Closed odscjen closed 9 months ago
Maybe:
Why was paid overtime changed to just overtime?
Why was paid overtime changed to just overtime?
Because I'd changed it from overtime to paid overtime initially and realised that it wasn't clear that this was what was intended when this code was originally suggested by CoST. It could have also been meant to reflect agreements around limiting overtime hours, e.g. in the SuRe standard Criterion S2.7 Working Hours and Leave asks for evidence that there is a:
Relevant clause in the employment policy detailing working hours and weekly rest (working hours not exceeding 48 hours a week on a regular basis, and overtime limited to 12 hours a week on a voluntary basis).
@evelyndinora was the overtime point relating to limiting hours or ensuring they are paid?
@odscjen It is ensuring they are paid, but both are important to ensure good practice in working conditions
Based on the previous comments and further research suggesting the following codelists with descriptions. These descriptions still need altered to ensure they use non-normative language.
Codelist | Code | Title | Description |
---|---|---|---|
laborObligations | minimumWage | Minimum wage | A minimum wage that an employer must pay their labor force for work performed, which cannot be reduced by collective or individual agreements or contracts. |
laborObligations | paidOvertime | Paid overtime | Agreement that hours worked in addition to regular working hours will be paid at an specified level. |
laborObligations | weeklyRestProtection | Weekly rest protection | Regular working hours and voluntary overtime are both capped to protect a minimum level of weekly rest. |
laborObligations | forcedLaborProhibition | Prohibition of forced labor | The project shall not resort to any form of forced labor and will comply with all applicable national and international laws regarding forced or compulsory labor. |
laborObligations | childLaborProhibition | Prohibition of child labor | The project shall not resort to any form of child labor and will comply with all applicable national and international laws regarding employment of minors. |
laborObligations | equalOpportunities | Equal opportunities | Employment opportunities will not be based on personal characteristics unrelated to job requirements. |
laborObligations | nondiscrimination | Non-discrimination | The project will not discriminate against any employees with respect to any aspects of employment, such as hiring, wages, access to training, job assignment, promotion, or termination of employment. |
laborObligations | grievanceMechanism | Grievance mechanism | The project will provide accessible and transparent grievance mechanisms to enable all workers to raise workplace concerns. |
laborObligations | workingAtHeight | Working at height | Adequate fall prevention and protection measures will be implemented wherever workers are expected to work at height. |
laborObligations | undergroundWork | Underground work | ~The project will provide adequate occupational health and safety equipment, information and services appropriate for underground work in compliance with the Safety and Health in Mines Convention, 1995.~ The project will provide adequate occupational health and safety equipment, information and services appropriate for underground and excavation work such as drilling, blasting, rock bolting and soft soil work. |
laborObligations | materialsEquipmentHandling | Handling of materials/equipment | The project will ensure that all workers engaged in handling of materials or equipment as part of their employment will receive at no cost to themselves adequate training and appropriate protective equipment. |
laborObligations | accidentMonitoring | Monitoring of accidents | The project commits to monitor, document and report on all occupational accidents, diseases and incidents. |
laborObligations | trafficManagement | Traffic management | The project will adopt road safety initiatives proportional to its scope and nature that are protective of project workers and other road users. |
laborObligations | accommodation | Accommodation | The project will provide accommodation services to workers that accommodate their physical, social and cultural needs and protect and promote their health, safety and well-being. |
laborObligations | protectivePersonalEquipment | Protective personal equipment | The project will provide access to, training in, and maintenance of appropriate personal protective equipment at no additional cost to its workers. |
Hi Duncan, @duncandewhurst The reference to underground work aims at also including broad excavation works such as drilling, blasting,rock bolting or soft soil work. Maybe we could leave the definition a bit wide than mining, What do you think?
Source: https://www.lawinsider.com/dictionary/underground-work
That sounds good to me, I think that we can replace the reference to the mines convention with that clarification:
The project will provide adequate occupational health and safety equipment, information and services appropriate for underground and excavation work such as drilling, blasting, rock bolting and soft soil work.
Thanks @mgraca-prado I've updated the table in https://github.com/open-contracting/infrastructure/issues/404#issuecomment-1787459859 with Duncan's suggestion based on your clarification.
@mgraca-prado @jpmckinney @EvelynDinora any objections or clarifications to the rest of the list or can we move this into the Agreed column?
LGTM. Just make sure to use non-normative words instead of shall, must, etc. in the code descriptions when making the PR. Most codes just use "will", instead.
@odscjen Agree with James, and no objections from our side.
Great, thanks both, I'll move this to Agreed now and add a note to the proposal to update the descriptions with non-normative language as part of the PR
Background
This issue relates to the following CoST IDS elements proposed in the CoST IDS/OC4IDS review:
Labour obligations
## Labour obligations **Module:** Social **Indicator:** Labour compliance ### Disclosure format > Disclose labour obligations in the construction contract. This can include, without limitation, the following: - Minimum wage - Overtime - Prohibition of forced labour - Prohibition of child labour - Equal opportunity - Non-discrimination - Freedom of association - Grievance mechanism - Working at height - Underground work - Handling of materials/equipment - Monitoring of accidents - Traffic management - Accommodation - Protective equipment - Others (explain) > Contracting process level: Publish a summary of the labor obligations: 1. For each labor obligation in the contract, add a code from the laborObligations codelist to the`.summary.social.laborObligations.obligations` array. 2. Optionally, add a further explanation of the labor obligations to `.summary.social.laborObligations.description`. Publish the bidding documents that specify labor obligations: Add a document to `.summary.documents`, set its `.id` incrementally, set its `.documentType` to ‘biddingDocuments’ and set its `.url` to the URL at which the documents are available. Publish the signed contract that includes labor obligations: Add a document to `.summary.documents`, set its `.id` incrementally, set its `.documentType` to ‘contractSigned’ and set its `.url` to the URL at which the signed contract that includes labor obligations is accessible.Proposal
Create an
laborObligations
object within the newsocial
object (see overarching issue). This shall include anobligations
array of codes taken from the open ‘laborObligations’ codelist, and adescription
field.Research is still required to fully define the codelist
Add the following fields and objects:
Add the following codes:
Example
Sources
cc @evelyndinora