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19 BIBLIOGRAPHY

APPENDIX

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Fig.: 1

(AMENDED 2013) (Bangladesh - Bangladesh Labour (Amendment) Act, 2013)

EXTRACTION RELEVENT FOR THIS REPORT

34. Prohibition of employment of children and adolescent : (1) No child shall be employed or permitted to work in any occupation or establishment. (2) No adolescent shall be employed or permitted to work in any occupation or establishment unless- (a) a certificate of fitness in the prescribed form and granted to him by a registered medical practitioner is in the custody of the employer ; and (b) he carries , while at work, a token giving a reference to such certificate. (3) Nothing in this sub-section (2), shall apply to the employment of any adolescent in any occupation or establishment either as an apprentice or or the purpose or receiving vocational training 35. Prohibition of certain agreement in respect of children : Subject to the provisions of this chapter, no person, being the parent or guardian of a child, shall make an agreement, to allow the service of the child to be utilized in any employment. 36. Disputes as to age : (1) If any question arises as to whether any person is a child or an adolescent, the question shall, in the absence of a certificate as to the age fo inspector for decision to a registered medical practitioner. (2) A certificate as to age of a person granted by a registered medical practitioner as mentioned in sub-section (1), shall be conclusive evidence as to age of the person to whom it relates. 41. Working hours for adolescent : (1) No adolescent shall be required or allowed to work in any factory or mine, for more than five hours in any day and thirty hours in any week; (2) No adolescent shall be required or allowed to work in any other establishment, for more than seven hours in any day and forty-two hours in any week. (3) No adolescent shall be required or allowed to work in any establishment between the hours of 7.00 P.M and 7.00 a.m. (4) If an adolescent works overtime, the total number of hours worked, including overtime shall not exceed(a) in any factory or mine, thirty six hours in any week; (b) in any other establishment, forty eight hours in any week. (5) the period of work of an adolescent employed in an establishment shall be limited to two shifts which shall not overlap or spread over more than seven and a half hours each. (6) An adolescent shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Inspector, be changed more frequently than once in a period of thirty days. (7) The provisions of weekly holiday shall apply also to adolescent workers, and no exemption from the provisions of that section shall be granted in respect of any adolescent. (8) No adolescent shall be required or allowed to work in more than one establishment in any day. 44. Exception in certain cases of employment of children : (1) Notwithstanding anything contained in this chapter, a child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education; Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with is school attendance. (2) All provisions applicable to an adolescent workers under this chapter shall mutatis-mutandis apply to such child workers. 100. Daily hours : No adult worker shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day: Provided that, subject to the provisions of section 108, any such worker may work in an establishment not exceeding ten hours in any day. 102. Weekly hours : (1) No adult worker shall ordinarily be required or allowed to work in an establishment for more than forty-eight hours in any week. (2) Subject to the provisions of section 108, an adult worker may work for more than forty-eight hours in a week: Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week and on the average fifty-six hours per week in any year: 103. Weekly holiday: An adult worker employed in an establishment55 (a) which is a shop or commercial establishment, or industrial establishment, shall be allowed in each week one and half days holiday and in factory and establishment one day in a week; (b) which is a road transport service, shall be allowed in each week one day’s holiday of twenty four consecutive hours; and no deduction on account of such holidays shall be made from the wages of any such worker. 109. Limitation of hours of work for women : No women shall, without her consent, be allowed to work in an establishment between the hours of 10.00PM and 6.00 AM

114. Closure of shops, etc. : (1) Every establishment which is shop or commercial or industrial establishment shall remain entirely closed for at least one and a half day in each week. (2) The one and half day on which establishments shall remain entirely closed, shall be fixed for each area by the chief Inspector. 115. Casual leave : Every worker shall be entitled to casual leave the full wages for ten days in a calendar year, and such leave shall not be accumulated and carried forward to the succeeding year: Provided that noting in this section shall apply to a worker employed in a tea plantation. 116. Sick leave : (1) Every worker other than a newspaper worker, shall be entitled to sick leave with full wages for fourteen days in a calendar year 118. Festival holidays : (1) Every worker shall be allowed in a calendar year eleven days of paid festival holiday. (2) The days and dates for such festivals shall be fixed by the employer in such manner as may be prescribed. (3) A worker may be required to work on any festival holiday, but two day’s additional compensatory holidays with full pay and a substitute holiday shall be provided for him in accordance with the provisions of section 103. 124. Wages to be paid in current coin or currency notes : All wages shall be paid in current coin or currency notes or bank cheque. 138. Establishment of Minimum wages Board : (1) The Government shall establish a board to be called the minimum wages board. 139. Recommendation of minimum rates of wages for certain workers : (1) Where, in respect of any industry, the Government is of the opinion that, in view of the prevailing rates of wages of workers engaged in that industry, it is reasonable and necessary to fix the minimum rates of wages for all or any class of workers employed in such industry, it may direct the wages Board to 66 recommend, after such enquiry as the wages board thinks fit, the minimum rates of wages for such workers or class of workers. 140. Power to declare minimum rates of wages : (1) Upon receipt of a recommendation of the wages board under section 139, the Government may, by notification in the official Gazette, declare that the minimum rates of wages recommended by the wages board for the various workers shall, subject to such exception as may b e specified in the notification, be the minimum rates of wages for such workers. This Code of Conduct is applicable to all suppliers, their subcontractors and other business partners that do business with H&M Hennes & Mauritz AB (publ.), registered in Sweden, corporate organisation number 556042-7220, or any other company, wholly or partly owned, directly or indirectly, by H&M Hennes & Mauritz AB (“H&M”). H&M’s business concept is to offer fashion and quality at the best price. Quality also means that our products must be manufactured in a way that is environmentally and socially sustainable. We have a responsibility towards everyone who contributes to our success. We are therefore committed to working closely with our suppliers and business partners to achieve a long-term, sustainable social and environmental standard in the factories that manufacture H&M’s products and in the operations of other business partners. We base our requirements mainly on internationally agreed standards such as the Universal Declaration of Human Rights, The UN Convention on the Rights of the Child and applicable ILO Conventions, as well as national legislation. 1. LEGAL REQUIREMENTS

Our general rule is that all our suppliers and other business partners must, in all their activities, follow the national laws in the countries in which they operate. Should any requirement in this Code conflict with the national law in any country or territory, the law must always be followed. In such cases the supplier must notify H&M immediately, before signing this Code. However, H&M’s requirements may go beyond the requirements set out in national law. 2. CHILD LABOUR IS NOT ACCEPTED (Refer to ILO Conventions 138 and 182 and to the UN Convention on the Rights of the Child) 2.1 Child Labour H&M does not accept child labour. No person shall be employed at an age younger than 15 (or 14 where the national law so allows) or younger than the legal age for employment if this age is higher than 15. The company must take the necessary preventive measures to ensure that it does not employ anyone below the legal age of employment. 2.2 Young Workers All legal limitations on the employment of persons below the age of 18 years must be followed. 4. WORKERS’ RIGHTS

4.1 Basic Rights 4.1.3 Every employee shall be treated with respect and dignity. Under no circumstances do we accept the use by our suppliers, their subcontractors or other business partners of humiliating or corporal punishment, and no employee shall be subject to physical, sexual, psychological or verbal harassment or abuse. 4.1.4 All employees have the right to form or join associations of their own choosing, and to bargain collectively. H&M does not accept disciplinary or discriminatory actions from the employer against employees who choose to peacefully and lawfully organise or join an association. (Refer to ILO Conventions 87, 98 and 135) 4.2 Wages, Benefits, Working Hours and Leave As background to this chapter we quote from the Universal Declaration of Human Rights Article 23:3, as guidance concerning our ambition for our suppliers and business partners: “Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity...” 4.2.1 Wages must be paid regularly, on time, and must reflect the experience, qualifications and performance of the employee. H&M’s minimum requirement is that employers shall pay at least the statutory minimum wage, the prevailing industry wage or the wage negotiated in a collective agreement, whichever is higher. All other types of legally mandated benefits and compensations shall be paid. No unfair deductions are allowed, and the employee has the right to a written specification of how the wage has been calculated. 8. MONITORING AND ENFORCEMENT

8.1 Transparency and Co-operation H&M expects all its suppliers and other business partners to respect this Code of Conduct and to actively do their utmost to achieve our standards. We also expect our suppliers and other business partners to be transparent and not intentionally mislead our auditors. We believe in co-operation and we are willing to work with our suppliers and other business partners to achieve sustainable solutions and to promote suppliers and other business partners who are in compliance. Ethical behaviour is required by H&M’s auditors and any breaches of H&M’s Code of Ethics must immediately be reported to H&M’s local management or to CoE@hm.com.

8.2 Monitoring All suppliers and other business partners are obliged to keep H&M informed at all times of where each product is being produced, including subcontracting and homework. Relevant documentation must be maintained for auditing purposes. We reserve the right to make unannounced visits to all units producing goods or services for H&M, at any time. We also reserve the right to appoint an independent third party of our choice to conduct audits in order to evaluate compliance with our Code of Conduct. H&M is a member of the FLA, which randomly carries out unannounced audits on behalf of H&M. During audits we require unrestricted access to all areas of the premises, to all documents and to all employees for interviews. We also demand the right to provide employees with contact details for H&M.

8.4 Corrective Action H&M’s audits aim to identify gaps between the requirements in this Code of Conduct and the actual practices and conditions in the workplace. The audited company will usually be given the opportunity to propose and implement a corrective action plan. H&M will follow up the implementation of the plan and verify that violations have been remedied. A supplier failing to undertake sustainable improvements within the stipulated time frame would seriously damage its relationship with H&M. Unwillingness to cooperate or repeated serious violations of H&M’s Code of Conduct and local law may lead to reduced business and ultimately termination of the business relationship with H&M.