Improving Workers’ Lives Worldwide H&M HENNES & MAURITZ AB ASSESSMENT FOR ACCREDITATION October 2008 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION Table of Contents Introduction........................................................................................................................................... 1 H&M’s Corporate Social Responsibility Program ......................................................................... 1 Analysis of H&M’s Social Compliance Program Using the FLA Obligations of Companies and Evaluation Working Group Benchmarks................................................................................ 3 Conclusion............................................................................................................................................16 www.fairlabor.org2 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION Introduction FLA-accredited Participating Companies have demonstrated that they have the systems and procedures in place to successfully uphold fair labor standards throughout their supply chains. The complexity and ever-evolving nature of global supply chains make it impossible to guarantee that a product is made in conditions free of labor rights violations. For this reason, FLA does not certify brands. Instead, FLA evaluates companies at the headquarter level – in addition to standard factory-level due diligence activities that are conducted annually – to determine whether they have social compliance systems in place to proactively identify and address risks or instances of noncompliance. Accreditation is the highest level of recognition for FLA-affiliated companies, and is reevaluated every three years. The FLA Board of Directors voted to approve the accreditation of H&M’s China compliance program on October 28, 2008, based on proven adherence to FLA’s Workplace Code of Conduct and the Obligations of Companies. Details on FLA’s accreditation methodology can be found at www.fairlabor.org/accreditation. H&M’s Corporate Social Responsibility Program H&M is a Swedish company producing mainly apparel for women, men and children but also producing cosmetics, footwear, and accessories. Now headquartered in Stockholm, the company was founded in 1947 when the first H&M store was opened. As of 2007, the company had over 1,500 retail stores in 28 countries and employed 68,000 people. H&M had 20 production offices mainly in Europe and Asia and worked with approximately 800 suppliers (2,500 factories). H&M adopted a Code of Conduct and started its Corporate Social Responsibility (CSR) program in 1997. The CSR Manager, who reports directly to the CEO, is the head of the CSR program. The H&M Flagship store in Sweden. CSR Manager is supported by Code of Conduct Coordinators as well as by Regional Code of Conduct Coordinators at regional offices (Europe, Far East, and South Asia). H&M relies mainly on its internal compliance staff and, in a limited capacity, some third-party monitors to implement its social compliance program. Currently H&M has 81 full-time employees engaged in CSR and Code of Conduct work based globally in Europe and throughout Asia. H&M has been publishing an annual CSR report since 2002. www.fairlabor.org1 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION H&M was accepted as a Participating Company by the FLA in 2005 with a two-year implementation period. H&M began participation in the FLA effective January 2006. H&M’s participation in the FLA at such time was only for their sourcing in China. The CSR team in China consists of 33 full-time dedicated staff members. These include: (1) a Code of Conduct Regional Coordinator based in Hong Kong, who oversees the CSR activities in the Far East region (which includes China, Indonesia, Vietnam, Thailand, South Korea, and Cambodia); (2) three Code of Conduct Managers (one each based in Hong Kong, Guangzhou, and Shanghai); (3) eight auditors in Guangzhou and 17 auditors in Shanghai; (4) two Code of Conduct administrators; (5) one Global Coordinator for Environmental and Health and Safety; (6) one Global Fabric and Fiber Coordinator based in Shanghai; and (7) one Controller/FLA Coordinator in Hong Kong. Other H&M employees have partial responsibilities to ensure H&M advances in its CSR goals; thus, all production staff in China are expected to communicate H&M’s CSR standards to suppliers and sourcing staff are involved in presourcing audits as well as safety and health visits Sewing facility of an H&M supplier in Shanghai. The company is actively engaged in discussions with FLA staff at the headquarters and regional levels. H&M attends at least one Board Meeting each year and actively participates in the Monitoring Committee. H&M has also actively participated in FLA trainings in China, sending staff to two FLA 3.0 Foundation Courses in 2007, enrolling one factory in 3.0 in 2007, and participating in grievance procedure trainings (arranged in 2007 but only taking place in 2008). Interviewing a worker at an audit of one of H&M’s facilities in Bangladesh. Workers at an H&M facility receiving training. www.fairlabor.org2 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION The table below describes H&M’s supply chain over the period 2006-2007, as reported to the FLA. H&M sourced from 500 applicable facilities in 2006 and 453 facilities in 2007. During this period, H&M factories were subject to a total of 42 unannounced Independent External Monitoring events (IEMs) conducted by FLA-accredited independent external monitors. Information on the results of the IEMs, and the remediation undertaken by H&M in response to IEM findings, are provided in FLA tracking charts and discussed, as appropriate, in the next section. H&M jeans being sewn by a worker. H&M Applicable Factories & IEMs, 2006-2007 Country 2006 Applicable Facilities 2006 IEM 2007 Applicable Facilities 2007 IEM China 500 19 453 23 Total 500 19 453 23 Analysis of H&M’s Social Compliance Program Using the FLA Obligations of Companies and Evaluation Working Group Benchmarks Information used in this assessment originates from annual reports submitted by H&M to the FLA verified through: (1) visits to H&M’s headquarters by FLA staff in 2008 and meetings with H&M at FLA offices in Washington, DC and Geneva; (2) visits to the Guangzhou office and an H&M factory by FLA staff; (3) observation of a training session in July 2008; (4) shadowing of a monitor in July 2008; (5) information gathered via in-person and/or phone interviews, and/ or email correspondence with H&M monitors and other key stakeholders; and (6) results of IEMs and ensuing remediation. 1. Adopts and communicates a code 1.1 Formally adopts a code that meets or exceeds FLA standards Actions Taken: H&M adopted their Code of Conduct (CoC) in 1997. Verification by FLA: Copies of the H&M Coc are available online and at the FLA offices. H&M’s CoC meets and exceeds the FLA Workplace Code of Conduct in many respects. The H&M CoC proscribes discrimination based on race, gender, religion, or ethnic background, and moreover states that all workers with similar experience and qualifications should receive equal pay for equal work. The CoC does not currently recognize discrimination based on age, disability, or political opinion, which are part of the FLA Workplace Code of Conduct. The CoC requires that weekly working time not exceed national limits and overtime always be voluntary and properly compensated, but there is no weekly ceiling placed on overtime. The FLA recommends that H&M review these points as it finalizes a revision of its CoC that is currently in process. www.fairlabor.org3 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION 1.2 Informs all suppliers in writing Actions Taken: The H&M CoC is communicated to each new supplier during factory meetings. The suppliers, in turn, are responsible for informing any subcontractors and workers about H&M’s Code. All suppliers receive the H&M CoC and sign a compliance commitment form. Sourcing staff generally meet with new suppliers and inform them of the requirements. H&M is also training sourcing staff to conduct pre-sourcing visits. Verification by FLA: H&M communicates the CoC to new suppliers. H&M also receives a signed commitment letter from each supplier that acknowledges receipt of the CoC and attachments such as code of ethics, restriction on chemicals, and safety issues as well as quality requirements. The FLA reviewed copies of signed letters during factory and office visits. During the observation of internal audits in China, the findings were inconsistent. During the audit in South China, the factory had not received any information from the FLA and in another visit, the factory had received information. H&M is developing a “Guidance for Implementation of Good Labor Practice” which provides details on the expectations of suppliers for factory management. A copy of the document and corresponding attachments is on file with the FLA. The document will soon be translated into Chinese and Turkish. 1.3Posts the code in a prominent place in supplier facilities in the local languages of workers and managers Actions Taken: H&M does not require its suppliers to post the company Code. The company’s view is that if a manufacturer works with several buyers, different codes might confuse workers. They have tested posting a simplified version of the Code in factories in Indonesia and in Latvia but this did not produce positive results. Instead of posting, H&M places emphasis on encouraging supplier factories to set up internal policies that are in line with local labor law and the H&M CoC, making certain that all workers know what their rights and obligations are. Verification by FLA: The IEMs confirm that the Code is not posted. H&M does not require suppliers to post the CoC because of feedback they have received that: (1) the text is too long; (2) workers are generally reluctant to read; and (3) codes remain posted even after a buyer has exited the factory. Instead, H&M encourages suppliers to create their own internal management systems that incorporate labor standards. During observation of 2 internal audits, interviews with H&M staff, and review of the audit instrument, FLA found that the expectation of such internal management systems on awareness and worker education was not being conveyed and implemented consistently at the factory level. In one factory in Guangzhou, the Code and expectations about training had not been conveyed to the factory. In another factory, in Shanghai, while the factory had received the H&M Code and understood the expectations, the handbook the factory had adopted included a Code of Conduct that was missing some key provisions. H&M does not include in their audit process a check on whether or not a factory has adopted a Code and educated workers on it. 1.4 Ensures that workers are informed orally and educated at regular intervals (to take account of labor turnover) Actions Taken: As mentioned above, H&M encourages supplier factories to set up internal policies that are in line with local labor law and their CoC and to make sure all workers know what their rights and obligations are. Verification by FLA: H&M requires suppliers to educate workers on factory policies and procedures incorporating H&M standards. The Code is often provided to the vendor but there is no verification that the requirement for training is conveyed to the production units. The audit instrument does not have any questions verifying that trainings to workers are provided. www.fairlabor.org4 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION 34 of 42 IEMs cite findings that note: (1) workers were not aware of the Code; (2) workers had not received training; or (3) factory management said they had not received a Code from H&M. 1.5 Obtain written agreement of suppliers to submit to periodic inspections/audits, including by accredited external monitors, to remediate instances of noncompliances with FLA Workplace Standards that arise, and to inform employees about those standards Actions Taken: Suppliers agree to submit to H&M and third-party audits and remediation when signing the H&M Code. All H&M suppliers in China have been informed of the company’s participation in the FLA and how it affects them. Verification by FLA: H&M requires suppliers to sign a commitment letter during inspections. FLA staff has reviewed copies of these letters at H&M’s office in China. During two audits observed by FLA staff, the factories claimed that they were not aware of H&M’s affiliation with the FLA. H&M has been made aware of this issue and has adopted a policy of informing suppliers annually about its affiliation with the FLA and the IEM process. 2.Trains internal compliance staff 2.1 Identifies the staff or service provider responsible for implementing their compliance program Actions Taken: The CSR team in China consists of 33 full-time dedicated staff members. These include: (1) a Code of Conduct Regional Coordinator based in Hong Kong who oversees the CSR activities of the Far East region, which includes China, Indonesia, South Korea, and Southeast Asia; (2) three Code of Conduct Managers (based in Hong Kong, Gunagzhou and in Shanghai); (3) eight auditors in Guangzhou and 17 auditors in Shanghai; (4) two Code of Conduct administrators; (5) one Global Coordinator for Environment, Health and Safety; (6) one Global Fabric and Fiber Coordinator based in Shanghai; and (7) one Controller/FLA Coordinator in Hong Kong. Verification by FLA: The FLA has interacted with H&M CSR staff both at the headquarter level and in the China offices. FLA staff visited the China office in April and September 2008, shadowed audits in April and September 2008, and observed training in April 2008. 2.2 Ensures that they had training in all the areas under their responsibility, including, as appropriate, international and national labor standards, local languages, occupational and production risk factors, and techniques for monitoring, interviewing and remediating Actions Taken: H&M trains its own staff but will sometimes uses external trainers from organizations such as [monitoring organizations and CSOs]. H&M’s internal training focuses on: (1) introduction to H&M CoC and the organization; (2) internal guidelines and work tools (Full Audit Program or FAP, Management Action Plan or MAP, Follow Up Program or FUP); (3) ILO core standards; (4) auditing techniques, including report writing and meetings with suppliers and the production department; and (5) a one-hour training session with each department in the production office (such as lab, merchandising, shipping, etc.). The Global Environment, Health and Safety Coordinator is in process of training the auditors on a global basis. The Fabric and Fiber Coordinator is running an evaluation project of fabric mills in China that will guide H&M on how to select fabric suppliers. Moreover, auditors will be trained on the tool developed from the project. www.fairlabor.org5 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION Verification by FLA: The FLA confirms that H&M’s internal compliance staff has received training, particularly with regard to auditing. FLA staff observed a training on environmental issues in Guangzhou. The FLA found the participation of the audience to be very good and found the course to be well organized and structured. The trainer, from H&M’s headquarters, also had an excellent knowledge of MSDS and was able to help the participants understand the differences between toxic and harmful substances. 2.3 Updates that training at regular intervals Actions Taken: Each year H&M gives its auditors updated training in relevant fields. In 2007, the following internal trainings were given to the auditors in China: (1) how to use the new IT system; (2) performance of follow-up audit; and (3) environmental training with focus on metal plating. The China team also received the following external trainings in 2007: (1) Media Training (by Swedish external consultant); (2) “Good CSR Auditors” training provided by [monitoring organization]; (3) Training The Trainer, Productivity and Reducing Overtime, Labor Relations Management, Workplace Environment, Health and Safety Management (EHSM); these trainings were given by [consulting organization] for H&M suppliers, but some H&M auditors also participated; (4) Workers Engagement and Social Responsibility in China, provided by [monitoring organization]; (5) update on new labor law; and (6) session with [CSO] on consequences of the new labor law. H&M has also identified areas or subjects for training and for follow-up and continuous training. For example, during weekly meetings with the audit teams, the CoC Managers use the opportunity to assess the impact of the various trainings and how the trainings can be applied to auditing or remediation. These meetings are also used to identify different training needs and areas for further training. Verification by FLA: In the future, FLA staff recommends additional training on: (1) the FLA and FLA processes; (2) labor law and international labor standards; (3) grievance procedures; (4) labor relations; and (5) additional training for auditors on handling of chemicals and remediation. Trainings that have taken place – persons receiving training, subject matter, feedback from training recipients, next steps – are currently tracked through H&M’s IT system. 3. Provides employees with confidential reporting channels 3.1 Encourages the establishment of grievance procedures at supplier facilities Actions Taken: H&M uses the Management Action Plan tool to investigate issues such as worker-management communication and grievance systems in greater detail. The tool serves to examine what routines are in place, and how they function. The results are discussed with the supplier, and the supplier takes responsibility for preparing a remediation plan. H&M has also started to train its auditors in China on grievance systems and procedures based on initial feedback from the FLA. They view this as one of the root causes of noncompliance throughout the supply chain and have started to train staff by sending them to the FLA Grievance Procedure trainings. H&M also formed a working group of 3 CoC team members to develop a grievance system model and devise a method to introduce it to the factories. While the model will continue to be developed in 2009, the first phase identified systems and procedures, along with timelines and goals. During the next phase they will work out practical ways of implementing these projects and thereafter put these ideas into effect. Verification by FLA: During the audits observed by FLA staff, the auditors demonstrated a very good ability to assess unfair disciplinary practices and convey the principles of a fair disciplinary practice procedure during the closing meeting with management. During the audit observed in Guangzhou, the FLA notes that the auditor did not communicate to the factory management about the need to establish a grievance procedure and what such a procedure might look like. However, during a subsequent audit observed in Shanghai, the auditor demonstrated www.fairlabor.org6 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION very good knowledge of grievance procedures and was able to advise the factory on missing elements in a functional grievance process as well as on practical solutions to establish a system. The FLA can verify that H&M arranged for a training course for its compliance officers focused on grievance procedures and they also participated in FLA trainings on Grievance Procedures. 3.2Provides channels for Company employees and workers at those facilities to contact the Company directly and confidentially if warranted Actions Taken: Workers that are interviewed in connection with factory audits receive H&M business cards with the number to the internal H&M workers’ hotline, a direct and confidential line to H&M auditors. This system is functioning in Shanghai and will be operational in Guangzhou soon. Workers can also contact the CSR department via their website. Finally, auditors hand out business cards with contact information so that workers can raise issues to them. Mostly, H&M takes a position to support the factory in the development of functional grievance procedures and internal complaints mechanisms. Verification by FLA: The IEMs reveal that the confidential noncompliance reporting mechanism has limitations. Out of 42 IEMs, 35 noted that no channel existed or workers were not aware of it. During a factory audit observed by FLA staff, the H&M monitor passed out her business card to each worker interviewed. H&M is considering developing a hotline for workers but it is not yet functional. The FLA encourages H&M to continue development of the hotline. The company received 10 concerns/complaints from workers from July to December 2007, most of them focusing on unpaid wages and unfair dismissals. H&M stated that it is discussing options to strengthen worker communication channels, including displaying posters with contact details so that all workers have access and exploring the possibility of working with other external service providers so that all workers have access to a channel for contacting H&M. The FLA encourages H&M’s efforts in this area. Based on the Guangzhou audit observed by the FLA, the FLA recommended that H&M track the grievances received and their disposition more closely and provide staff with more training on the handling of grievances and complaints to ensure they are addressed promptly and consistently. At a later visit to the Shanghai office, H&M had already implemented a sound system of documenting all grievances. H&M offered to meet each worker outside of the workplace to understand the concerns if the worker is willing. The FLA encourages this practice be applied to all offices. 3.3 Ensures the channel is secure, so workers are not punished or prejudiced for using it Actions Taken: H&M plans to create a worker hotline and provides auditors’ number to workers during worker interviews. Workers can also contact H&M directly via their website. Both of these channels allow workers to report concerns confidentially. Verification by FLA: H&M plans to create a hotline for all workers and is in discussion with local NGOs for staffing it. FLA staff observed H&M auditors giving out business cards during worker interviews. The H&M auditor also verbally conveyed H&M’s non-retaliation policy to the workers. The company has started to offer to meet workers offsite to collect more detailed information about any complaints and to protect the workers from retaliation. The FLA encourages the off-site worker interviews in order to get a better picture of worker concerns with regards to wages and other more elusive issues. www.fairlabor.org7 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION 4. Conducts internal monitoring 4.1 Internally monitors an appropriate sampling of suppliers to assess compliance, which includes worker interviews, records review, occupational safety and health review, practices of suppliers in relation to the FLA Workplace Standards Actions Taken: All potential new factories have to pass an H&M CoC Audit prior to receiving the first order. As of the end of 2007, H&M had sourced from 527 facilities in China, all internally audited by FAP/FUP system described further below. Factory auditing levels are based on risk criteria including: (1) country risk; (2) size of factory; and (3) business significance to H&M. The audits comprise the following elements: (1) worker interviews; (2) data collection about production capacity; (3) factory walk through (including effluent treatment plans and dormitories); (4) document review; and (5) management interviews. All documentation reviewed is cross-referenced and information is corroborated with interviews and data collected through the factory walk through. H&M has also created an internal CoC working group to look at how worker interviews are conducted and if there are more effective techniques. Verification by FLA: FLA randomly selected a sample of H&M factories and found that they had received regular audits and followup visits. All audits are generally announced, although unannounced audits may also be conducted. All first tier production units are covered by internal audits. H&M has also recently started to categorize its suppliers/units into four groups (key, important, profile and new factories) and is developing different CoC strategies with the factories. During the Shanghai visit, FLA staff confirmed that H&M is using this approach to prioritize factory focus and auditing. With key suppliers, H&M focuses on quality remediation and system improvement and announced visits focused on building transparency as opposed to a traditional audit. With the “Important Group” and “Profile Group,” traditional auditing is still the main means of CoC monitoring. The FLA observed two internal audits conducted by H&M auditors and confirmed that standard audit procedures were followed. The monitor at a factory in Guangzhou handled the audit very well, both in dealing with management and workers as well as with regard to health and safety and document review. The monitor displayed very good analytical skills in identifying ways to corroborate noncompliances and was very skilled in interviewing workers and attempting to safeguard their interests. More detailed feedback about the audit has been provided to the company in a separate document. At a factory in Shanghai, the monitoring team was very strong, comprising a Chinese-speaking Swedish national and an English-speaking Chinese national; the two monitors had complementary cross-cultural communication skills and practical knowledge about factories that resulted in a constructive discussion with factory management. 4.2 Collects, verifies and quantifies compliance with workplace standards Actions Taken: H&M has created a comprehensive audit instrument to evaluate compliance conditions in its supplier factories. Beside each question on the audit instrument is a symbol that indicates the appropriate method for verification. After the audit, the auditor will collect the audit findings and verify them against the H&M Code requirements. The noncompliance findings are submitted into the H&M audit finding summary document and communicated to the supplier. Verification by FLA: A copy of the FAP audit instrument is on file with the FLA. The FLA recommends that additional questions verifying training on worker rights and on company obligations, aligned with the H&M CoC, be added to the audit instrument. www.fairlabor.org8 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION 4.3 Analyzes the monitoring results and implements remediation plans to address noncompliance issues Actions Taken: Upon receiving the audit findings summary, H&M’s auditors discuss compliance results among themselves and then with the supplier. The supplier takes responsibility for determining suitable methods for remediation. The suppliers are requested to respond with their own corrective action plan within one week. If their remediation plan is insufficient, H&M will initiate a dialogue with the supplier on how to best remediate the noncompliance in a sustainable manner. Verification by FLA: The FLA reviewed monitoring report summaries and remediation plans provided to the factories. FLA staff also observed the closing meeting during two factory audits. The FLA recommends that auditors explain findings to the factory in a more detailed fashion or provide a more detailed written summary of the analysis so that the noncompliance can be remediated sustainably. FLA staff has conveyed this feedback to H&M and H&M is aware of the need to strike a balance between summary reports that are too dense and reports that are too general. 4.4 Tracks the progress of remediation Actions Taken: Between FAP audits, H&M conducts follow-up audits, at least once a year, or even more often. The frequency or need for follow-up visits is based on the kind of noncompliances identified. Follow-up visits may be announced or unannounced depending on the types of noncompliances raised in the original audit. H&M tracks the remediation process in connection with the follow-up visit. During such visits, H&M auditors seek to determine whether the activities undertaken by the supplier will contribute to resolving the problem at hand. During the first follow-up visit, H&M will discuss the remediation plan with the supplier. During the second followup visit, the H&M auditors will check on whether there are improvements and how the remediation is progressing, in order to assess whether the remediation plan has produced the desired outcome. After approximately 3 followup visits, H&M will conduct a new full audit. Verification by FLA: FLA staff confirmed that follow up visits to track the progress of remediation are conducted regularly, depending on the issues raised and the importance of the supplier. 5. Remediates in a timely manner 5.1 Upon receiving the internal and independent external monitoring reports, contacts the supplier concerned (within a reasonable timeframe) to agree to a remediation plan that addresses all compliance issues identified by the monitor Actions Taken: Upon receiving the IEM, the CoC Manager will contact the supplier for a meeting to discuss the audit findings and suitable remediation. After that, H&M will formulate a remediation plan, and the factory will formulate a response that H&M will add to the tracking chart. During internal audits, H&M will ask the factory to develop a remediation plan on their own and will enter into dialogue with the factory about the plan only if it is insufficient. Verification by FLA: H&M does not always discuss remediation plans with the factory. Given that the factory reports are often very general, entering into a dialogue with the factory may result in more sustainable remediation and allow H&M auditors to identify the root causes of the noncompliances. 5.2 Implements a remediation plan regarding the noncompliances and the actions taken to prevent the recurrence of such noncompliances www.fairlabor.org9 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION Actions Taken: As described above, H&M discusses the remediation during the first visit, checks on progress and improvements during the second visit, and uses the third visit to assess the sustainability of the remediation. H&M tracks the remediation process in connection with follow-up visits. During such visits, the auditors aim to determine whether the activities undertaken by the supplier will contribute to resolving the problem at hand. Verification by FLA: H&M seeks to develop sustainable remediation plans where possible. Remediation plans for FLA IEMs are posted on the website. H&M has improved the quality of its remediation plans and is seeking to implement more sustainable and preventative remediation strategies. In one instance, H&M was very responsive to findings regarding discrimination of workers with Hepatitis-B and took action across factories. H&M also followed up regularly on a noncompliance regarding an under-age worker to ensure that the issue does not recur. H&M has worked with factories to develop a child labor prevention procedure in their hiring practices and Human Resources systems. 5.3 Within sixty (60) days, supplies the FLA with the remediation plan citing all progress made and a timeline for outstanding items Actions Taken: H&M has aimed to meet time guidelines for submitting remediation plans to the FLA but has sometimes fallen short of the mark. H&M aims to strengthen internal organization in order to improve the speed and quality of remediation. Verification by FLA: H&M experienced delayed submission of their tracking charts in 2006 and 2007. However, in 2008 H&M recruited a coordinator in Hong Kong to oversee FLA work and the tracking charts were promptly submitted. During the FLA’s visit to the Shanghai office, the coordinator gave a presentation to the FLA on how the IEM process will be handled. Tracking charts for all 42 IEMs conducted at H&M factories in 2006-2007 have been completed. 5.4 Confirms the completion of remediation Actions Taken: All remediation is confirmed through a follow-up inspection or series of follow-up visits. The duration of time between an initial audit and the various follow-up visits may vary depending on the issues found during the initial audit. Verification by FLA: The FLA recommends that H&M develop a better system to track open noncompliances in cases where there is no Management Action Plan or no progress being made. Based on the remediaton plans for some IEMs, it is not clear if the remediation of serious noncompliances has been completed (even in cases where H&M has terminated the factory relationship), e.g., in the case of non-payment or under-payment of wages, it is not documented if the remediation is complete and workers have received back wages. 5.5 Conditions future business with contractors and suppliers upon compliance standards Actions Taken: H&M seeks to condition future business with suppliers upon compliance standards. The company conducts a preproduction assessment of any new supplier and if the factory does not meet the H&M minimum requirement, the orders are not placed. If noncompliances occur in a factory that is producing for H&M, H&M auditors will meet with the factory to identify the root-causes of the noncompliances and may temporarily cease orders until the minimum standards are met. If a factory producing for H&M meets only the minimum requirements without achieving compliance with all code elements, the factory will have to produce an action plan for improvement. If there is no improvement, the orders may be decreased. Similarly, if a factory makes progress, more orders may be placed with the factory. www.fairlabor.org10 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION If H&M finds repeated cases of serious noncompliance, such as falsified documents or undeclared production units, H&M may permanently reject the factory, meaning that it can never produce for H&M again. H&M also has defined zero-tolerance issues such as child labor, unauthorized subcontracting, and falsified documents. If such a noncompliance is found at the factory level, the factory will receive a warning and is expected to remediate the issue in a preventative and sustainable manner. In the case of child labor, the factory relationship will be terminated if the noncompliance recurs. Other termination decisions are taken on a case-by-case basis but if systematic violations of H&M standards occur, H&M may work with its production units to end production permanently. Verification by FLA: FLA staff has confirmed, and has retained sample documentation to support, that H&M’s current system of sourcing is based on the following steps: 1. The CoC auditor, together with sourcing staff, visits the potential supplier at an early stage of communication, whereby, in addition to issues such as quality, capacity, prices, etc., CoC compliance is also pre-assessed. 2. A pre-audit meeting takes place between the supplier and CoC management, during which H&M’s CoC, among other documents, is submitted and signatures received. 3. An initial audit FAP, of at least 2 man-days, is conducted. If the factory is rejected, it may be reconsidered later if it can demonstrate improvement. The FLA verified the warning system H&M has in place. H&M staff discussed some CoC zero-tolerance areas: (1) child labor; (2) undeclared production units; and (3) faked documents, which are well documented in the FAP guidelines. These issues are not in reality zero-tolerance as they activate the warning system and the factory is given an opportunity to remediate them. During the IEM process, the FLA has witnessed the warning system in operation. During the visit to the Shanghai office, FLA staff learned that CoC is not fully integrated into considerations regarding factory exits. The FLA encourages H&M to integrate sourcing and CoC functions and recommends that H&M develop a formal exit strategy along with its sourcing units to ensure that, at minimum, egregious noncompliances are addressed prior to ending a business relationship. Documentation of H&M’s efforts to remediate noncompliances should be maintained. H&M has stated that the CoC department is taking steps to develop an exit strategy working closely with their sourcing counterpart. 6.Takes all steps necessary to prevent persistent forms of noncompliance 6.1 Analyzes compliance information to identify persistent and/or serious forms of noncompliance Actions Taken: H&M uses the CoC web-based system to get a picture of the most prevalent and most serious code violations in the different production countries. This information helps the CoC department to direct their efforts towards the most critical issues. Verification by FLA: H&M provided the FLA with a sample analysis of their reports. Critical issues being addressed currently are child labor, faked documents, and undeclared subcontractors. The FLA also reviewed audit findings showing trends that demonstrate whether remediation is progressing or not based on the various follow-up interventions the company is making. 6.2 Establishes and implements programs designed to prevent the major forms of such noncompliance Actions Taken: H&M seeks to implement preventative remediation plans in response to serious noncompliances. H&M works to develop internal trainings and identify external training directed towards the most important compliance issues and direct these to suppliers with such noncompliances. H&M has arranged for supplier trainings on increasing productivity and reducing overtime, labor relations, health and safety, and workplace environment. www.fairlabor.org11 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION Verification by FLA: The FLA confirms that H&M has sought to implement preventative remediation plans in many instances such as the actions taken in response to under-age workers found in the IEMs and hepatitis discrimination issues. In some remediation plans, however, H&M’s approach does not address the root causes of the noncompliances. The FLA recommends that H&M investigate the root causes of the noncompliance and target training programs and remediation plans towards prevention. H&M demonstrated through interviews at the Shanghai office and observations of the audits, that staff does not have a good strategy for how to remediate or respond to freedom of association issues in China. They have asked for FLA guidance on how to address these issues. 6.3 Takes steps to prevent recurrence in other Applicable Facilities where such noncompliance may occur Actions Taken: H&M works to develop internal trainings and identify external training on the most important compliance issues and directs these to suppliers where such noncompliances are likely to occur. Verification by FLA: H&M has enrolled 1 factory in FLA 3.0, a sustainable compliance initiative that is open mainly to companies with accredited compliance programs. H&M also applied the child labor prevention procedures across all factories as a preventative measure. H&M should emphasize an analysis of root causes as the basis of remediation strategies. 7. Submits to Independent External Monitoring 7.1Provides the FLA with an accurate, up-to-date factory list, factory profile, access letters, etc. Actions Taken: H&M provides FLA with quarterly updates of its factory base. In between quarterly updates H&M informs the FLA if a factory ceases to produce for them. The FLA is granted access to H&M’s data system in order to find contact details and addresses of the factories. H&M provides FLA documentation as required. Verification by FLA: By agreement between the FLA and H&M, the latter does not provide complete factory information to the FLA. H&M provides the FLA with encoded information regarding the name of factories and their location. For the factories subject to IEMs, FLA staff visits the Beijing or Shanghai office to collect complete information from the master lists. H&M provides access letters and other IEM documents promptly. 7.2 Ensures that the suppliers selected for IEMs cooperate with the FLA monitors Actions Taken: H&M informed all of its suppliers of its affiliation with the FLA and are now sending a reminder on an annual basis. Verification by FLA: The FLA can verify that H&M suppliers cooperate with IEM monitors. 7.3 Cooperates with FLA requests for information, clarification and follow-up in the IEM process Actions Taken: H&M cooperates with FLA requests for information and follow-up during the FLA process. Verification by FLA: H&M has promptly responded to the FLA with regard to information requests and other requests for clarification. www.fairlabor.org12 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION 8. Collects and manages compliance information 8.1 Maintains a database Actions Taken: H&M has recently developed and implemented a new and more sophisticated CoC web-based system which is used by the CoC Department. It functions as a tool for planning audits, and as a database collecting and updating data for each supplier and their subcontractors (including audit results, follow-up, and communication). It also enables H&M staff to gather statistics and analyze audit data in order to collect more quantitative and qualitative information about noncompliances. The CoC system communicates with the order placement system and other relevant production related systems, in order to enable the CoC department to lock production units who do not meet the CoC standards for order placement. Verification by FLA: According to H&M staff, the new database is still not fully operational. As a result, the older supplier database management system is still being run alongside the new CoC database, and local staff has to implement updates manually when there are changes. 8.2Generates up-to-date lists of its suppliers when required Actions Taken: All information regarding the suppliers and their subcontractors are entered into the company database. Verification by FLA: The new database for suppliers is well-designed and, once it is fully operational, will be able to generate up-todate lists of suppliers. The older database is being used in the interim to fulfill FLA requirements. 8.3 Analyzes compliance findings Actions Taken: H&M uses the CoC system to analyze recurring and serious code violations in the different production countries. Verification by FLA: FLA staff reviewed compliance findings with H&M staff. In 2007, for example, analysis of monitoring activities in China revealed that 25% of the potential new suppliers were rejected at initial FAP, and 77% of the ones that had undergone the first FUP upgraded to temporary status. All of the 5 FAP/FUP audits where under-age workers (10 such workers) were found were in Hong Kong/Guangzhou jurisdiction. There were no cases where egregious issues were found in follow-up audits that could have resulted in permanent rejection of the suppliers. The FLA also has on file samples of other factory analysis H&M has done to measure the progress and impact of remediation taken at the factory level. 8.4 Reports to the FLA on those activities Actions Taken: H&M reports on activities upon request from FLA and in the annual report. Verification by FLA: The FLA has on file samples of H&M reports analyzing compliance findings. www.fairlabor.org13 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION 9. Consults with civil society 9.1 Maintains links to organizations of civil society involved in labor rights and utilizes, where companies deem necessary, such local institutions to facilitate communication with Company employees and employees of contractors and suppliers in the reporting of noncompliance with the workplace standards Actions Taken: H&M has continuous dialogue with other brands, organizations and service providers in production markets. Verification by FLA: The Global Project Coordinator manages the programs related to CSO collaboration. H&M is in the process of creating local Project Coordinator positions in the three operational regions, including East Asia. Among others, H&M is discussing with [consulting organization] and [CSO] regarding worker trainings and communication of grievances. The FLA recommends H&M staff in China also engage more regularly with local CSOs in Hong Kong and in China. H&M is actively involved in several programs run by [consulting organization] and by [consulting organization] that include CSOs, but direct contacts with CSOs in China are relatively limited. H&M has not specifically organized stakeholder engagement events in China, although there is a plan to create a “Monitoring Matrix” by bringing local staff and Chinese NGOs together to jointly develop approaches to compliance issues. 9.2 Consults knowledgeable local sources as part of its monitoring activities Actions Taken: H&M has continuous dialogue with other brands, organizations and service providers in production markets. Verification by FLA: H&M has extensive dialogue and communications with CSOs on a global scale. For example, H&M has engaged with CSOs in Europe at events organized by various [CSOs],. The FLA has participated in several multistakeholder dialogue activities at which H&M has also participated. 9.3 Consults periodically with the legally constituted unions representing employees at the worksite regarding the monitoring process and utilize the input of such unions where appropriate Actions Taken: During 2007 H&M participated in [CSO] meeting on consequences of the new labor law. Verification by FLA: FLA staff reviewed documentation showing that H&M staff met with the [CSO] regarding implications of the newly issued Labor Contract Law. 9.4 Assures the implementation of monitoring is consistent with applicable collective bargaining agreements Actions Taken: The audit instrument requires that monitors check whether or not there is a collective bargaining agreement in place and is being implemented. Verification by FLA: FLA has verified that the audit instrument requires monitors to check on CBAs. www.fairlabor.org14 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION 10. Pays dues and meets its other procedural requirements 10.1Pays annual dues Actions Taken: H&M has paid its annual dues to the FLA. Verification by FLA: H&M is up-to-date on its annual dues. Documentation is available at the FLA offices. 10.2Pays IEM administrative and monitoring fees Actions Taken: H&M is up-to–date on all relevant fees to the FLA. Verification by FLA: H&M has paid all relevant fees to the FLA. Documentation is available at the FLA offices. 10.3Signs and honors required FLA contracts Actions Taken: H&M has signed and honored required FLA contracts. Verification by FLA: The FLA confirms that H&M has signed and honored required FLA contracts. 10.4Submits factory lists, a standardized annual report and other information in complete form and on time Actions Taken: H&M submits factory lists, annual reports and all requested information in a complete and timely manner. Verification by FLA: H&M submits the factory list without the name and address of factories and other information and instead uses a coding system to identify factories. This arrangement was agreed between the FLA and H&M at the time of affiliation. H&M’s Shanghai Office is trying to improve accuracy of the address of the suppliers and production units in the database by adding a section with the Chinese address and contact information as well as a map. It is anticipated that this effort will greatly improve the quality of its factories address in China in 2009 and beyond. . www.fairlabor.org15 H&M HENNES & MAURITZ AB: ASSESSMENT FOR ACCREDITATION Conclusion Accreditation of H&M’s compliance program in China should not be interpreted as a guarantee against issues and risks in the supply chain. Rather, accreditation indicates that the company has the systems in place to proactively identify and remediate those risks. Accreditation is not granted automatically, and is only renewed every three years following a satisfactory FLA evaluation of labor compliance systems and activities during the timeframe. FLA will continue to conduct standard due diligence activities on H&M. To check an affiliate’s accreditation status, visit www.fairlabor.org/accreditation. www.fairlabor.org16
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