CSR Procurement Guidelines
6.Labor practices
6.1 Worker recruitment and employment
- Labor obtained from inhumane labor methods, such as forced bonded labor, must not be used.
- When hiring, it is necessary to present employment terms and conditions in language that workers can understand.
- Workers must not be forced to work and their right to leave or voluntarily end employment must be observed.
6.2 Working hours
- Workers must not be forced to work hours that exceed the maximum working hours set by local laws and regulations, and working hours and days off must be appropriately handled with consideration of internationally recognized standards.
6.3 Wages and benefits
- Compliance with all applicable laws and regulations regarding payments of work (including minimum wage, overtime payments, and allowances and deductions required by law) is necessary.
6.4 Elimination of child labor and employment of young workers
- Children who are under the minimum age for employment cannot be allowed to work.
- Workers under the age of 18 (i.e., young workers) cannot be allowed to do night or overtime work or work that is likely to jeopardize their health or safety.
6.5 Prohibiting discrimination
- There should be no discrimination in wages, promotion, compensation, training opportunities, or treatment on the basis of race, ethnicity, national origin, gender, religion, culture, beliefs, birth, age, disability, sexual orientation, or gender identity.
6.6 Respect for workers’ fundamental rights
- It is necessary to respect fundamental labor rights, including the right to collective bargaining, and to build good relationships with workers through healthy and sincere dialogue.
6.7 Promotion of diversity and inclusion
- Respecting workers’ individuality will give them the opportunity to maximize their abilities.
Supplementary Explanations
6.1 Worker recruitment and employment
Transporting, concealing, employing, transferring, and receiving people by means of threat, coercion, abduction, or deceit is prohibited. Additionally, workers cannot be forced to pay fees for employment, as this may also lead to forced labor.
Forced work to pay off such a fee is also prohibited.
In particular, there are many reports of migrant workers including foreign workers being forced to work. Foreign workers must be provided with an employment contract containing the employment conditions in a language that they can understand, before they leave their home country.
Other acts that lead to forced labor include hindering workers from using their government-issued identification, passport/visa, work permit, or immigration application (except when the law stipulates that someone other than the worker retain such documents) by means of concealment or confiscation, or imposing limitations on worker entry/exit to facilities or movement within facilities.
6.2 Working hours
In addition to compliance with relevant laws and regulations, it is necessary to respect such international human rights standards as the Universal Declaration of Human Rights and International Bill of Human Rights of the United Nations and the Core Labor Standards of the ILO.
Under Japan's Labor Standards Act, workers cannot be required to work more than 40 hours per week. The law also stipulates that workers must not be required to work more than 8 hours per day, excluding rest periods, on each day of a week. (legally prescribed working hours) If a company wants to require workers to work overtime hours beyond the legally prescribed amount, it must conclude a labor-management agreement based on Article 36 of the Labor Standards Act (called a “36 Agreement) and notify the director of the labor standards inspection office having jurisdiction. It should be noted that the type of work to be performed during overtime hours and the upper limit of overtime work per day, per month, and per year must be established in the 36 Agreement.
Appropriate management of these matters refers to the following:
- Annual working days not exceeding the maximum set by law.
- Weekly work hours, including overtime, not exceed the maximum set by law (excluding unavoidable times of disaster or emergency)
- Observance of workers’ right to paid annual leave, maternity leave, and childcare leave as stipulated by the law
- Workers’ break time as stipulated by the law
- Provision of physical and mental health checks to ensure the health of workers
6.3 Wages and benefits
Minimum wage refers to the minimum wage stipulated by laws regarding wages in the country where the company is operating, with employees paid in excess of the minimum. Compensation for overtime work must be paid to workers at a wage rate that is in accordance with the laws and regulations of the region. When paying compensation, companies must provide a wage slip that includes information enabling the breakdown of the payment to be checked. Unfair wage deductions may be deemed to be the non-payment of wages.
6.4 Elimination of child labor and employment of young workers
Child labor is internationally prohibited in all circumstances by the ILO and national laws.
Child labor refers to any kind of activity or work which, by its nature or the circumstances in which it is carried out, is harmful to the intellectual, physical, social and moral development of youngsters and undermines their education, preventing them from going to school, forcing them to abandon schooling too soon or to work and study at the same time.
6.5 Prohibiting discrimination
Behavior that may lead to discrimination is not allowed in wages, promotions, rewards, access to training, hiring, and employment practices, including discrimination based on race, color, age, gender, sexual orientation, gender identify and expression, ethnicity or national origin, disability, pregnancy, religion, political affiliation, union membership, veteran status, protected genetic information, or marital status.
Furthermore, health checks and pregnancy tests are also regarded as discrimination if they could harm equal opportunity or the fairness of treatment.
6.6 Respect for workers’ fundamental rights
The right of workers to establish and join trade unions must be respected, as well as the right of workers not to join a trade union and refrain from such activities.
Furthermore, workers and their representatives must be able to engage in collective bargaining to formally gain mutual understanding with management regarding concerns about working conditions and management practices, without fear of discrimination, retaliation, intimidation, or harassment.
6.7 Promotion of diversity and inclusion
Respecting diverse human resources (i.e., having diversity in terms of race, nationality, gender, sexual orientation, age, disability, religion/beliefs, values, career and experience, and ways of working, for example) and providing them with opportunities to maximize their abilities will lead to corporate growth. Examples include appointing female executives, hiring foreign workers and people with disabilities, and rehiring retirees.
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