Welcome to BSCI Training

Business Social
Compliance Initiative

Date: 25 Sep 2023

Venue: Central Sugars Refinery Sdn Bhd

@HANI SERVICES
Program Effectiveness

DO
 Ask questi ons – if you have any
 Feel free to share illustrati ons or ideas
 Request for examples if not clear with the statement
 Find ways to apply the general principles and/or ideas in relevant to
your work or tasks
 If you have urgent calls to make / received, please do so outside the
class.

@HANI SERVICES
 TRAINER

• Nur Khairun Hanis

Lead Auditor
ISO 13485, MDA, GDPMD, SEDEX,
MDSAP

@HANI SERVICES
ICE BREAKING

@HANI SERVICES
 Program Outline

•The amfori BSCI Code of Conduct is a set of standards for amfori members and their partners that are designed to
protect your organization against human rights and environmental infractions within the supply chain. Signing on
to this standard can strengthen your social performance and working conditions within your supply chain and will
help you align your goals with internationally recognized principles.

•In this article, we’ll review what the amfori BSCI Code of Conduct is, how it benefits your supply chain, and how
you can ensure compliance.

@HANI SERVICES
Program Outline
The Rights of
Social No
Workers Freedom of
Management Discrimination,
Involvement and Association and
System and Violence, or
Protection Collective
Cascade Effect Harassment
Bargaining

Fair Decent Working Occupational Ethical Business

No Child Labor Behavior
Remuneration Hours Health and Safety

No Bonded,
Special Protection
No Precarious Forced Labor, or Protection of the
for Young
Employment Human Environment
Workers
Trafficking

@HANI SERVICES
 Inroduction

@HANI SERVICES
 Introduction

 amfori BSCI is an internationally-recognized social accountability standard that ensures ethical compliance
across your supply chain.

 Implementing BSCI can help protect your supply chain from experiencing adverse human rights issues.

 amfori BSCI is defined by a set of five Core Values and thirteen Principles that guide its efficacy in ensuring
social responsibility.

 The amfori BSCI audit is one of the fundamental protocols for social audits chosen by companies worldwide.

@HANI SERVICES
 Introduction: What Does amfori BSCI Stand
For?
 BSCI stands for the Business Social Compliance Initiative. The amfori BSCI Code of Conduct
provides a set of principles and values that amfori BSCI participants commit to implementing in
their global supply chains. The Code of Conduct is based on international conventions, such as the
Universal Declaration of Human Rights, the Children’s Rights and Business Principles, UN
Guiding Principles for Business and Human Rights, OECD Guidelines, the UN Global
Compact, and International Labour Organization (ILO) Conventions.

 amfori BSCI provides an auditing methodology used to improve social performance across
an organization’s supply chain. The systematic approach is designed to help companies steadily
strengthen their working conditions by recommending a set of standards that can be adopted to
minimize risk, prevent litigation, and ensure workers across your supply chain are respected and
well-treated.
@HANI SERVICES
 Introduction: Who Developed BSCI?

 The amfori BSCI is a business-led initiative that was originally founded by the Foreign Trade
Association (now amfori) in 2003.

 amfori is an association, composed of brands, retailers, importers, and other organizations from
40+ countries. amfori members work collaboratively to achieve amfori’s initiatives (amfori BSCI,
amfori BEPI, amfori QMI, and amfori Advocacy) to improve supply chain compliance.

 Interestingly, the organization’s name comes from amphorae, which were the ancient world’s
shipping containers when global trade was first established. amfori adopted this name to
symbolize the spirit of the timelessness of trade.

@HANI SERVICES
 Introduction:
Benefits of
Compliance with the
amfori BSCI

@HANI SERVICES
 Benefits of Compliance with the amfori BSCI

• Adopting amfori BSCI across your supply chain increases visibility, reducing the risk
of adverse effects occurring by or to your organization.

• amfori BSCI empowers companies to proactively address potential issues by offering a

network of like-minded businesses that openly share experiences and discuss
solutions.

@HANI SERVICES
Benefits of Compliance with the amfori BSCI
Represent &
promote business
best practices &
ethical sourcing

Increase
Improve employee resilience
morale and across your
Reduce costs
business reputation supply chain
and increase
your bottom
line

Strengthen
social and Increase
environmental workforce
credentials productivity
 Social Management
System and Cascade
Effect

@HANI SERVICES
Social Management System and Cascade
Effect
Train and incentivize all relevant departments and
Adopt and publicly communicate a written human individuals in a manner that allows them to
rights policy statement, in line with the complexity integrate the principles of responsible and gender-
 and size of operations, approved at the most senior
level,
 responsive business and purchasing practices in the
company culture, and cascade it to their business
partners,
Implement a process- and risk-based due diligence
management system in their business practices in Require and follow-up with their business partners
to work towards full observance of the amfori
 line with the
model of the
UNGPs, and adjusted to the business
company. The expectations set in this  BSCI Code of Conduct within the sphere of their
Code of influence, including intermediaries that are
involved in the worker recruitment process, such as
Conduct should be embedded in the system, brokers, recruiters and recruitment agencies,

Actively communicate their endorsement of the

amfori BSCI Code of Conduct through all the
 functions in their company, as well as to their
Include all workers in their due diligence,
especially the vulnerable parts in their supply chain
business partners and relevant stakeholders, such as homebased workers, smallholders, as well
 as temporary and migrant workers; identify the
challenges at these levels, and partner with amfori
and other relevant stakeholders for improvements,
 Workers Involvement
and Protection

@HANI SERVICES
Workers Involvement and Protection

Build sufficient competence among the managers,

Establish responsible and gender-responsive workers, and worker representatives within their
management practices that involve all workers and company, as well as in the supply chain, in order to
 their representatives in sound information
exchange on the due diligence process,
 embed the amfori BSCI Code of Conduct in their
company culture, and promote continuous
education and training at each level of work,

Define long-term goals to protect workers in line

 with the aspirations of the amfori BSCI Code of
Conduct,
 Establish or participate in effective operational-
level grievance mechanisms for individuals and
communities who may be adversely impacted, and
maintain accurate records. The operational-level
grievance mechanism must be in line with UNGP
Article 31. Where relevant (e.g. when a migrant
Take specific steps, such as trainings, to make worker population is present), the operational-level
workers aware of their rights and responsibilities,
 with special attention to vulnerable persons. When
grievance mechanism should be accessible in
relevant local languages, and should allow to
relevant, intermediaries such as brokers, recruiters, address and remedy the issues effectively across
and recruitment agencies should play an active role
in achieving these steps,
 jurisdictions
coordination
through partnerships and
Workers Involvement and Protection

Discussion: How do you determine the needs

of training?

- WHO
- WHAT
- HOW
- WHEN (FREQUENCY)
The Rights of Freedom
of Association
and Collective
Bargaining

@HANI SERVICES
The Rights of Freedom of Association
and Collective Bargaining
Respect the right of workers to form and join trade
unions – or to refrain from doing so – and bargain Not prevent workers’ representatives and
 collectively, in a free and democratic way, without
distinction whatsoever and irrespective of gender,
 recruiters from having access to workers in the
workplace or from interacting with them,

Ensure meaningful representation of all workers,

 without distinction whatsoever and irrespective of
gender,

Respect this principle by allowing workers to freely
elect their own representatives with whom the
company can enter into dialogue about workplace
Not discriminate against workers because of trade issues, when operating in countries where trade
union membership, union activity is unlawful or where free and
democratic trade union activity is not allowed.


 No Discrimination,
Violence or
Harassment

@HANI SERVICES
No Discrimination, Violence or Harassment

Treat all workers with respect and dignity,

Establish disciplinary procedures in writing and
 Ensure that workers are not subject to any form of  explain them verbally to workers in terms and
language which they understand. The disciplinary
violence, harassment, and inhumane or degrading measures must be in line with national legislation,
treatmetnin the workplace, as well as threats of
violence and abuse, including corporal punishment,
verbal, physical, sexual, economic or psychological
abuse, mental or physical coercion, or other forms Provide gender-sensitive and equal opportunities
 of harassment or intimidation,  and treatment throughout recruitment and
employment,
Understand the possible grounds for discrimination
in their specific context, and not discriminate or
exclude persons based on sex, gender, age, religion,
race, caste, birth, social background, disability,
 ethnic and national origin, nationality, membership
in unions or any other legitimated organizations, Verify that workers are not harassed, disciplined,
political affiliation or opinions, or retaliated upon for reporting issues on any of the
sexual orientation, family responsibilities, marital  grounds listed above.
status, pregnancy, diseases, or any other condition
that could give rise to discrimination,
 Fair Remuneration

@HANI SERVICES
Fair Remuneration
Reflect the skills, responsibility, seniority, and
Comply, as a minimum, with wages mandated by education of workers in their level of wages.
governments’ minimum wage legislation, or
industry standards approved based on collective
bargaining, whichever is higher. The wages shall Implement deductions only under the conditions
 refer to standard working hours,  and to the extent allowed by law or fixed by
collective agreement,

Pay wages in a regular, timely and stable manner, Where a pay rate for production, quota or piece
and fully in legal tender. Partial payment in the work, is established, allow workers to earn at least
form of allowance “in kind” is only accepted in line
 with ILO specifications,  a wage which respectively meets or exceeds
applicable legal minimum wages, industry
standards, or collective bargaining agreements
(where applicable) within standard working hours,

Assess the pay gap accurately, and work

progressively towards the payment of a living wage
that is sufficient to afford a decent standard of Ensure that workers of all genders and categories,
 living for the workers and their families, such as migrant and local workers, receive the
same remuneration
 for equal jobs and qualification,.
Fair Remuneration
PERINTAH GAJI MINIMUM 2020 (MINIMUM WAGES ORDER 2020
version 10 Jan 2020 and effective 1 Feb 2020

31
Fair Remuneration

PERINTA GAJI MINIMUM 2020 (MINIMUM WAGES ORDER 2020 version

10 Jan 2020 and effective 1 Feb 2020
Fair Remuneration
PERINTA GAJI MINIMUM 2020 (MINIMUM WAGES ORDER 2020 version
10 Jan 2020 and effective 1 Feb 2020

31
Fair Remuneration
PERINTA GAJI MINIMUM 2020 (MINIMUM WAGES ORDER 2020 version
10 Jan 2020 and effective 1 Feb 2020
 Occupational Health
and Safety

@HANI SERVICES
Occupational Health and Safety
Train all departments and individuals on
Respect the right to healthy working and living occupational health and safety regularly
conditions of workers and local communities, throughout all stages of employment, and provide
without prejudice to the specific expectations set information on potential occupational health and
out hereunder. Vulnerable persons, such as - but safety risks to workers and public, including
not limited to - young workers, new and expecting affected communities,
mothers and persons with disabilities, shall receive
 special protection, 
Comply with national occupational health and
safety legislation, or with international standards Seek improving workers’ protection in case of
where national legislation is weak or poorly accident, including through compulsory insurance
 enforced,  schemes,,

Ensure that there are systems in place to assess,

identify, prevent, and mitigate potential and actual
threats to the health and safety of workers,
 Maintain records of all health and safety incidents
in the workplace and all other facilities that are
provided or mandated,

Occupational Health and Safety
Take all appropriate measures, and obtain all
relevant licenses and documentation required by
national legislation, to see to the stability and safety Provide awareness to workers, and respect their
of the equipment and buildings they use, as well as right and responsibility to exit the premises and/or
 to protect against and prepare for any foreseeable  stop working without seeking permission in
dangerous situations and uncontrolled hazards,
emergency. This includes residential facilities for
workers when these are provided or mandated by
the employer or a recruitment partner,

 
Establish relevant committees, such as an Provide adequate occupational medical assistance
Occupational Health and Safety Committee, to and related facilities and provide equal access to all
ensure active co-operation between management workers for these services. Health services
and workers, and/or their representatives for the (including insurance) should serve the distinctive
 development and effective implementation of
systems that ensure a safe and healthy work
concerns and needs of all genders and ages,

environment. These committees aim to represent

the diversity of the workers, 
Occupational Health and Safety
Provide effective and tailored Personal Protective
Provide access to safe and clean drinking water, Equipment (PPE) to all workers free of charge,
and eating and resting areas free of charge, and taking the needs of different worker categories,
where applicable, provide access to cooking and such as pregnant and nursing women, into
food storage areas, consideration,
 
Provide an adequate number of safe, separate toilets
with adequate level of privacy for all genders, and Compensate the damages incurred to the workers
paper towels and washbasins with hand soap in all on the occasion that historical or actual failure of
 work areas,  adherence to principles is identified.

Ensure that when residential facilities are provided

or mandated, they are clean and safe, and they
meet all the basic needs of the workers,

 No Child Labour

@HANI SERVICES
No Child Labour
Establish robust age-verification mechanisms as
Not employ, directly or indirectly, children below part of the recruitment process, which may not be
the minimum age of completion of compulsory in any way degrading or disrespectful to the
schooling as defined by law, which shall not be less worker,
than 15 years, unless the exceptions recognized by
the ILO apply,
 

Protect children from any form of exploitation, Take special care and identify measures in a
proactive manner in case of the dismissal and
 removal of children, to ensure the protection of
 affected children.
No Child Labour

**“young person” means any person who, not being a child, has not completed his eighteenth year
of age;

**“child” means any person who has not completed his fifteenth year of age;

29
No Child Labour
According to Act 350 - Children and Young Persons (Employment) Act 1966:

Employment in which children and young persons may be

engaged
2. (1) No child or young person shall be, or be required or permitted to be, engaged in any hazardous
work, or any employment other than those specified in this section.

***(2) A child may be engaged in any of the following employments:

(a) employment involving light work suitable to his capacity in any undertaking carried on by his family;
(b) employment in any public entertainment, in accordance with the terms and conditions of a licence
granted in that behalf under this Act;

29
No Child Labour
According to Act 350 - Children and Young Persons (Employment) Act 1966:

Employment in which children and young persons may be engaged

2. (1) No child or young person shall be, or be required or permitted to be, engaged in any hazardous work, or
any employment other than those specified in this section.

***(2) A child may be engaged in any of the following employments:

(a) employment involving light work suitable to his capacity in any undertaking carried on by his family;
(b) employment in any public entertainment, in accordance with the terms and conditions of a licence
granted in that behalf under this Act;
(c) employment requiring him to perform work approved or sponsored by the Federal Government or the
Government of any State and carried on in any school, training institution or training vessel; and
(d) employment as an apprentice under a written apprenticeship contract approved by the Director General
with whom a copy of such contract has been filed.

29
No Child Labour
According to Act 350 - Children and Young Persons (Employment) Act 1966:

*(3) A young person may be engaged in any of the following employments:

a) any employment mentioned in subsection (2); and in relation to paragraph (a) of that subsection
any employment suitable to his capacity (whether or not the undertaking is carried on by his
family);
b) employment as a domestic servant;
c) employment in any office, shop (including hotels, bars, restaurants and stalls), godown, factory,
workshop, store, boarding house, theatre, cinema, club or association;
d) employment in an industrial undertaking suitable to his capacity; and
e) employment on any vessel under the personal charge of his parent or guardian:

29
Special Protection for
Young Workers

@HANI SERVICES
Special Protection for Young Workers
Ensure that young persons do not work at night
and that they are protected against conditions of
work which are prejudicial to their health, safety,
morals, and development, without prejudice to the
specific expectations set out in this principle,

Set the necessary mechanisms to prevent, identify
and mitigate harm to young workers, with special
Remove young workers from any hazardous work attention to the provision and access of young
or source of hazard immediately when such cases workers to effective operational grievance
mechanisms and to Occupational Health and Safety
 are identified, and redefine their scope of work
without any loss of income, trainings schemes and programmes specific to the
needs of young workers.


Ensure that (a) the kind of work is not likely to be

 harmful to young workers’ health or development;
(b) their working hours allow their attendance in
school, their participation in vocational orientation
approved by the competent authority or their
capacity to benefit from training or instruction
programmes,
 No Precarious
Employment

@HANI SERVICES
No Precarious Employment
Aim at providing decent, and where relevant,
flexible working conditions that also support
Ensure that, their recruitment process and
workers, irrespective of gender, in their roles as
employment relationships do not cause insecurity
parents or caregivers, including migrant and
and social or economic vulnerability for their
seasonal workers whose children may be left in
workers,
their hometowns,
 
Ensure that work is performed on the basis of a
recognised and documented employment Not use employment arrangements in a way that
relationship, established in compliance with relevant deliberately does not correspond to the genuine
national legislations, custom or practice, and purpose of the law. This includes - but is not limited
 international labour standards, whichever provides
greater protection,
 to - (a) apprenticeship or training schemes where
there is no intent to impart skills or provide regular
employment, (b) seasonality or contingency work
when used to undermine workers’ protection, (c)
Before entering employment, provide workers with labour-only contracting, and d) contract
understandable information in their own language substitution,
and ensure that they are aware about their rights,
responsibilities, and employment conditions,
 including working hours, remuneration and terms Not use subcontracting in a way that undermines
of payment in their own language, the rights of workers.

 No Bonded, Forced
Labour or Human
Trafficking

@HANI SERVICES
 No Bonded, Forced Labour or Human
Trafficking
The signatories commit to:
• Not engage in, or through business partners, be complicit to, any form of servitude, forced, bonded, indentured, trafficked
or non-voluntary labour, including state-imposed forced labour,

• Adhere to international principles of responsible recruitment, including the Employer Pays Principle, and require the same
from their recruitment partners, when engaging and recruiting all workers, either directly or indirectly, especially members of
vulnerable groups such as temporary and migrant workers, . As a minimum, this includes:
 No recruitment fees and costs are charged to workers
 Clear and transparent employment contracts
 Workers’ freedom from deception and coercion
 Freedom of movement and no retention of identity documents
 Access to free, comprehensive, and accurate information
 Freedom to terminate contract, change employer, and safely return
 Access to free dispute resolution and effective remedies

• Progressively compensate the damages incurred to the workers within a reasonable timeframe, and within the framework of
the same international principles, if historical or actual failure of adherence to principles is identified.
 Protection of the
Environment

@HANI SERVICES
Protection of the Environment
Implement a process- and risk-based environmental due diligence management system in their business practices, adjusted
to the business model of the company. This can also be integrated into the overall due diligence management system,

Comply with national environmental legislation, or with international standards where national legislation is weak or poorly
enforced,,


Identify the environmental impacts of their operations, and implement adequate measures to prevent, mitigate and remediate
adverse impacts on the surrounding communities, natural resources, climate, and the overall environment.

 Ethical Business
Behaviour

@HANI SERVICES
Ethical Business Behaviour
Not take part in any act of corruption, extortion or Not falsify, or participate in falsifying any
embezzlement, nor in any form of bribery - information or in any act of misrepresentation in
including but not limited to - the promising, the supply chain,
offering, giving or accepting of any improper
monetary or other incentive,
 
Develop and adopt adequate internal controls,
programmes or measures for preventing and Provide awareness to the workers about the
detecting corruption, extortion, embezzlement or policies, controls, programmes and measures
any form of bribery, developed on the basis of a against unethical behaviour, and promote
 company-specific risk assessment,  compliance within the company through trainings
and communication,

Keep accurate information regarding their

activities, structure and performance, and disclose
these in accordance with applicable regulations and Collect, use, and otherwise process personal
industry benchmark practices to enhance
 transparency of their activities,
information (including that from workers, business
partners, customers and consumers in their sphere
of influence) with reasonable care. The collection,
 use and other processing of personal information
must comply with privacy and information security
laws and regulatory requirements.
GROUP ASSIGNMENT
1 a) Is there a union or any worker representation present at the site and has the site facilitated this?

Discussion
b) Where worker representation does exist, is effective (confirmed by interview with workers e.g. how
often do they meet with management and what are the outcomes).
c) How do worker representatives elected through a free and fair process?
d) Are meetings documented and communicated to the workforce?
e) How do workers feel about their representatives, do they know who they are and what topics can be
raised through them, do they feel fairly represented?
f) Where no worker representation exists, what is the on-site communication method between managers
and workers?

2 a) Are there ways in which workers can report discrimination?

b) What are the workers’ legal rights to observe religious holidays, prayer time during working hours etc?
c) What is the gender and ethnic balance between workers and middle management?
d) Any discrimination based on category of worker or type of contract e.g. agency, temporary, migrant and
local workers in terms of equal opportunities?
e) What training is given and to whom?
GROUP ASSIGNMENT
3 a) What criteria are used when advertising for new workers?
b)
c)
d)
Discussion
What age checks are done at the hiring stage?
What is the minimum mandatory school leaving age in the area?
What is the local custom and practice on minimum age of working?
e) What documentation is kept to verify age?
f) What steps do they take to ensure such documentation is valid and not fraudulent?

4 a) What systems are in place to record accidents and any figures available such as number of accidents in
the last 12 months and reductions in accidents and any targets?
b) How is the access to clean toilet facilities and to potable water, and, if appropriate, sanitary facilities for
food storage?
c) Please explain on how is the distribution and maintenance of PPE and whether any charge to workers.
d) What action is taken against anyone who disregards Health and Safety rules and if this is disciplinary
does this happen at all levels: workers and management?
e) Does the worker know the who is the trained first aiders are and are there enough trained first aiders on
each shift?
GROUP ASSIGNMENT
5 a) Does the site have a policy prohibiting forced labour? Does this include the use of prison labour and do

Discussion
they inform clients of any such use?
b) Do they have a system for checking that no worker’s original papers are withheld e.g. Passports or ID’s
either by the site, any of its labour agents or other 3rd parties?
c) What security controls are in place at the site, are workers free to leave site at any time? Any
restrictions/permissions should be commensurate with risks concerned.
d) Do security guards’ contracts clearly state their duties and set appropriate limits on the way they
interact with workers to ensure that they are not used to restrict workers’ movements?