Criteria 6.3: Criteria 6.3: Workers’ rights are respected
6.3.15 Overtime work for workers is permitted under the following conditions:
- It is requested in a timely manner
- It is in line with national legislation
- It is paid according to national law or collective bargaining agreement, whichever is stricter. In case where no law or collective bargaining agreement is in place, overtime is paid at minimum a factor of 1.5 for work performed on regular workdays and a factor of 2 for work performed on public holidays
- The work can be carried out without increased risk to safety and health. This is recorded and monitored. In case risks are identified, actions are taken to address them
- Workers have safe transport home after work if applicable
- Maximum working hours do not exceed 60 hours/week, including regular hours and overtime.
- Overtime does not exceed 6 hours per day
- In exceptional circumstances for the agricultural sector, e.g. during peak production periods for high seasonality sectors or in changing weather conditions, overtime can exceed 12 hours per week for a maximum period of 12 weeks per year and with 1 day of rest after max of 21 consecutive working days. This should be in line with national legislation
- Records are kept of the number of regular hours and extra hours worked by each worker
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This requirement applies to any kind of contracted workers, including subcontracted workers.
All overtime should be always voluntary.
Approval for exceptional circumstances must be received in advance by UEBT. |
INTERVIEWS
Conversations with workers individually or in a group (without the presence of employer) in order to identify overtime. Conversations with employer to confirm that the information provided by the worker (the employer can also be interviewed before the workers).
DOCUMENTATION
Working hour records and working contracts to check the compliance with this requirement. Scoring guidance
0 - Overtime often exceeds 12hours/week, and it is not an exceptional circumstance, it is not compensated according to national legislation, there is evidence of increased health risks and no records kept of the hours worked
1 - Although it is in exceptional circumstances, overtime exceeds 12 hours a week (see guidance on exceptional cases) and national legislation is not adhered to. There are increased health risks in this period, and records are not kept
2 - Overtime exceeds 12 hours a week but this is only for exceptional circumstances and national legislation is still adhered to. No increased accidents in this period and all records kept
3 - Overtime does not exceed 12 hours a week, is in line with national legislation, requested in a timely manner, compensated accordingly, records kept and there is no increased risk to health
Score 2 to be reached by second year
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Importance
Critical stepwise
ApplicabilityCultivation & wild collectionOaSSub-suppliersField operators |