Code Of Conduct

TORONTO METROPOLITIAN UNIVERSITY BOOKSTORE January, 2005

1) INTRODUCTION

Toronto Metropolitian University prides itself as being accountable for the ethical production of clothing products bearing its trademarks. The Toronto Metropolitian University Bookstore (the “University Bookstore”) is committed to ensuring that those clothing products which are licensed to bear the University trademark and sold through the University Bookstore are produced in an ethical manner consistent with international labour standards.

This University Bookstore Code of Conduct is acknowledged as being the first step in this process. The Code is also subject to amendments to reflect any subsequent developed standards.

2) NOTICE

This Code shall apply to all clothing trademark licensees of University Bookstore. Throughout this Code the term “licensee” shall include all persons or entities who have entered a written clothing licensing agreement with the University Bookstore to manufacture products or provide services bearing the name, trademark and/or images of the University. Additionally, this Code shall apply to all the licensee’s contractors.

Throughout this Code the term “contractor” shall include each contractor, subcontractor, vendor, material supplier or services to be used, sold or distributed by or on behalf of the University or by or on behalf of the trademark licenses.

As a condition of being permitted to produce and/or sell licensed clothing products bearing the name, trademarks and/or images of the University, each licensee must comply with this Code and ensure that its contractors comply with this Code. All licensees and contractors are required to adhere to this Code within six months of notification of the Code required in applicable license agreements.

3) REMEDIAL ACTION

If the University Bookstore determines that any licensee or contractor has failed to remedy a violation of this Code, the University Bookstore will consult with the licensee to examine the issues and determine the appropriate measures to be taken. The remedy will, at a minimum, include requiring the licensee to take all steps necessary to correct such violations as enumerated in section 4. If consultation and agreed upon measures fail to adequately resolve the violations within a reasonable time period, the University Bookstore and the licensee will implement a corrective action plan on terms acceptable to the University.

The University Bookstore reserves the right to terminate the trademark license and cease doing business with any trademark licensee who continues to conduct its business in violation of the University Bookstore Code of Conduct, in accordance with the terms set forth in the licensee agreement and this Code. This decision may be made by the ad hoc oversight committee responsible for implementation of the Code at time after reasonable notice to the trademark licensee.

4) STANDARDS

University licensees and their contractors must operate workplaces, and ensure that their contractors operate workplaces, that adhere to the following minimum standards and practices:

A. Legal Compliance:University licenses and their contractors must comply, at a minimum with all applicable legal requirements of the country n which products are manufactured. Where this Code and the applicable laws of the country of manufacture conflict or differ, the higher standard shall prevail. Such compliance all includes compliance with all applicable environmental and occupational health and safety laws.

B. Ethical Principles:Licensees shall commit to conduct their business according to a set of ethical standards which include, but are not limited to, honesty, integrity, trustworthiness, and respect for the unique intrinsic value of each human being.

C. Labour and Employment Standards:The University will do business only with licensees whose workers are present to work voluntarily, are not a undue risk of physical harm, and fairly compensated, and are not exploited in any way. In addition, the specific standards enumerated in the appendix are mandatory.

5) COMPLIANCE

Prior to the date of an annual renewal of a license agreement or within six months of the receipt of this Code, the licensee shall be required to provide the following to the University:

A. The company names, owners and/or officers; and addresses, phone numbers, email addresses and the nature of the business association of all the licensees Contractors and manufacturing plants which are involved in the manufacturing process of items which bear, or will bear, the name, trademark and/or images of the University;

B. Written assurances that it and its contractors will adhere to this Code; and

C. A summary of the steps taken, and/or difficulties encountered, during the preceding year in implementing and enforcing this Code at each site.

6) DISCLOSURE

A. The company names, owners, and/or officers, addresses, and nature of the business association, including the steps performed in the manufacturing process, of all the licensees’ contractors and manufacturing plants which are involved in the manufacturing process of items which bear, or will bear, the name, trademarks and or images of the university shall be made public information.

B. The Licensee shall be required to report immediately to the University Bookstore any changes in its business operations which materially affect the application of this Code, such as the selection of a new factory. This information will also be made publicly available.

7) VERIFICATION

It shall be the responsibility of each University Bookstore licensee to ensure its compliance with this Code, and to verify that its contractors are in compliance with this Code.

The University Bookstore or its representatives reserves the right to announced examination of the practice, activities and work sites of its licensees and their contractors.

APPENDIX

1)Remuneration: Licensees and their contractors must provide compensation and complies with all applicable laws and regulations and which matches or exceeds the local prevailing standards.

2)Wages and Benefits: Licensees and their contractors must provide wages and benefits in the relevant industry which constitutes a dignified living wage which is capable of providing for the essential needs of workers and their families.

A living wage shall be defined as a wage which provides for the basic needs (housing, energy, nutrition, clothing, health care, education, potable water, child care, transportation, and savings) of an average family unit of employees in the relevant sector of the country divided by the average number of adult wage earners in the family unit of employees, in the relevant employment sector of the country. 

3) Working Hours:Except in extraordinary circumstances, employees shall (i) not be required to work more than the lesser of (a) 48 hours per week and 12 hours overtime per week, or (b) the limits on regular and overtime hours allowed by the law of the country of manufacture; and (ii) be entitled to at least one day off in every 7 - day period, as well as holidays and vacations.

4)Overtime compensation: In addition to their compensation for regular hours of work, employees shall be compensated for overtime hours at such a premium rate as is legally required in that country, or as negotiated in a collective agreement, but not less than at a rate equal to their regular hourly compensation rate.

5) Child Labour: No person shall be employed at age younger than 15 (or 14 where, consistent with International Labour Organization practices for developing countries under ILO Convention and 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. Licensees agree to work with governmental, human rights, and non-governmental organizations, as determined by the University and licensee, to minimize the negative impact on any child released from employment as a result of the enforcement of this Code.

6) Forced Labour: There shall not be any use of forced labour, whether in the form of prison labour, indentured labour, bonded labour or otherwise.

7) Health and Safety: Licensees and their contractors must provide workers with a safe and healthy work environment and must, at a minimum, comply with local and national health and safety laws, as well as those ILO Conventions and Recommendations adopted by the country in which the production facility is located, including ILO Occupational Safety and Health Convention No. 155 and Recommendation 164.

8)  Nondiscrimination: Licensees and their contractors shall comply with local and national human rights legislation with respect to the prevention of discriminatory conduct. Specifically, the pregnancy of an employee shall not be used as basis for disciplinary treatment or termination of employment. Licensees and their contractors shall use their best efforts to reinstate workers who have taken maternity leave to the same or similar position at the same rate of pay and benefits. No employee or prospective employee shall be subjected to involuntary use of contraceptives or pregnancy testing.

9) 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. Licensees will not use or tolerate any form of corporal punishment.

10) Collective Bargaining and Freedom of Association: Licensees and their contractors shall recognize and respect the rights of employees to freedom of association and collective bargaining with bargaining representatives of their own choice. No employees shall be subject to harassment, intimidation or retaliation as a result of his or her efforts to freely associate or bargain collectively. Where not explicitly prohibited by national laws, University licensees and contractors shall ensure compliance with ILO Convention 87, 98, and 135.

11)  Women’s Rights:In addition, licensees and their contractors shall ensure women’s reproductive health and ensure career opportunities are protected from discriminatory actions.