Standards Section
Approved on March 16, 2000, for presentation to President Frohnmayer.
Notice: The principles set forth in the Code shall apply to all University of Oregon trademark licensees. As a condition of being permitted to produce and/or sell Licensed Articles, trademark licensees must comply with the Code. Trademark licensees are required to adhere to the Code within six (6) months of notification of the Code and as required in applicable license agreements.
Standards: Trademark licensees agree to operate workplaces and to contract with companies whose workplaces adhere to the standards and practices described below. The University prefers that trademark licensees exceed these standards.
A. Legal Compliance: Trademark licensees must comply with all applicable legal requirements of the country(ies) of manufacture in conducting business related to or involving the production or sale of licensed articles. Where there are differences or conflicts with the Code and the laws of the country(ies) of manufacture, the higher standard shall prevail, subject to the considerations stated in Section C.
B. Employment Standards: Trademark licensees shall comply with the following standards:
1. Wages and Benefits: Trademark licensees recognize that wages are essential to meeting employees' basic needs. Trademark licensees shall pay employees, as a floor, wages and benefits that comply with all applicable laws and regulations, and that provide for essential needs and establish a dignified living wage for workers and their families. A living wage is a "take home" or "net" wage, earned during a country's legal maximum work week, but not more than 48 hours. A living wage provides for the basic needs (housing, energy, nutrition, clothing, health care, education, potable water, childcare, transportation and savings) of an average family unit of employees in the garment manufacturing employment sector of the country divided by the average number of adult wage earners in the family unit of employees in the garment manufacturing employment sector of the country.C. Labor Standards Environment: In countries where law or practice conflicts with these labor standards, Trademark licensees agree to consult with governmental, human rights, labor and business organizations and to take effective actions as evaluated by the University of Oregon to achieve full compliance with each of these standards. Trademark licensees further agree to refrain from any actions that would diminish the protections of these labor standards. In addition to all other rights under the Licensing Agreement, the University reserves the right to refuse renewal of Licensing Agreements for goods made in countries where: (a) progress toward implementation of the employment standards in the Code is no longer being made; and (b) compliance with the employment standards in the Code is deemed impossible. The University shall make such determinations based upon examination of reports from governmental, human rights, labor and business organizations and after consultation with the relevant trademark licensees.2. Working Hours: Hourly and/or quota-based wage employees shall not be required to work more than the lesser of (a) 48 hours per week or (b) the limits on regular hours allowed by the law of the country of manufacture, and be entitled to at least one day off in every seven day period, as well as holidays and vacations.
3. Overtime Compensation: All overtime hours must be worked voluntarily by employees. In addition to their compensation for regular hours of work, hourly and/or quota-based wage employees shall be compensated for overtime hours at such a premium rate as is legally required in the country of manufacture or, in those countries where such laws do not exist, at a rate at least one and one-half their regular hourly compensation rate.
4. Child Labor: Trademark licensees shall not employ any person at an age younger than 15 (or 14, where, consistent with International Labor Organization practices for developing countries, the law of the country of manufacture allows such exception). Where the age for completing compulsory education is higher than the standard for the minimum age of employment stated above, the higher age for completing compulsory education shall apply to this section. Trademark licensees agree to consult with governmental, human rights and nongovernmental organizations, and to take reasonable steps as evaluated by the University to minimize the negative impact on children released from employment as a result of implementation or enforcement of the Code.
5. Forced Labor: There shall not be any use of forced prison labor, indentured labor, bonded labor or other forced labor.
6. Health and Safety: Trademark licensees shall provide a safe and healthy working environment to prevent accidents and injury to health arising out of, linked with, or occurring in the course of work or as a result of the operation of Licensee facilities. In the case of work-related injury, factories will provide just compensation. In addition, trademark licensees must comply with the following provisions:
a The Licensee shall ensure that its direct operations and any subcontractors comply with all workplace safety and health regulations established by the national government where the production facility is located.7. Nondiscrimination: No person shall be subject to any discrimination in employment, including hiring, salary, benefits, advancement, discipline, termination or retirement, on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, or social or ethnic origin.b The Licensee shall ensure that its direct operations and any subcontractors comply with all health and safety conventions of the International Labor Organization (ILO) ratified and adopted by the country in which the production facility is located. In case of a conflict between Section I and II, the Licensee will adhere to a standard that is more health-protective for a given standard.
c Education and training will be regularly conducted to help workers deal with hazards and dangerous materials.
8. Harassment or Abuse: Every employee shall be treated with dignity and respect. No employee shall be subject to any physical, sexual, psychological or verbal harassment or abuse. Trademark licensees will not use or tolerate any form of corporal punishment.
9. Freedom of Association and Collective Bargaining: Trademark licensees shall recognize and respect the right of employees to freedom of association and collective bargaining. No employee shall be subject to harassment, intimidation or retaliation in their efforts to freely associate or bargain collectively. Trademark licensees shall not cooperate with governmental agencies and other organizations that use the power of the State to prevent workers from organizing a union of their choice. Trademark licensees shall allow union organizers free access to employees. Trademark licensees shall recognize the union of the employees' choice.
10. Women's Rights: Women workers will receive equal remuneration, including benefits, equal treatment, equal evaluation of the quality of their work, and equal opportunity to fill all positions as male workers. Pregnancy tests will not be a condition of employment, nor will they be demanded of employees. Workers who take maternity leave will not face dismissal nor threat of dismissal, loss of seniority or deduction of wages, and will be able to return to their former employment at the same rate of pay and benefits. Workers will not be forced or pressured to use contraception. Workers will not be exposed to hazards, including glues and solvents, that may endanger their safety, including their reproductive health. Trademark licensees shall provide appropriate services and accommodation to women workers in connection with pregnancy.