From 2009 to 2014: How the BSCI Code of Conduct

Principles Have Changed

The BSCI Code of Conduct version 1/2014 brings important changes from
the previous version, which is explained in this document. The BSCI Code of
Conduct 2009 was a hybrid document with components more adequate for a
Certification Standard than for a Code of Conduct. The new Code goes
beyond this by reflecting the different levels of responsibility for each actor in
the supply chain. The new Code needs to be read always in combination
with the relevant Terms of Implementation, the BSCI Reference and BSCI
Glossary.
Our new Code sets out an entire value system. It remains based on your
beliefs and aspirations as BSCI Participants and your expectations towards
business partners, including your producers.
Instead of focusing primarily on monitoring at the level of production, the
new Code identifies as well as draws distinctions between the
responsibilities and commitments of Participants and their business partners,
particularly producers. Greater focus is also given to the importance of due
diligence and stakeholder engagement towards improving working
conditions.
The BSCI Code of Conduct 1/2014 acknowledges the latest societal
developments and it aligns with the most relevant international frameworks
concerning the responsibility of business enterprises to respect human and

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labour rights such as the UN Guiding Principles on Business and Human

Rights and the International Labour Organization (ILO). The Code of
Conduct principles refer to observance of the National Law and ILO Core
Conventions. There are two new principles in the new BSCI Code: No
Precarious Employment and Ethical Business Behaviour. In addition,
the previous No Child Labour principle now distinguishes between children
and young people, as explained in the table below.
However, improvements have been made with regard to: more accurate
wording (e.g. remuneration instead of compensation); better alignment
with the ILO Conventions and Recommendations (e.g. Removal of the
reference to maximum 12 hours overtime per week); less ambiguity (e.g.
Child Labour is illegal whereas use of young workers is allowed provided
they receive the appropriate protection.); removal of detailed operational
guidelines to keep the Code coherent and long lasting; labour rights that
were not mentioned in the Code 2009 but already monitored in the Audit
Questionnaire have been included (e.g. daily resting breaks).
Finally, the new Code gives a greater emphasis to the engagement of
workers and their representatives and the importance of having operational
grievance mechanisms as key factors to promote improvements in the
working conditions

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BSCI Code of Conduct 2009

(Criteria)

BSCI Code of Conduct 2014 (Principles)

Legal Compliance

Covered under the principle of Ethical Business Behaviour and in the chapter on Code Observance.

Freedom of Association and the Right to Collective

Bargaining

Content remains but the principle is now called The rights of Freedom of Association and Collective
Bargaining wording its better aligned with ILO Convention.

Prohibition of Discrimination

Content remains but the principle is now called No Discrimination.

New:
Workers shall not be harassed or disciplined on any of the grounds mentioned.

Compensation

Fair Remuneration
The content maintains the reference that legal minimum wages are to be paid and living wages are
encouraged. It stresses the fair remuneration concept where wages is only one part of.
The title of the chapter has changed because compensation refers to injuries in the workplace, rather
than remuneration.
New:
The level of wages shall reflect the skills and education of workers and shall refer to regular working
hours.

Working Hours

Decent Working Hours

New:
Clear distinction between regular working hours and overtime.

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Version 1/2014

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Clear reference to the different characteristics of overtime.

The limit of 12 hours overtime per week is not mentioned anymore. This way, the content is aligned with
ILO and the national law becomes the reference.
Clear reference to exceptions defined in ILO Conventions (e.g. nature of the production and to the
likelihood of occupational hazards.
Clear reference to daily resting breaks and one day off in every seven days.
Workplace Health and Safety

Occupational Health and Safety

New:
The title has been changed to specify that Health and Safety focuses on the workers and not on the
workplace.
Active cooperation between management and workers to develop and implement OHS systems (e.g.
OHS committees).
Improving workers protection in case of accidents including through compulsory insurance.
Adequate occupational medical assistance and related facilities.

Prohibition of Child Labour

No Child Labour
New:
Direct or indirect employment of children below the minimum age is not allowed.
Robust age-verification mechanism in the recruitment process is required.
Special care should be taken in cases of child dismissal.

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Version 1/2014

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Special Protection of Young Workers

New:
A separate principle has been created to distinguish special protection of young workers are entitled
to..
Necessary mechanisms to prevent, identify and mitigate harm to young workers.
Special attention to the access young workers shall have to effective grievance mechanisms and to OHS
training and programmes.
No Precarious Employment
New:
This is a new principle. However, the minimum criteria were already included in the scope of BSCI audits
(e.g. evasion of the law).
Prohibition of Forced Labour and Compulsory
Labour and Disciplinary Measures

Bonded Labour
The principle now makes a clear and necessary distinction between forced labour and prison labour.
New:
All disciplinary procedures must be established in writing, and are to be explained verbally to workers in
clear and understandable terms.

Environment and Safety Issues

Protection of the Environment

The title has been changed as safety issues are already included under the OHS principle.
The content remains related to management systems and compliance with national law.
New:
Business enterprises are expected to implement adequate measures to prevent or minimise adverse
effects on the community, natural resources and the overall environment.

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Version 1/2014

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Management System

The content is now included under Supply Chain Management and Cascade Effect and therefore
applies not only to producers but also to the BSCI participants and their business partners.
New:
BSCI participants acknowledge their capacity to influence social changes in their supply chains through
their purchasing activities.
Every business enterprise a) involves its respective business partner; b) takes all reasonable and
appropriate measures () needed to implement the BSCI Code of Conduct c) exchanges information to
timely identify any challenge that requires mitigation.
Terminating a business relationship () is considered a last resort. However, it may be necessary () if
the business partner fails to act () or is unwilling to undertake the measures needed to fulfill any of the
obligations () inherent in the BSCI Code of Conduct.
Ethical Business Behaviour
This is a new principle. However, many aspects were already included in the scope of BSCI audits (e.g.
anti-bribery policy; falsification of documents)
New:
Keeping accurate information regarding activities, structure and performance.
Falsification of information or any act of misrepresentation in the supply chain is not permitted.

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Version 1/2014

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