion. C. FORCED LABOUR There is a finding of forced overtime in one factory, where workers in the cutting department were forced to work more than 50 hours of overtime above the legal limit during a trimester by the employer, who threatened dismissal or suspension. D. FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING In this reporting period, both Collective Bargaining and Interference and Discrimination have non- compliance rates of 4% each. In one factory, as illustrated in previous public reports, the non-compliance finding is due to a failure to implement certain provisions of the CBA in force, particularly referring to medical services and the provision of space for food vendors and an eating area. In another factory, the employer gave disciplinary warnings to trade union representatives based on factually unsupported grounds not included in the internal work rules. Similar warnings were not observed for other workers. The factory was also found non-compliant based on the dismissal of the Executive Committee members of one newly formed union in February 2013, and the dismissal of the President of another union in June 2013 without following legal procedures prescribed in the Labour Code. A situation involving the dismissal of seven executive committee members of a trade union occurred in a factory in June and July 2013. This situation was brought to the attention of Better Work Haiti shortly after an assessment had been carried out in the said factory. Given that the procedure is that the Labour Ombudsman first tries to find an agreement between the union and the management of the factory, Better - 17 - Work Haiti will conduct its assessment in the next round of assessments and then report in the next synthesis report. In the meantime, Better Work Haiti monitors the situation closely. 2. Working conditions E. COMPENSATION In the Minimum Wage Law there are two applicable wage requirements in exporting apparel factories in Haiti: the minimum wage of reference, currently set at 200 Gourdes per day (article 1 of the law), and the production wage (Minimum Wages: Piece Rate), currently set at 300 Gourdes per day (article 2.2 of the law). The production wage refers to a legal requirement for the employer to set piece rates in a manner such that a worker can earn 300 Gourdes during eight regular hours of work per day 4 . Under Article 4.1 of the Minimum Wage Law, this production wage must be established by the Wages Council (CSS) taking into account international standards accepted in the industry. The social partners are exploring with the Government the establishment of a methodology for assessing the production wage under the minimum wage law. This methodology will be presented to all stakeholders, including the newly appointed Wages Council, and be approved by the Ministry of Social Affairs and Labour. In this present report, Better Work Haiti includes additional information on the earnings of workers during eight hours of regular work, presenting the percentages of workers earning between 201 and 249 Gourdes and between 250 and 299 Gourdes (data in table below). The relevance of this information will be useful for the Ministry of Social Affairs and Labour and the Better Work Haiti PAC in understanding the competitiveness of the Haitian labour force in the apparel industry. As shown in Chart 1, Better Work Haiti also reports the non-compliance rates related to the two wage requirements separately. The table includes the Minimum Wage currently set at 200 Gourdes, and Minimum Wages: Piece Rate, currently set at 300 Gourdes. The 100% non-compliance rate for Minimum Wages: Piece Rate is based on all 23 factories being non- compliant according to Better Work’s methodology, which requires that at least 90% of experienced workers achieve the production objectives and earn at least 300 gourdes per day during regular working hours. This non-compliance has been reported in the previous reports. That said, the average percentage of experienced piece rate workers currently earning 300 gourdes after eight normal working hours increased to 25%, from 16% in the previous period, which represents a significant increase compared to results obtained and presented in the April 2013 summary report. The average percentage of piece rate workers earning between 201 and 249 gourdes after eight hours of regular work is 43%, and 32% for those earning between 250 and 299 gourdes (data in table below). % of workers earning 300 Gourdes or more in 8 regular hours* % of workers earning between 250 and 299 in 8 regular hours* % of workers earning between 201 and 249 in 8 regular hours* 25% 32% 43% *(not including workers who have been recruited within the past three months, or those who have been using their equipment for three months or less) 4 On 14 October 2013, MAST issued a notice stating that “The price per piece, dozen, gross and meter can under no circumstance be considered as a minimum wage.” For the full text of the Minimum Wage Law in French, see http://bit.ly/1csZQql. - 18 - Under the Method of Payment compliance point, one factory is non-compliant due to wages not being paid on time. Better Work Haiti observed that two factories did not pay their workers accurate overtime wages (according to national law, employers are mandated to pay workers 50% above the normal wage for all ordinary overtime hours worked). Better Work Haiti also found a 13% non-compliance rate for the Paid Leave compliance point. One factory paid workers incorrectly for maternity leave and two factories paid workers incorrectly for weekly rest days. Within the reporting period, two factories failed to be compliant with regards to Premium Pay. The Social Security and Other Benefits CP has a 61% non-compliance rate. This refers to four issues, as shown in the In Focus table below. In Focus 1: Social Security and Other Benefits Question # factories out of compliance Does the employer collect the required contribution to OFATMA from all workers? 0 Does the employer collect the required social insurance contribution to ONA from all workers? 4 Does the employer forward workers contributions to OFATMA? 0 Does the employer forward workers contributions to ONA? 14 Does the employer pay 3% of workers' basic salary to OFATMA for maternity and health insurance? 0 Does the employer pay 3% of workers' basic salary to OFATMA for work-related accident insurance? 5 Does the employer pay the required employer contribution to ONA? 14 Does the employer pay workers their annual salary supplement or bonus? 0 The non-compliance rates in the payment of employer contributions and the forwarding of workers’ contributions to ONA (pension funds) relate to late payments. Employers collected workers’ contribution, but they forwarded them to ONA together with their own contribution too late. According to Haitian legal requirements, the payment of the contribution to ONA should be made before the 10th of each month. In four factories, the employer does not collect the required contribution to ONA from workers. The law requires a payment of 6% of the worker’s basic salary, and in these four factories the percentage contributed by workers is under 6%. Concerning the five factories in non-compliance with OFATMA employer contributions, three factories are late in their payment, and two factories do not contribute to the insurance provided by the government institution, even though such a contribution to the work-related accident insurance is mandatory. The Wage Information, Use and Deduction CP has a 17% non-compliance rate in this reporting period. Four factories were found non-compliant as the payroll records do not accurately report all hours worked, and one factory made an unauthorized deduction from workers’ wages. F. CONTRACTS, AND HUMAN RESOURCES The highest non-compliance rating in this cluster is Dialogue, Discipline and Disputes (35%). - 19 - In Focus 2: Dialogue, Discipline and Disputes Question # factories out of compliance Did the employer resolve grievances and disputes in compliance with legal requirements? 0 Do the disciplinary measures comply with legal requirements? 2 Have any workers been bullied, harassed, or subjected to humiliating treatment? 6 Six factories are found non-compliant because management staff often addressed workers in a harsh and aggressive manner, including shouting in an abusive manner. Employment contracts has a 9% non-compliance rate. One factory had employees with contracts that do not respect the labour law requirements. In two factories, the internal work rules did not comply with legal requirements. In this reporting period, Termination has a 22% non-compliance rate. In two factories, workers did not have an opportunity to defend themselves before they were terminated based on their conduct or performance. Also in two factories, employers did not comply with legal requirements (e.g. to inform MAST) before reducing the size of the workforce due to changes in operations. In two factories, employers were found to terminate workers for reasons that were not valid according to the labour law. One factory did not notify MAST upon suspending operations. G. OCCUPATIONAL SAFETY AND HEALTH (OSH) Despite Better Work Haiti’s numerous efforts to raise awareness of the importance of health and safety on productivity and to provide information to managers and workers, OSH continues to be a cluster where there are high rates of non-compliance. With the exception of OSH Management Systems, which had a non-compliance rate of 35%, the remaining areas all have non-compliance rates that are higher than 80% 5 . The In Focus tables 3–9 highlight the key areas of non-compliance at the question level. In Focus 3: Chemicals and Hazardous Substances Question # factories out of compliance Are chemicals and hazardous substances properly labeled? 16 Are chemicals and hazardous substances properly stored? 5 Does the employer have chemical safety data sheets for the hazardous chemicals used in the workplace? 18 Does the employer keep an inventory of chemicals and hazardous substances used in the workplace? 5 Does the employer provide adequate washing facilities and cleansing materials in the event of exposure to hazardous chemicals? 11 Has the employer effectively trained workers who work with chemicals and hazardous substances? 7 Has the employer taken action to assess, monitor, prevent and limit workers' exposure to chemicals and hazardous substances? 3 5 There are no non-compliance findings under Worker Accommodation because there is no worker accommodation in Haiti. - 20 - Non-compliance findings on Chemicals and Hazardous Substances vary from one assessment to the next, but overall factories have not yet implemented systems to consistently follow-up on and considerably impact these non-compliance issues. Eleven factories were found non-compliant with regard to washing facilities and cleansing materials, as such provisions were deemed not completely adequate in the event of exposure to hazardous chemicals. In some instances, there are insufficient washing facilities compared to the number of sites where chemicals and hazardous substances are being used, or they are not located in reachable distance for workers in case of exposure. In Focus 4: Emergency Preparedness Question # factories out of compliance Are emergency exits and escape routes clearly marked and posted in the workplace? 11 Are the emergency exits accessible, unobstructed and unlocked during working hours, including overtime? 9 Are there enough emergency exits? 5 Does the employer conduct periodic emergency drills? 3 Does the workplace have a fire detection and alarm system? 6 Does the workplace have adequate fire-fighting equipment? 11 Has the employer trained an appropriate number of workers to use the fire-fighting equipment? 7 The compliance point for Emergency Preparedness also has a non-compliance rate of 83%. Eleven factories failed to clearly mark emergency exits and escape routes. Exits were not accessible, unobstructed and/or unlocked during working hours and overtime in nine factories. In these factories, no system has been put in place to ensure that emergency exits are always accessible, unobstructed and/or unlocked. There were not enough emergency exits in five factories. Better Work Haiti recommends a minimum of two emergency exits per building, located at distance from one another. The employer did not conduct periodic emergency drills in three factories. Better Work Haiti recommends that emergency drills be conducted twice per year. In six factories, the fire detection and alarm system is either not functional, not installed in all sections or buildings or does not exist at all. Of 23 factories, eleven did not have adequate fire-fighting equipment: in some cases, the fire-fighting equipment has not been checked regularly or were insufficient in number. Seven factories had not trained an appropriate number of workers (i.e. at least 10% of the workforce recommended by Better Work) in the use of fire-fighting equipment. In Focus 5: Health Services and First AId Question # factories out of compliance Do workers have a medical check within the first three months of hiring and annual medical checks? 17 Do workers who have been exposed to work-related hazards receive free health checks? 12 Does the employer address safety and health risks to pregnant or nursing workers? 4 Does the workplace have required onsite medical facilities and staff? 21 Has the employer ensured there are a sufficient number of readily accessible first aid boxes/supplies in the workplace? 6 Has the employer provided first-aid training for workers? 12 Under the non-compliance point Health Services and First Aid, the following non-compliance issues were noted. In 17 factories, workers did not have a medical check within the first three months of being hired or/and an annual medical check. Twelve employers failed to provide free health checks for workers who [... middle sections omitted for long document ...] - 131 - The Willbes Haitian III S.A. Location Port-au-Prince No. of workers 536 Registration date 27 August 2010 Advisory Services and Training 21 March 2013 Participation in Social Dialogue Roundtable meeting 5 April 2013 Management introduction meeting with Compliance Manager after the factory report has been submitted in order to discuss assessment findings and elaborate the Improvement Plan. 26 April 2013 Training on Health, Safety and Environment (HSE) with focus on fire safety 27 April 2013 Participation in BWH's annual fair on Occupational Safety and Health (OSH) 8-9 May 2013 Applied training on International Core Labour Standards 21 may 2013 Participation in Social Dialogue Roundtable meeting 27 June 2013 Participation in Social Dialogue Roundtable meeting 25 July 2013 Participation in Social Dialogue Roundtable meeting Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts # of months 1* 2* 3* 4* 5* 6* 1 Child Labour Child Labourers       Documentation and Protection of Young Workers       Hazardous Work       Unconditional Worst Forms       2 Discrimination Gender       Other Grounds       Race and Origin       Religion and Political Opinion       3 Forced Labour Bonded Labour       Coercion       Forced Labour and Overtime       Prison Labour       4 Freedom of Association and Collective Bargaining       - 132 - Collective Bargaining Interference and Discrimination       Strikes       Union Operations       5 Compensation Method of Payment       Minimum Wages /200 Gourdes       Minimum Wages: Piece Rate, 300 Gourdes       Piece rate level Set the piece rate such as piece rate workers can earn 300 Gourdes within 8 hours of work. 30 Overtime Wages       Paid Leave       Premium Pay       Social Security and Other Benefits       Forwarding of workers' contributions for social insurance funds to ONA Employer contribution to ONA Forward workers’ contributions for social insurance funds to ONA on time. Pay employer contribution to ONA on time. Wage Information, Use and Deduction       6 Contracts and Human Resources Contracting Procedures       Dialogue, Discipline and Disputes       Employment Contracts      Termination       7 Occupational Safety and Health Chemicals and Hazardous Substances   Labelling of chemicals and hazardous substances Chemical safety data sheets for all chemicals and hazardous substances in the workplace Label of chemicals and hazardous substances used in the workplace. Post chemical safety data sheets for all chemicals and hazardous substances used in the workplace. The factory installed washing facilities or cleansing material in the event of chemical exposure. 30 - 133 - Emergency Preparedness    Marking or posting of emergency exits and/or escape routes in the workplace Accessible, unobstructed, and/or unlocked emergency exits during working hours, including overtime Update the evacuation plans. Ensure that all emergency exits are accessible, unobstructed, and/or unlocked during working hours, including overtime. The factory opened a new exit door that will be used as an emergency exit. However, this new exit is not operational yet as the factory still needs to do some work outside so it can lead to a safe area. This will be verified during the next assessment. Health Services and First Aid   Health checks for workers who are exposed to work-related hazards Onsite medical facilities and staff Pre-assignment and/or annual medical checks for workers Provide health checks for workers who are exposed to work-related hazards. Provide required onsite medical facilities and staff. Pre-assignment and/or annual medical checks for workers. The factory installed a new medical facility. This will be verified during the next assessment again. 30 OSH Management Systems       Welfare Facilities     Toilets Eating area Provide the number of toilets required by the Haitian Labour code. Provide an appropriate eating area. 30 Worker Accommodation       Working Environment       Workplace lighting Adequately light the workplace. 12 Worker Protection   Providing workers with personal protective clothing and equipment Training and encouragement of workers to use the personal protective equipment provided Training of workers to use machines and equipment safely Provide workers with personal protective clothing and equipment. Train and encourage workers to use the personal protective equipment provided. Train of workers to use machines and equipment safely. The factory trained 6 supervisors in the use of PPE in order to replicate this training with workers. The factory trained 6 supervisors in the safe use of machines and equipment in order to replicate this training with workers. Fatigue mats or footrest have been provided to all standing workers. All missing guards on all dangerous moving parts of machines and equipment have been installed. 30 8 Working Time Leave       Time off for breastfeeding breaks Provide time off for breastfeeding breaks to all eligible workers. - 134 - Overtime       Voluntary overtime Ensure that overtime is voluntary. Regular Hours       - 135 - Annex 1. HOPE II Legislation Reporting Requirements SEC. 15403. LABOUR OMBUDSMAN AND TECHNICAL ASSISTANCE IMPROVEMENT AND COMPLIANCE NEEDS ASSESSMENT AND REMEDIATION PROGRAM. [...] (D) BIANNUAL REPORT. —The biannual reports referred to in subparagraph (C)(i) are a report, by the entity operating the TAICNAR Program, that is published (and available to the public in a readily accessible manner) on a biannual basis, beginning 6 months after Haiti implements the TAICNAR Program under this paragraph, covering the preceding 6-month period, and that includes the following: (i) The name of each producer listed in the registry described in paragraph (2)(B)(i) that has been identified as having met the conditions under subparagraph (B). (ii) The name of each producer listed in the registry described in paragraph (2)(B)(i) that has been identified as having deficiencies with respect to the conditions under subparagraph (B), and has failed to remedy such deficiencies. (iii) For each producer listed under clause (ii) — (I) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program; (II) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and (III) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph. (iv) For each producer identified as having deficiencies with respect to the conditions described under subparagraph (B) in a prior report under this subparagraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists. [...]