Pepe Jeans is committed to positive change, taking responsibility for the impact we make on the environment and on human lives seriously. Pepe Jeans has set and updated its Code of Practice, which is a non-negotiable commitment from all its suppliers.
The legal requirements for the region should always be adhered to, and if any part of the Pepe Jeans Code is in violation of national law, then the law should always be followed. The Pepe Jeans Code will, most often, be above and beyond legal requirements.
Pepe Jeans seeks business partners that consider the broader impact of its activities on human rights and environmental issues within the community in which they operate. You should ensure as far as possible that any subcontractor and any company or person responsible for the delivery of supplies to or from you also complies with the Code of Practice. You should draw this Code to their attention before having any further dealings with them. In addition, your orders are governed by our Conditions of Purchase, which are set out on the reverse of our Purchase Orders. Please sign the form at the end of the section to confirm your agreement and return the original back by courier.
Pepe Jeans is committed to ensuring that all workers involved in the production of any Pepe Jeans products, wherever they may be located, are treated with humanity and dignity and all are entitled to his or her basic rights.
1. CHILD LABOUR SHALL NOT BE USED
1.1 Every worker must be at least 15 years of age or the minimum legal working age of that country (whichever higher). If the minimum working age fixed by local regulations is 14 years old, according to the exceptions established for developing countries in the ILO Convention n. 138, this last age will apply. The Supplier recognizes the rights of every child to be protected from economic exploitation. Proof of age should be kept.
1.2 The Supplier shall establish, document, maintain, and effectively communicate to personnel, policies and written procedures for remediation of children found to be working, and shall provide adequate financial and other support to enable such children to attend and remain in school until they reach the minimum age to work.
1.3 The Supplier may employ workers between 15 (or 14 as described in paragraph 1.1.) and 18 years old, but where such workers are subject to compulsory education laws, they may work only outside of school hours. The combination of hours at school, work and transport (from home to work and to school, and back) of such workers cannot exceed the 10 hourly days and in no case shall those workers work more than 8 hours a day and shall never work during night hours.
1.4 No worker under the age of 18 will work under circumstances, either outside or in the workplace, that are dangerous, insalubrious or insecure for their physical and mental health or their development.
1.5 There shall be no new recruitment of child labor.
2. FREEDOM OF CHOICE
2.1 Workers cannot be forced to work, except by agreement freely entered into.
2.2 Workers have the right to leave their place of employment after completing the standard workday, and are free to terminate their employment provided that they give reasonable notice to their employer.
2.3 Forced, bonded or involuntary prison labor will not be accepted.
2.4 Workers cannot be forced to hand over money deposit or identity papers.
2.5 The Suppler shall not withhold any part of any personnel’s salary, benefits, property, or documents in order to force such personnel to continue working.
2.6 The Suppler shall not under any circumstance engage in or support trafficking human beings.
3. FREEDOM OF ASSOCIATION
3.1 No worker should be discriminated against or prevented from joining a trade union or to bargain collectively. Disciplinary actions against workers who choose to peacefully and lawfully organize or join an association are forbidden.
3.2 Personnel must be informed about their right to join an organization of their election and that their doing so will not result in any negative consequences to them.
3.3 An open policy must be in place to permit representatives from trade unions or business association to raise issues with the Top Management of the Supplier.
3.4 The staff representatives won’t be discriminated, and they will have access to the workers in the workplace.
3.54 In countries where the creation and joining of a trade union and collective bargaining is not permitted by law, the workers shall be allowed to freely elect their own representatives.
4. NO DISCRIMINATION / DISCIPLINARY PRACTICES
4.15 There must be no unjustifiable discrimination in the hiring of workers, remuneration, access to training, promotion, and termination of the employment relationship or the retirement of the worker based on race, caste, national or social origin, ethnic origin, religion, age, disability, gender, marital status, sexual orientation, union membership, philosophical views or political affiliation, or any other condition that could give rise to discrimination.
4.26 All workers must be given a written contract of employment, setting out, amongst other matters, information regarding their employment conditions and wages. Reasonable steps must be taken to ensure that no terms in the written contract of employment with the worker shall be contrary to or conflict with any of the terms set out in this Pepe Jeans Code of Practice.
4.3 The Supplier shall treat all personnel with dignity and respect.
4.4 The Supplier won’t permit any conducts that are threatening, abusive, exploitative or sexually coercive, including gestures, language and physical contact.
4.5 Body punishments, mental or physic constraints or verbal abuses won´t be applied or supported.
4.6 The Supplier shall not interfere with the exercise of personnel’s rights to observe tenets or practices, or to meet needs relating to race, national or social origin, religion, disability, gender, sexual orientation, family responsibilities, marital status, union membership, political opinions, age, or any other condition that could give rise to discrimination.
4.7 The Supplier shall not subject personnel to pregnancy or virginity tests under any circumstances.
5. WAGES
5.1 All workers shall be paid at least the minimum national (or local) legal wage or industry benchmark standards. This should be a minimum, but not a recommended level. Wages should be paid either on a weekly or monthly basis, without unlawful and unreasonable deductions. Pepe Jeans believes and endorses the living wage ideal. Wage should meet basic needs and provide some discretionary income.
5.2 Pepe Jeans insists that workers must receive all benefits to which they are entitled. Workers should be granted their annual leave and sick leave without repercussion.
5.3 There must be no deductions from wages as a result of disciplinary measures having been taken, except when deductions from wages for disciplinary measures are permitted by national law and when a freely negotiated collective bargaining agreement is in force.
5.4 It will be ensured that personnel’s wages and benefits composition are detailed clearly and regularly in writing for them. It shall be also ensured that wages and benefits are rendered in compliance with all applicable laws and that remuneration is rendered either in cash or check form, in a manner convenient to workers.
5.5 Overtime shall be reimbursed at a premium rate as defined by national law or by industry standards, whichever is more favourable to workers.
5.6 The company shall not carry out irregular contracting arrangements, consecutive short-term contracts and/or false apprenticeship schemes to avoid fulfilling its obligations to personnel under applicable laws pertaining to labor and social security legislation and regulations.
5.7 Female workers should be given their stipulated maternity leave.
6. WORKING HOURS
6.1 Working hours, whether ordinary working hours or overtime, must comply with all applicable laws and benchmark industry standards, whichever affords greater protection.
6.2 Overtime must be paid at a higher rate than standard hours. Overtime should be voluntary, except as specified in paragraph 1.20.
6.3 In any event, workers must not be required to work more than 48 hours per week (as ordinary working hours) and no more than 12 hours overtime per week.
6.4 All workers shall be entitled to at least one day off following every six consecutive days of working, except when national law allows work time exceeding this limit or when a freely negotiated collective bargaining agreement is in force that allows work time averaging, including adequate rest periods.
6.5 In cases where the company is party to a collective bargaining agreement freely negotiated with worker organizations (as defined by ILO) representing a significant portion of its workforce, the company may require overtime work in accordance with such agreements, in order to be able to meet short-term business demand.
6.6 Public holidays, as established by applicable laws or industry standards, shall also be respected.
7ENVIRONMENTAL ISSUES
7.1 A valid and correct pollution license must be held (where applicable). Where there is no legal requirement to hold a pollution license, pollution levels must not materially exceed normal industry standards.
7.2 The limits on discharge of effluent as set out in the license must be upheld and all such analysis must be recorded in writing.
8 WORKING CONDITIONS
8.1 All international and national (or local) laws and regulations relating to working conditions, including but not limited to laws relating to health and safety, sanitation, fire safety, risk protection, electrical fittings and appliances and the structure of premises, must be followed and complied with.
8.2 All workers shall be provided with a clean, safe and healthy environment in which to work in compliance with all applicable laws and regulations.
8.3 The Supplier shall take effective steps to prevent potential accidents and will keep written records of all accidents that occur in its premises.
8.4 Suppliers warrant that all of its employees receive, periodically and in a documented way, training regarding labor security and health, and that such training is repeated for new employees and to those which are moved to other workplaces, as well as in cases where accidents have occurred.
8.5 The premises must be well lit and must be well ventilated and must have adequate and safe heating facilities. Temperature in the factory should be tolerable at all times. Heaters or fans should be provided when needed.
8.6 Every worker must have access, without unreasonable restrictions, to clean drinking water, clean storage area for foodstuff, sanitary washing facilities and an adequate number of toilets, preferably separated for men and for women and available on each floor.
8.7 All machinery must be maintained to a standard to ensure that workers are not at any unreasonable risk whilst using the machinery or whilst being near to the machinery.
8.8 Workers must be provided with all necessary safety equipment, as appropriate and such equipment shall, at the very least, comply with minimum national safety standards. Training must be carried out, as necessary, to ensure that both the machinery and the safety equipment are being used correctly. This should be recorded. If an accident occurs, the Supplier shall provide first aid and assist the worker in obtaining follow-up medical treatment.
8.9 All dangerous, combustible and hazardous materials must be stored, used and disposed of in a correct and safe manner.
8.10 All fire exits and all routes to fire exits must be free from obstruction and clearly sign-posted in the local and common language or with a commonly recognized symbol. There must be at least one fire alarm on each floor.
8.11 Fire drill practices must be carried out at least twice year and must be recorded in writing.
8.12 Exits should not be blocked by cartons, fabric rolls, or debris, and if kept locked, keys should be placed behind breakable glass next to the doors. All exits should open outwards.
8.13 First Aid equipment must be available in each factory and at least one person in each department should have training in basic first aid. In case of accidents, it is recommended that a doctor or nurse should be available at short notice.
8.14 The Supplier acknowledges that all personnel shall have the right to remove themselves from imminent serious danger without seeking permission from the Supplier.
8.15 A representative of health and security issues concerning all workers shall be appointed, which will also be responsible for the application of the obligations included in this Code and in the Social Accountability Standard 8000.
9 HOMEWORKERS/SUBCONTRACTORS
9.1 Home-workers are any persons, who are contracted by the Supplier who do not perform their services on the premises of the place of employment.
9.2 Terms and conditions as set out in this Pepe Jeans Code of Practice shall also apply to home-workers in so far as possible.
9.3 Pepe Jeans does not permit the use of the services of children under the age of 15 or under the minimum working age, whichever is higher (or under the of 14 years old according to paragraph 1.1) , in any manner whatsoever, including the provision of services by home-workers.
9.4 No supplier can subcontract work without the prior approval in writing of the Pepe Jeans Buying/Technical teams. This code, without exception, applies to all subcontractors.
10 HOUSING CONDITIONS
10.1 Accommodation for workers must meet all international and national (or local) legal requirements relating to health and safety and shall, in any event, be fit for dignified human habitation.
10.2 The sleeping quarters must be clean, secure and must cover the basic necessities of the workers.
10.3 Accommodation must be well ventilated with windows that open, fans, air conditioning units or heaters in all rooms for adequate air circulation, ventilation and temperature control.
10.4 All workers must be provided with either a mat or a bed and storage for clothing and personal possessions. Lockable units should also be provided for safe storage of workers' valuable personal possessions. Sleeping quarters must be segregated according to sex.
10.5 All fire exits must be clearly marked and all routes to fire exits must be free from obstruction and clearly sign-posted in the local and common language or with a commonly recognized symbol. Evacuation directions must be posted in all sleeping quarters (in the local language). There must be at least two fire alarms on each floor (one at each end). All stairwells must have emergency lighting. All fire extinguishers, appropriate to the possible type of fire, must be located in the correct area, which must be always easily accessible.
10.6 There must be adequate clean and hygienic toilet and shower/bathing facilities, which must be segregated according to sex. There must be access to clean drinking water and sanitary facilities for food storage. Accommodation must have adequate lighting.
10.7 Workers living in this accommodation must be free to enter and exit the premises, as can be reasonably permitted.
11 MONITORING AND ENFORCEMENT
The Supplier undertakes to watch over the fulfillment of this Code, the Social Accountability Standard 8000 (SA8000), as well as any other applicable international, national or local laws concerning social, health and environmental aspects in work.
The Supplier warrants that the obligations of this Code and of the SA8000 will be duly transmitted to all members of the company, who will receive periodical trainings of such obligations. These obligations will be recorded in writing and will be easily accessible to all employees.
Pepe Jeans expects all of it’s suppliers to respect this Code and the applicable international and local standards. Pepe Jeans believes in co-operation and is willing to work with its suppliers to achieve workable solutions. Pepe Jeans is also willing to take into consideration factors, which vary from country to country, but will not compromise on safety requirements and human rights issues.
All suppliers are required to keep Pepe Jeans informed of where each order is being produced. Representatives of Pepe Jeans must be allowed unrestricted access to: mills, factories and any manufacturing premises where products and goods are manufactured or produced for Pepe Jeans; warehouses and other premises in which Pepe Jeans products are stored; and all relevant records and files, which the Supplier shall maintain to demonstrate conformance to the requirements of this Code, the SA8000 and any other international or national laws. Access must be permitted at all times, whether or not notice is provided in advance. Pepe Jeans also reserves the right to let a third party of its choice to make inspections.
All suppliers must establish adequate internal procedures to solve and attend any queries or concerns addressed by workers regarding the requirements established in this Code and the applicable international and national laws and to communicate workers relevant information regarding such requirements.
Workers who provide information regarding the observation of this standard shall not be sanctioned, fired or discriminated in any way. In addition, The Supplier must provide confidential means for all personnel to report non-conformances with this Code and the applicable laws.
Should Pepe Jeans find that a supplier does not comply with this Code of Practice or applicable laws; the supplier will be given 30 days to draw up a plan to resolve the issues. If Pepe Jeans finds repeated violations of this Code of Practice and the applicable standards, it will take appropriate corrective action, which may include cancellations and termination of business.
Date…………………………
Name of company (“the Supplier”)……………………….
Signature……………………
Company stamp………………………
Name………………………
Address……………….…………………………………………………
This document is confidential and must be signed by a duly authorized representative of the company and returned to Pepe Jeans London in charge member.