A2. Young Workers

Code 8.0

Child labor shall not be used in any stage of manufacturing. The term "child" refers to any person under the age of 15, or under the age for completing compulsory education, or under the minimum age for employment in the country, whichever is greatest. Workers under the age of 18 (Young Workers) shall not perform work that is likely to jeopardize their health or safety, including night shifts and overtime. Participants shall ensure proper management of student workers through proper maintenance of student records, rigorous due diligence of educational partners, and protection of students' rights in accordance with applicable laws and regulations. Participants shall implement an appropriate mechanism to verify the age of workers. The use of legitimate workplace learning programs, which comply with all laws and regulations, is supported. Participants shall provide appropriate support and training to all student workers. In the absence of local law, the wage rate for student workers, interns, and apprentices shall be at least the same wage rate as other entry-level workers performing equal or similar tasks. If child labor is identified, assistance/remediation shall be provided.

Elements to Demonstrate Compliance to RBA Code

1. Policy

Have a detailed, comprehensive documented young worker policy with elements including:

• a. Child labor prohibition: setting a minimum working age that is no lower than the greater of local law, 15 years of age, or customer expectations.
• b. Do not refuse a previous applicant if they now meet company policy and the corresponding legal requirements.
• c. If underage labor is identified, assistance/remediation is provided and should include:
  • i. Health exam and appropriate action if necessary.
  • ii. Aid to and through completion of compulsory schooling.
  • iii. Maintaining the child's income until legally eligible to work.
  • iv. When they exist, and are acceptable by law, to move underage workers into proper apprenticeship positions, restricting their hours and type of work to accommodate educational needs, as required, rather than discharging or fining these workers.
• d. When young workers are employed, policies shall include:
  • i. Health checks if required by law.
  • ii. Identification and assignment of young workers to non-hazardous positions.
  • iii. Restriction on time of day worked (young workers are not allowed night work <generally means any consecutive period of at least 7 hours between 10 PM and 7 AM> or overtime).
• e. When employing learners (apprentices, interns, student workers) a policy shall include:
  • i. A commitment to only providing internships/student workers assignments and apprenticeships that complement their course of study field or learning of a new vocation.
  • ii. Follow a principle of equal pay for equal work (if performing same/similar work/level as regular workers then the pay should be the same).
  • iii. Ensure working hours shall not conflict with any of the learner's school attendance.
  • iv. Be clear and limit the duration of the training period, and the number of times the same worker can be classified as a trainee.
  • v. Do not require and ensure that there is not any placement, onboarding, or other fees paid by the learner to gain or retain employment.
  • vi. Do not allow deduction for educational fees from the student worker's wages.
  • vii. If there is a period where wages can be below minimum wage as per law it should be limited and reasonable in duration or not longer than 6 months, whichever is stricter.
  • viii. Ensure that no agency or intermediary is used in connection with the recruitment, hiring, arrangement, and management of student workers, interns, or apprentices.
  • ix. Ensure that all work is voluntary (including choice of learning placement assignment).
  • x. Do not use student workers, interns, or apprentices to simply fill a labor shortage.
  • xi. When employing apprentices, the maximum duration of apprenticeship (not more than 6 months if worker is paid below minimum wage).
  • xii. When employing Student workers policy shall include:
    1. A three-way agreement is required between the student workers (and/or legal guardian), school and supplier that includes the terms.
    2. Ensure that the student worker is insured against accidents or liability and that the student worker is fully covered for any other forms of insurance required by law or regulation.
    3. Due Diligence: verify that worker is actively enrolled in a valid program of study at an educational institution.

Note: If learners are NOT to be hired a learner policy is not needed, however a note stating that the supplier does not hire apprentices/interns/student workers is required to be in place.

2. Procedures & Practices

Procedures & Practices are in place such that:

• a. You only employ workers above the legal/hiring policy age for employment.
• b. There is a formal documented process to verify the age of each worker prior to employment with procedures to ensure that workers are of legal age and that documentation is genuine. The process includes inspection and cross-reference to verify the validity of at least two types of official ID* and periodically evaluating the documentation for a random sample of workers.
• c. ID types for initial and ongoing verification and cross-reference include:
  • i. Matching photographic ID to worker's face
  • ii. Verification through third-party resources where available, such as Internet resources or local government offices
  • iii. Affidavit from local government representative
  • iv. Birth certificate
  • v. Government-issued personal identification card
  • vi. Driver's license
  • vii. Voting registration card
  • viii. "Official stamped" copy of a school certificate
  • ix. Foreign or internal work permit or other government recognized record.
  • x. Finger printing or ID card with owner's photograph to prevent under-age workers entering the facility by using another person's ID who may have been vetted or hired.
• d. Ensure that young workers are working within the appropriate conditions of employment: including legal working hours, not working overtime, not working nights, not working within school hours, and not working in hazardous conditions or roles.
• e. If young workers found to be working in prohibited times or in hazardous roles, immediate containment not termination is to occur putting on day shift only which does not conflict with compulsory education, moved to non-hazardous positions, elimination of future overtime.
• f. A documented process is in place to assist any underage workers found working in the facility. This does not include discharging or fining underage workers, but rather provides ways to move them into proper apprenticeship positions, restricts their work hours and type of work as well as accommodating their educational needs (see Policy section above).
• g. Ensure that any children present in the facility are allowed only in approved areas, separate from the work area, such as day care facilities.
• h. If apprentices are employed, there is a clear program for training and promotion, with specific limits on the number of hours worked, duration of training period, and number of times the same worker can be classified as a trainee.

3. Controls & Monitoring

Controls & Monitoring should include:

• a. Applicable laws and regulations ensuring protection of learners' rights (e.g., working conditions, health & safety) are identified and enforced.
• b. Perform due diligence on, monitor and take corrective actions to address any non-conformance by an involved educational institution and establish sanctions as appropriate, including termination of the relationship.
• c. Periodically verify the reliability of age records. Age verification shall include visual verification of a government recognized photographic identification record. Maintain a reliable ID verification system to control the workers' access into the facility.
• d. Periodically verify young workers are not working overtime, nights, or in hazardous conditions/roles.
• e. Ensure underage labor assistance/remediation process is designed to provide for the welfare of the individual.
• f. Ensure that the three-way agreement required between the student workers (and/or legal guardian), school and supplier include:
  • i. Student worker's full name
  • ii. Student worker's emergency contact information
  • iii. The name and address of the student worker's school
  • iv. The name and address of the reviewee.
  • v. Living conditions (if applicable)
  • vi. Wages and benefits
  • vii. Costs (if any) for meals and accommodation (shall be no higher than a fair market rate)
  • viii. Working hours
  • ix. Nature of work and place where it shall be performed.
  • x. Signed in three copies.

4. Records

Records are maintained including:

• a. Due diligence reports on educational partners
• b. Maintain verification of worker age and right-to-work status until at least 12 months or as required by law whichever is longer.
• c. After the worker departs the company.
• d. Learner records are maintained, accurate, complete, and up to date.
• e. Maintenance of student worker/intern or apprentices' records in personnel files (includes agreement if applicable, learning objectives, evaluations, reference to training material, assignment, etc.)
• f. Details on promotion/hiring opportunities after successful apprenticeship, eligibility, recruitment, employment agreement, nature of work, working hours, wages, and benefits.

5. Serious conditions that will result in a severe finding

• Underage workers are present.
• Young workers performing inherently hazardous work.

1.0.0 (2024-01-01)

Initial release.