Social Responsibilities

You must show commitment to the pursuance of the provision of the highest standards of employment conditions.

All businesses should pay particular regard to the following elements:

• All workers will be employed in accordance with applicable law.
• The work performed should be based on recognised employment relationships. Obligations to workers should not be avoided by the use of alternative hiring arrangements, such as apprenticeship schemes where there is little or no attempt at imparting skills.
• Payment and remuneration details shall be agreed before commencement of employment and documentary evidence to confirm contractual agreements shall be supplied by the employer.
• Payments to workers will be made on a regular and pre-agreed schedule, by bank transfer.
• Cash or cheque will be accompanied by an understandable wage slip detailing all payments and deductions.
• If employment agencies are used, the group/entity/facility must have systems in place to ensure equitable compensation and workplace standards and ensure all workers receive their wages.
• Businesses should keep appropriate records such as working hours, payslips, benefits etc.
• Wages and benefits paid for a standard working week shall at least be paid at a minimum national legal standard and these should be adequate to cover basic needs and provide some discretionary income. These provisions constitute minimum and not maximum standards and this should not prevent companies from exceeding these standards.
• Deductions from wages must comply with the law and be calculated following a documented process that is clearly communicated to workers.
• Deductions will not be made without following due process. For example, deductions such as pension contributions etc are allowed but deductions due to equipment requirements or being required to purchase personal protective equipment are not. Deductions must not result in the workers being paid below minimum wage.
• In the event workers are unable to work due to reasons outside of their control (e.g. government mandated closures), workers should be compensated in accordance with the law. Where there is no legal requirement, or the legal requirement stipulates no payments need to be made to workers during these types of closures, employers should use reasonable endeavours to pay at least minimum wage. Where workers are able to seek employment support (e.g. furlough scheme) from national or local governments, the employer shall ensure workers are provided with sufficient information on how to access such schemes.
• There should be no limitations placed on the disposal of income by workers, nor coercion to make use of Company/Entity/Facility stores or services where these exist. In the case that partial payment of wages in the form of allowances has been agreed and appropriately negotiated on behalf of the worker, these allowances should be for the personal use of the worker and his/her family and the value attributed to such allowance should be fair and reasonable.
• Where wage advances or loans are provided, any interest and repayment terms must be transparent and fair.
• Working hours (including overtime), holidays and rest intervals shall comply with national legislation regulations or if no applicable law exists, three weeks paid annual leave shall be provided and at least one uninterrupted work break if they work longer than six hours. Workers shall be entitled to be provided with at least one day off for every seven- day period, or equivalent where collective bargaining agreement or applicable law allows for work time averaging. Special leave or working time arrangements for employees with family responsibilities apply to all regardless of gender.
• If workers operate on a shift or rotational working period basis, such as 12 days on followed by two days off, workers shall be entitled to be provided with the equivalent amount of time to at least one day off for every seven-day period.
• Employers should ensure that workers do not work in excess of the national limit of hours per week on a regular basis and that the normal working week, not including overtime, must not exceed 48 hours. Overtime should be voluntary, should not be demanded on a regular basis and should always be compensated in compliance with national legislation. The sum of normal working time and overtime must not exceed 60 hours unless defined otherwise in applicable law or collective bargaining agreement or unless there are exceptional circumstances (such as production peaks, accidents or emergencies). Where overtime is offered, it should not be compulsory and any refusal by a worker to work overtime must not result in punishment, retaliation or penalisation in any way.
• Workers should be compensated for absence due to illness in accordance with applicable national laws
• Religious festivals should be respected.
• Any crisis responses to unforeseen events which may impact the employment rights of workers should be implemented in ways which continue to respect the fundamental principles and rights at work as defined by international, national and local labour standards. This includes identifying, preventing, mitigating and accounting for adverse impact on labour rights.
• Employers should adopt policies relating to redundancy or layoffs, which should be implemented in accordance with the relevant national laws as applicable. Policies should include the company’s approach to redundancy which can include how it intends to keep numbers of redundancies to a minimum, ensure workers are fully consulted (either individually or through their representatives), that the selection for redundancy is based on clear and fair criteria, and that where redundancy cannot be avoided any severance pay, notice and/or payment in lieu of notice of is provided. The policy should be endorsed at the highest levels of the organisation and communicated to all workers.
• Where the group/entity/facility does undertake redundancies or layoffs, it shall ensure, and be able to evidence, in accordance with national laws as applicable, that:
  • Any redundancies or layoffs were conducted in ways that align with its policy and relevant national laws and with full respect to the human rights of workers.
  • Workers impacted were provided with a valid reason for such termination, which is connected with either the capacity, conduct of the worker, or based on the operational requirements of the undertaking. Reasons which do not constitute a “valid reason” include, but are not limited to: union membership or participation in union activities, seeking office, acting or having acted as a workers’ representative, filing of a complaint, temporary absence from work (illness, injury, parental/caring leave), conduct or performance when due disciplinary processes have not been followed, any discriminatory reason.
  • Severance payments are calculated and made in accordance with national laws, and if not stipulated in law, with reference to the length of service and level of wages.
  • Reasonable period of notice is given, or compensation in lieu of.
  • Workers (either individually or through their representatives) were consulted and given the opportunity to make representations which seek to avert or minimise the redundancies or lay-offs proposed and/or the adverse effects of any terminations on workers.
• Where workers are provided with housing, medical care or food, these should be of a good standard and the principles of respect and equality for the dignity of individuals and their families should be applied.
• When required, recognition should be given to the existence, membership and lawful activities (consistent with recognised international good practice and norms) of worker representative bodies, and worker representatives should be given access to carry out their responsibilities/ functions and businesses should not act in any way that undermines this principle
• The employer should respect the right to freedom of association or collective bargaining without interference or negative consequences. The employer should ensure that those workers seeking to join or form an organisation of their own choosing are not subject to any form of harassment, discrimination or discipline as a result.
• Where the right to freedom of association and collective bargaining is restricted under law, no steps should be taken to hinder the development of parallel means of free association and collective bargaining.
• Where collective bargaining agreements exist the agreed terms will be adhered to.
• Arbitrary dismissal procedures for individuals should be avoided and in the event of major changes in operations reasonable notice of such changes to the appropriate authorities and representatives should be made in order to minimise adverse employment effects.
• Information regarding employment needs and working practices and conditions should be provided according to national law in order for meaningful negotiations to occur between worker representatives and the business enterprise.

You must show commitment to the pursuance of the highest standards of health and safety, and the provision of a safe and healthy working environment, which includes minimising the risk of contagious diseases in the workforce, for individuals in accordance with the national minimum requirements of the relevant countries and with due consideration to the international standards set out in International Labour Organisation (ILO) Conventions.

The following provisions constitute minimum and not maximum standards and should not prevent companies from exceeding these standards. Furthermore, where local laws relating to the provision of proper working conditions and employment and working practices stipulate certain general standards but provide that certain businesses (for example, small businesses) are subject to lower or no set standards, you are required to demonstrate compliance with these general standards.

General responsibility for health and safety should be assigned to a management representative and a clear description made available of the formal agreements and communications between employer and worker representatives on issues related to health and safety.

Investigation of work-related accidents (and diseases, contagious or otherwise), fatalities and record keeping of incidents, their causes and subsequent remedial action, should be undertaken to prevent repetition.

Co-operating fully with workers’ representatives for health and safety and appropriate safety authorities to provide on-going programmes of improvements and solutions to potential hazards is encouraged and the company should provide a mechanism for workers to raise and discuss health and safety issues with management.

Policies and procedures should be established to ensure that workers are not under the influence of, or abusing, drugs, alcohol and/or illegal substances.

There should be evidence of compliance with national laws on health and safety and with the following requirements:

• Clear information in both written and oral forms and in languages that are familiar to workers should be provided about health and safety standards relevant to workers’ activities and based on best practice standards from across the industry. Special hazards, tasks or conditions of work should be highlighted together with the relevant measures and procedures provided, including any relevant training, to protect individuals.
• Appropriate procedures for dealing with emergencies and accidents should be clearly available; personal protective clothing (with instructions) should be provided as appropriate, including specific consideration given to gender and general employee needs as applicable, and free of charge to the workers, and verification should be carried out that it is current and correctly worn or used. First aid equipment must be regularly checked and updated and in compliance with national law. Appropriate training in first aid should be given to nominated individuals in the workplace. Workers should receive regular health and safety training and information which should be repeated for new or reassigned workers. Appropriate training in first aid should be given to nominated individuals in the workplace. Workers should receive regular health and safety training and information which should be repeated for new or reassigned workers.
• Businesses should have policies actively to prevent accidents or injury by minimising as far as is practicable the possible causes of hazards. Monitoring the working environment and health of workers exposed to hazards should be undertaken regularly. This should include consideration of workers’ reproductive health where they are working with hazardous materials that may pose a risk.
• Workers have the right and responsibility to remove themselves from work situations in which reasonable concern over imminent and serious danger to life or health is apparent or where hazards are uncontrolled and to bring these situations to the attention of those in imminent risk and to the management. They should not be subjected to any consequences as a result of this action nor should they be required to return to their work environment as long as the hazardous situation continues.
• The safe number of workers per room should be established in factories so that it is not injurious to the health of the workers whilst working and is safe in the event that emergency evacuation procedures or regular safety drills need to be implemented. This should in any event at least conform to national legislation. Such action should not prejudice remuneration or employment.
• There must be provision of adequate means of escape for use in cases of emergency (these must be clearly marked). This includes provision of adequate gangways in relation to the number of workers and spacing between machines and equipment shall not be such that means of escape are hindered.
• Where dormitories are provided, these should comply with applicable laws, particularly with respect to fire safety. Where no applicable law exists, best practice approaches should be adopted to ensure the safety of the residents
• Emergency evacuation procedures should be communicated to all workers and be regularly tested for effectiveness.
• All workplaces shall be adequately constructed to meet accepted national building regulations (including flooring, ceilings, staircases, communal or shared areas, etc.).
• Appropriate lighting should be provided for the task to be performed and this should include provision of emergency lighting.
• All electrical wiring shall be installed and checked to meet national electrical wiring and safety regulation; all loose wires and open electrical switchgear and fuse boards should be made safe.
• All equipment shall be installed to a high quality of electrical and mechanical safety, free from any health hazard.
• All machinery must only be used with adequate safeguards as per legislative requirements; for example, laser machine doors should be interlocked and fitted to safeguard operatives and those working in the vicinity from exposed or reflected beams when in operation.
• Use and disposal of chemicals (and other waste) must be effectively controlled and evidence of operational procedures and adequate and safe facilities for disposal and/or neutralising of used chemicals (and other waste) prior to disposal shall be displayed.
• Suitable and sufficient first aid provisions and appliances including fire-fighting equipment shall be available in all workplaces and these shall be accompanied by instructions understandable to all workers. There should be a proportionate number of men and women trained on handling fire safety equipment and first aid provisions that accurately reflects the gender balance of the workforce.
• Suitable and sufficient fire alarms and other fire safety devices shall be installed in all workplaces.
• Of particular importance will be the provision of a working environment with acceptable working conditions appropriate to the tasks performed with regard to noise, heat, cleanliness, air quality and ventilation. This will include:
  • Extraction or appropriate ventilation of dust from bruting machines and around polishing wheels to minimise exposure to airborne particles. In practice this requires that diamond impregnated scaifes must be cobalt free;
  • Extraction and neutralisation of chemical fumes in the context of the environmental policy;
  • All chemicals and cleaning materials shall be adequately and appropriately labelled and stored;
  • Decibel levels, temperatures and air quality will be compliant with national legislation;
  • Provision of adequate hygienic washing and toilet facilities commensurate with the number and gender of staff employed;
  • Provision of drinking water and sanitary facilities for food storage;
  • Evidence of routine daily cleaning of premises.
  • Childcare and breastfeeding facilities in accordance with applicable law;
  • Suitable conditions for pregnant or nursing women, or alternative working arrangements to avoid unsuitable workplaces.
• A health and safety risk assessment should be undertaken, including a contagious and infectious diseases’ transmission risk assessment where applicable, to ensure the workplace can operate in a secure way. Workers should be consulted and be able to provide input into the risk assessment (either individually or through a relevant committee) and the outcome of the risk assessment, and any measures taken should be shared and communicated with workers in a format they are able to understand. The risk assessment should be reviewed periodically, and at least when the group/entity/facility is made aware of new risks or considerations.
• All workplaces shall be made secure to control the risk of transmission of any contagious and infectious diseases, where applicable
• Any preventative contagious and infectious diseases measures should be documented in writing, and taken in accordance with national public health measures, guidelines, legislation and regulations. Where these do not exist, preventative measures can include implementing social distancing, increased cleaning, hygiene and handwashing, provision of free personal protective equipment (PPE) and instructions on how to use appropriately, working from home where deemed possible, shift staggering, temperature checks etc. Specifically, the entity should identify vulnerable workers at greater risk and implement appropriate measures that seek to reduce or control their risk of contracting contagious and infectious diseases, where applicable.
• The entity shall monitor the implementation and effectiveness of contagious and infectious diseases measures on an ongoing basis, where applicable.

All diamond-impregnated scaifes used for cutting and polishing should be guaranteed as cobalt-free by the supplier.

Where the entity uses and stores Hydrofluoric Acid, it will do so in accordance with the national standard or related operating protocols; or follow best practice where no legislation exists.

Where the entity uses and stores Hydrofluoric Acid in its business processes, the entity shall conduct an annual bow-tie risk assessment, and maintain an emergency preparedness response and recovery plan in reaction to all reasonable foreseeable emergency scenarios.

Where the entity uses and stores Hydrofluoric Acid in its business processes, the entity shall provide effective training to all relevant workers, and maintain records. Where the entity uses and stores Hydrofluoric Acid in its business processes, the entity shall develop and document robust decontamination procedures to respond to any hazardous incident involving Hydrofluoric Acid.

• No worker should be discriminated against on the basis of race, colour, ethnicity, caste, national origin, religion, age, disability, genetic information, physical appearance, gender, marital status, parental or pregnancy status, family or caring responsibilities, sexual orientation, HIV or other health status, membership of worker representative bodies or political affiliation, or any criteria that are unlawful at any level of the organisation including the corporate governance body or any other personal characteristics unrelated to the requirements of the work.
• Discrimination can mean distinction, exclusion or preference; and, therefore, policies and procedures should exist to take into account issues relating to all aspects of employment, including recruitment, wages, benefits, promotions, training, transfer, termination and retirement.
• Mechanisms and procedures to address all forms of discrimination, bullying, harassment and/or violence in the workplace, including risk assessments where required, should be appropriately established and communicated, including any appropriate training for identified personnel and is delivered on a regular basis. The mechanism should ensure appropriate senior management oversight and ensure, where relevant, participation in worker’s committee/s.
• There should be equal opportunities for all individuals who are ‘fit for work’ across all aspects of employment, including recruitment, wages, benefits, promotions, training, transfer, termination, and retirement.
• Comparable wages should be paid to all employees for carrying out work of equal value and a process should be in place to assess and remediate any potential wage disparity that discriminates against any category of worker.
• All forms of violence and harassment in the workplace are prohibited, including but not limited to bullying; corporal punishment; harsh or degrading treatment; gender-based violence; sexual or physical harassment; mental, physical, verbal or sexual abuse; retaliation; coercion; and intimidation. Both direct and indirect harassment in any form is not acceptable in workplace facilities. The group/entity/facility shall ensure that employees are treated with dignity and respect and are not subjected to harassment or violence, or threatened with these towards themselves, their family or colleagues.
• Disciplinary and grievance procedures (or an equivalent procedure which meets local law) should be established and communicated to all employees. Any policy should be written and include clear, confidential and unbiased procedures as well as an appeals process.
• All disciplinary and grievance processes, including any investigations and outcomes of decisions regarding any compliant raised, should be recorded and records maintained as appropriate, whilst maintaining respect for data privacy, confidentiality and anonymity.
• Any person raising a grievance, including relating to discrimination, violence and/or harassment, should not be penalised or intimidated or discriminated against by group/entity/facility.
• The selection of individuals responsible for management and assessment of grievances should be conducted sensitively to the situation and appropriately to ensure gender balance.
• Deductions from wages as a disciplinary measure shall not be permitted, as provided by national law.

The definition of ‘child labour’ set out in the United Nations International Labour Organisation Minimum Age Convention (138), and as set out below, must be adopted.

‘A child is defined as any person less than 15 years of age unless local minimum age law stipulates a higher age for work or mandatory schooling, in which case the higher age shall apply. Child labour is therefore any work by a child younger than this age and any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, moral or social development.’

The following requirements must be met:

• Subject to the paragraph immediately below, the minimum age for admission to employment in any occupation shall not be less than 15 years or the age of completion of minimum compulsory schooling, whichever is greater;
• Notwithstanding the paragraph above, companies operating in countries whose economy and educational facilities are insufficiently developed may, after consultation with the governments and workers involved, initially specify a minimum age of 14;
• The minimum age for admission to employment, which by its nature or circumstances, (for example if it takes place at night or in hazardous conditions), is likely to jeopardise the health, safety or morals of young persons, shall not be less than 18 years;
• Vocational training, technical education or work done in schools is allowed where such work is carried out in accordance with conditions prescribed by the competent authority, and where it is an integral part of: a course of education or training for which a school or training institution is primarily responsible; a programme of training mainly or entirely in an undertaking, in which the programme has been approved by the competent authority; or a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training;
• Policies and programmes of action must be developed to provide for the transition of any child found to be performing child labour to enable him or her to attend and remain in quality education or vocational training until no longer a child. Such programmes must also assess the impact of this transition on the social and economic situation of the child and his or her family and include measures for the provision of suitable alternative opportunities;
• If any children are present in the workforce, policies and procedures must be developed to ensure that the child’s combined hours of daily transportation, school and work time do not exceed 10 hours per day, and to ensure that no child is employed during school hours;
• Policies and procedures in respect of child labour shall be effectively communicated to personnel and other interested parties.

Human trafficking is the movement of an individual across international borders or within a country and can result in forced labour. Companies will be held accountable if they source goods and/or use services provided by exploited workers. Relationships with third party recruitment agencies should be monitored as they expose a group/company/facility to the risk of human trafficking.

The Universal Declaration of Human Rights states ‘no-one shall be held in slavery or servitude’ and ILO Convention 29 defines forced or compulsory labour as ‘all work or service which is exacted from any person under the menace of any penalty and for which said person has not offered himself voluntarily…’. This requirement and definition must be adhered to at all times.

The selection and recruitment of workers must be carried out to industry-wide standards and there should be no forced, bonded or involuntary prison labour.

Where the facility employs contract or auxiliary workers, they must demonstrate they have vetted the recruitment agency to ensure workers do not incur commission fees or any other fees in connection with an offer of employment.

Workers should not be required to lodge deposits or identity papers with their employers and they should be free to leave their employer after reasonable notice at which point all necessary documentation and assistance should be given to them.

Where the facility operates hostels for workers, these workers (and their dependants, as applicable) should have reasonable freedom of movement within the accommodation to come and go.

The entity shall provide effective training to relevant employees to identify and address risks of human trafficking in its own business and in its supply chain.

Risks of human trafficking within the company, from suppliers, contractors and through recruitment agencies, shall be assessed and addressed during the selection and recruitment process.

The Entity shall have processes to identify human trafficking activities internally and/or within third party recruitment agencies employed by the entity.

The entity shall take measures to identify and address human trafficking risks in its supply chain.

The entity shall meet all relevant and applicable legislative requirements with respect to human trafficking, such as the Modern Slavery Act 2015 (UK).

The responsibility of Companies/Entities/Facilities is to respect the human rights of all people it encounters (including employees, contractor and supplier workers, customers, communities), including against internationally recognised human rights which at a minimum should be considered as those expressed in the International Bill of Human Rights, ILO Declaration on Fundamental Principles and Rights at Work.

Companies/Entities/Facilities should have a documented policy, applicable to all people it encounters, endorsed at the highest level of their organisation. The policy shall:

• demonstrate commitment to respecting internationally recognised human rights expressed in the International Bill of Human Rights, the ILO Declaration on Fundamental Principles and observe the UN Guiding Principles on Business and Human Rights,
• clearly address how the Company/Entity/Facility respects human rights and remedies any adverse impacts,
• be publicly available,
• be communicated internally and externally to all personnel, business partners and other relevant parties.

All employees/workers should be equipped to understand the Company/Entity/Facility's policies on human rights (e.g. through training), on issues that impact them, which could include (but not necessarily be limited to) human trafficking, harassment, discrimination and physical, sexual, racial, religious, psychological, verbal or any other form of harassment.

Companies/Entities/Facilities must ensure that each worker/employee shall be treated with fairness, equality, respect and dignity, including permanent, temporary and contractor workers.

Companies/Entities/Facilities should give particular attention to the rights of all individuals it encounters (including employees, contractors, suppliers, customers, communities) who belong to group or groups which may be particularly vulnerable to adverse human rights impacts, including indigenous people, women, national, ethnic or religious minorities, children, LGBT+ people, people with disabilities and migrant workers.

Companies/Entities/Facilities should establish appropriate due diligence processes which identify, prevent, and mitigate any actual or potential adverse human rights impacts across their workforce, geographic areas, business activities and business relationships.

Due Diligence processes should give equal consideration to civil and political rights (such as the right to freedom of association, the right to privacy, the right to be free from discrimination, the right to life and the right to be free from inhuman and degrading treatment) and economic, social and cultural rights (such as the right to an adequate standard of living, the right to just and favourable conditions of work and the right to safe and healthy working conditions). Due diligence processes could include conducting internal risk assessments, reviewing publicly available materials (e.g. reports by non-governmental organisations), engagement with civil society organisations, conducting interviews with stakeholders.

Human rights due diligence processes should specifically include the engagement in meaningful consultation with potentially affected groups and other relevant stakeholders as appropriate to the size of the Company/Entity/Facility and the nature and the context of the operation.

Companies/Entities/Facilities should avoid causing or contributing to adverse human rights impacts and seek to prevent, mitigate and remediate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships. This applies even if they have not directly contributed to those impacts.

Companies/Entities/Facilities must track and communicate annually with their stakeholders about how adverse impacts on human rights are addressed.

Companies/Entities/Facilities should ensure that all affected groups and other relevant stakeholders (including employees, contractors, suppliers and communities) have access to an independent, appropriate, confidential and effective grievance mechanism. Whilst this can be part of an existing grievance mechanism, Companies/Entities/Facilities shall ensure that the grievance mechanism:

• is transparent and structured, allowing stakeholders to submit their grievances free of charge, without fear of reprisal, and if necessary, anonymously via third parties,
• includes a system for reporting, classifying, investigating, processing and managing a complaint or incident,
• establishes clear accountabilities and responsibilities,
• includes a system for outcomes and resolutions to be communicated back to relevant stakeholders,
• ensures that all affected groups and stakeholders are aware of the grievance mechanism and know how to access it,
• has monitoring and evaluation measures in place to assess the effectiveness of the mechanism,
• retains all appropriate records of investigations and outcomes.

No worker should be subject to direct or indirect physical, sexual, racial, religious, psychological, verbal or any other discriminatory form of harassment or abuse, nor subject to intimidation or degrading treatment. Particular attention should be given to individuals or groups of individuals who are at heightened risk of becoming vulnerable or marginalised.

Companies/Entities/Facilities will only use armed security personnel when there is no acceptable alternative to manage risk or to ensure the personal safety of employees, contractors and visitors to the Facility.

Policies and procedures for security personnel will be established to ensure respect for the human rights and dignity of all people and to ensure the use of the minimum force proportionate to the threat.

Security staff, managers and other key personnel should receive training on policies and procedures concerning all aspects of human rights relevant to operations. They should be regularly trained to recognise and action any risks, threats or abuses of human rights. Particular attention should be given to vulnerable individuals or groups of individuals and issues such as workplace gender-based violence and sexual harassment or abuse.

Consideration of human rights performance should be a factor in any investment decision as well as the selection of suppliers/contractors. Where the Company/Entity/Facility's business is provision of private security services to the jewellery supply chain they must be a certified member of the International Code of Conduct Association (ICoCA).