Fair Treatment

HU.3.a. Non-harassment

Does the company protect workers from workplace harassment including physical, verbal, sexual, or psychological harassment, abuse, or threats? (Principle 1)

ABOUT THIS QUESTION

Workplace harassment encompasses many types of behaviour, including assault, physical and sexual harassment or threats, and workplace bullying and intimidation. To protect workers against such acts, the company should implement prevention policies, facilitate open communication, provide training, and allow workers to report incidents of harassment to a complaint mechanism that fully investigates the reports and responds accordingly.

 

The question relates to the right to just and favourable conditions of work; the right to non-discrimination and the right to freedom from torture and other cruel, inhuman or degrading treatment or punishment. [The above question is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Article 5; International Covenant on Civil and Political Rights (1966), Article 7; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), Articles 2 (1), 4 and 10; Convention on the Protection of All Migrant Workers and Members of Their Families (1990), Article 10.

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

The company has a commitment to prevent workplace harassment, and actively informs employees of their obligations to refrain from violent, threatening or abusive conduct.

Managers receive training on how to identify and deal with instances of harassment in the workplace.

The company investigates all complaints of workplace harassment and takes appropriate preventative and disciplinary action including reporting of criminal actions to the appropriate authorities.

Step 2. Answer the main question:

Does the company protect workers from workplace harassment including physical, verbal, sexual, or psychological harassment, abuse, or threats?

 

HU.3.b. Employee privacy

Does the company respect the privacy of its employees whenever it gathers private information or monitors the workplace? (Principle 1)

ABOUT THIS QUESTION

When the company needs to gather information about its employees in relation to for example taxation or insurance, or implements workplace monitoring procedures, it must ensure that the measures are legal and for a legitimate purpose. Personal information collected should be minimal and kept safe from unauthorised access. Employees should be informed of any workplace monitoring and should know what personal data is kept on them and they should have access to correct this data.

 

The question relates to the right to privacy. It is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Article 12; International Covenant on Civil and Political Rights (1966), Article 17; ILO Code of Practice: Protection of Workers Personal Data (1997), Sections 5, 6 (14) and 12 (2b); UN Guidelines for the regulation of Computerized Personal Data Files (1990), Article 3 (a); OECD Guidelines: On the Protection of Privacy and Transborder Flows of Personal Data (1980), Article 9.

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

The company has a procedure stating which kinds of workplace monitoring are allowed; what kind of personal employee information is retained; where it is stored; who has access; and why the information is necessary.

Employees are made aware of all workplace monitoring, including cameras and Internet or e-mail monitoring, and the specific purpose of the monitoring.

The company does not attempt to gain information from an individual with whom the employee has a privileged relationship, including a former employer, doctor or lawyer, without the employee's prior written consent.

Employees have access to all personal data collected about them, including data concerning disciplinary decisions and data obtained through monitoring, but excluding confidential management specific information related to performance evaluations, salary negotiations, promotions, rotation and similar employment decisions.

Step 2. Answer the main question:

Does the company respect the privacy of its employees whenever it gathers private information or monitors the workplace?

 

HU.3.c. Employee grievance mechanisms

Does the company have a mechanism for hearing, processing, and settling grievances of employees? (Principle 1)

ABOUT THIS QUESTION

Employees should be able to submit grievances regarding workplace concerns without threat of adverse employment action as a result of the grievance. The company should work with relevant workers' organisations and/or representatives to establish and maintain effective and fair grievance procedures. The procedure should be transparent and fair to employees and the process for receiving, processing and settling grievances should be clearly described and made known to the employees. If an employee disagrees with the settlement of a given grievance, the company should inform the employee of available alternative resolution mechanisms available in the country of operation.

 

This question relates to the right to work and just and favourable conditions of work and right to privacy. The question is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Articles 23, 24 and 25; International Covenant on Economic, Social and Cultural Rights (1966), Article 7 (b); ILO Tripartite Declaration of principles concerning Multinational Enterprises and Social Policy (1977), Articles 57 and 58; ILO Examination of Grievances Recommendation (R130, 1967), article 2.

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

The company has a written procedure, agreed with employee representatives, for how employee grievances are received, processed and settled.

The procedure is open to grievances concerning all employment and workplace related issues.

All employees, including temporary or third party employees, are able to use the procedure.

Employees are clearly informed, in a language understandable to them, on how to use the procedure; what grievances can be reported; and how grievances are processed and resolved.

Employees are able to lodge grievances confidentially and without fear of retribution by management or other employees.

The grievance procedure is able to respond to cases of harassment by managers, including gender specific issues, such as sexual harassment.

There is committee responsible for hearing, processing, and settling grievances, and the committee has representation by employee representatives.

An employee lodging a grievance is allowed to participate in hearings held with respect to that grievance and is informed of the outcome of the grievance resolution process.

Step 2. Answer the main question:

Does the company have a mechanism for hearing, processing, and settling grievances of employees?

 
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    3. Answer the indicators

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