Criterion: Working Hours

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UN conformity topic code:

Decent Work Conditions

Requirements for working hours, overtime, and rest day management

Full Description

A3. Working Hours

Code 8.0

Working hours shall not exceed the maximum set by local law. Further, a work week shall not be more than 60 hours per week, including overtime, except in emergency or unusual situations. All overtime shall be voluntary. Workers shall be allowed to have at least one day off every seven days.

Elements to Demonstrate Compliance to RBA Code

1. Policy

Have a detailed, comprehensive documented working hour policy with elements including:

a. Standard hours worked, days off, sick leave allowance, holidays, leave/vacation allowance, and paternity/maternity leave, in conformance to local law.
b. Meal and rest breaks, overtime policy and limits; in conformance to local law and good safety practices. These shall include gender-responsive measures and other accommodations.
c. Note limits on
- i. Working hours in the facilities designated standard workweek (e.g. Sunday to Saturday, Monday to Sunday): must not be more than 60 including overtime.
- ii. Consecutive working days after which a day of rest is granted with no company work or obligations (e.g., training, being on call): must not be more than 6
- iii. Overtime.

NOTE: Unless specified otherwise by local legal requirements, this provision does not apply to exempt workers, including those in executive, managerial, or professional positions.

2. Procedures & Practices

Procedures & Practices are in place such that:

a. The work hours and time off policy is communicated to workers at the time of hire and in an employee handbook.
b. There is a process to remain aware of and in compliance with local and national laws and regulations regarding working hours.
c. You have obtained any necessary permission from authorities/unions on work schedule (e.g., comprehensive work week / work hour schedule)
d. RBA Code requires that companies comply with local laws or Code, whichever is more stringent. If the company has a valid and current government waiver (e.g., Comprehensive Work Hour System in China, which allows shifting of overtime limits), this waiver is considered "local law." Regardless of the waiver, the 60 hours/week limit is in place.
e. Any legal non-conformance is rated a major non-conformance. An exception to this rule is whether weekly working hours are below or equal to 60h/week but above local law for less than 40% of the reviewed working hours.
f. There is a process to track and analyze hours over time, including identification of capacity constraints, and is taking action to reduce overtime to target level.
g. You have a work hours management system to ensure that workers do not work overtime in excess of legal limits. Work weeks do not exceed than 60 hours, including overtime, except in Emergency or Unusual Situations.

NOTE: The RBA recognizes truly unpredictable events that may require overtime in excess of RBA limits. These are Emergency or Unusual Situations which cannot be planned for or foreseen. Such situations are uncommon and do not become standard operating procedure. Examples include:

i. Equipment breakdown, power failure or other emergency resulting in prolonged shutdown of a production line.

ii. Unforeseen raw material or component shortages or quality issues shut down production. Excessive overtime is then needed in both situations to recoup lost production time and meet customer commitments.

iii. In all of these cases evidence of FEWER hours worked before a period of excessive production due to an Emergency or Unusual Situation is present and documented. The site has a documented plan to recover from the emergency situation and bring working hours back into conformance.

NOTE: the types of situations are NOT Emergency or Unusual Situations include:

iv. Holidays, peak season production demands and new product ramps. These are predictable and proper planning can minimize overtime requirements.

v. Contract change orders that significantly increase order volumes or shorten delivery timelines. This should be negotiated in good faith between the client and the location and should never exceed the capacity of the location at a rate of 60 hours per week or the legal maximum work hour requirement for the location.

h. Workers may refuse overtime without threat of retaliation, penalty, or dismissal.
i. The facility provides meal breaks, rest breaks, rest days, leave periods, holidays, and vacation days per local legal requirements (most countries require workers to be given a 15-to-30-minute break every so many hours, as well as defined meal breaks).
j. Legal working hours are communicated to workers (worker handbook, notice board, orientation training, and other means).
k. Workers are not required to work on their designated day off.

3. Controls & Monitoring

Controls & Monitoring should include:

a. Ensure there is a strong tracking and recording system which will allow for accurate reporting, record keeping allowing for investigation, and visibility to those planning workload to avoid going over limits if not actively limit planning work beyond work hour and workday limits.
b. Ensure awareness of requirements of compliance with local and national/regional laws and regulations including any approved comprehensive work week / work hour schedule, RBA requirements and any customer requirements regarding working hours, workdays, and overtime
c. Develop and implement a planning, training, staffing and work assignment strategy to ensure conformance with all requirements.
d. Train and then refresh train planning and manufacturing staff on limits of working hours and days worked including the limits of any Young Workers and Learners present.
e. Monitor actual performance and actively adjust and control working hours including overtime and days worked to ensure conformance to policy.
f. Supplier monitors hours for any workers of on-site supplier / subcontractor / agent to ensure they meet the stricter of local law, RBA Code of Conduct, customer requirements, or company policy.

4. Records

Records are maintained including:

a. Accurately determine and record days, time and overtime worked to ensure conformance and then provide accurate due monetary compensation.
b. Exceptional circumstances shall be recorded at the time of the Emergency or Unusual Situation along with the plan to recover. Not after the event.
c. Leave records are securely kept, accurate and consistent with medical certificates, actual leave (including maternity/paternity) and holidays.

5. Serious conditions that will result in a severe finding

Not allowing worker to take time off for illness or maternity when they present a valid medical certificate or recognized notification.

6. Evaluation criteria for working hours

Work Hours/Week	≤1%	>1% to ≤5%	>5% to ≤15%	>15% to ≤40%	>40%
>84 hours/week	Priority	Priority	Priority	Priority	Priority
>72 hours/week to ≤84 hours/week	Conformance	Minor	Major	Priority	Priority
>60 hours/week to ≤72 hours/week	Conformance	Opportunity for Improvement	Minor	Major	Priority
>Local law to ≤60 hours/week	Conformance	Opportunity for Improvement	Minor*	Minor*	Major
< Local law AND ≤60 hours/week	Conformance	Conformance	Conformance	Conformance	Conformance
1. Young workers are found to be working in excess of the stricter of law or 60 hours per week	Priority	Priority	Priority	Priority	Priority
2. Young workers are working overtime	Priority	Priority	Priority	Priority	Priority
3. Young workers are doing night work	Priority	Priority	Priority	Priority	Priority

7. Evaluation criteria for consecutive days of work

Consecutive Days	≤1%	>1% to ≤5% of sampled workers	>5% to ≤40%	>40%
≥24 Consecutive Days	Priority	Priority	Priority	Priority
>12 to <24 Consecutive Days	Minor	Minor	Major	Priority
>6(or local law if stricter) to ≤12 Consecutive Days	Conformance	Minor	Minor	Major
≤6(or local law if stricter) Consecutive Days	Conformance	Conformance	Conformance	Conformance
Workers under the age of 18 are found to be working consecutive days in excess of the stricter of law or 6 consecutive days	Priority	Priority	Priority	Priority