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Documentation of the Open Contracting for Infrastructure Data Standards (OC4IDS) Toolkit
https://standard.open-contracting.org/infrastructure/
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Labor obligations: record labor obligations included in contracts in new social object #404

Closed odscjen closed 9 months ago

odscjen commented 10 months ago

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 new social object (see overarching issue). This shall include an obligations array of codes taken from the open ‘laborObligations’ codelist, and a description field.

Research is still required to fully define the codelist

Add the following fields and objects:

Path | Title | Description | Type (format) | Codelist -- | -- | -- | -- | -- social.laborObligations | Labor obligations | Information about labor obligations stipulated in the construction contract(s). | object | - laborObligations.obligations | Obligations | The labor obligations stipulated in the construction contract(s), using the open laborObligations codelist. | array of strings | laborObligations laborObligations.description | Description | A short description of the labor obligations | string | -

Add the following codes:

Codelist | Code | Title | Description -- | -- | -- | -- laborObligations | minimumWage | Minimum wage | TBD laborObligations | overtime | Overtime | TBD laborObligations | prohibitionForcedLabor | Prohibition of forced labor | TBD laborObligations | prohibitionChildLabor | Prohibition of child labor | TBD laborObligations | equalOpportunities | Equal opportunities | TBD laborObligations | nondiscrimination | Non-discrimination | TBD laborObligations | grievanceMechanism | Grievance mechanism | TBD laborObligations | workingAtHeight | Working at height | TBD laborObligations | undergroundWork | Underground work | TBD laborObligations | handling | Handling of materials/equipment | TBD laborObligations | accidentMonitoring | Monitoring of accidents | TBD laborObligations | trafficManagement | Traffic management | TBD laborObligations | accommodation | Accommodation | TBD laborObligations | protectivePersonalEquipment | Protective personal equipment | TBD

Example


{ 
 "contractingProcesses": [ 
   { 
    "id": "1", 
    "summary": { 
    "social": { 
        "laborObligations": { 
        "obligations": [ 
            "minimumWage", 
            "paidOvertime" 
        ], 
        "description": "The contract's labor obligations include a minimum wage of $20 per hour and an overtime limit of 10 hours per week." 
        } 
    } 
     } 
   }
 ]
}

Sources

cc @evelyndinora

jpmckinney commented 10 months ago

Maybe:

Why was paid overtime changed to just overtime?

odscjen commented 10 months ago

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?

EvelynDinora commented 10 months ago

@odscjen It is ensuring they are paid, but both are important to ensure good practice in working conditions

odscjen commented 10 months ago

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.

Sources

Discussion

mgraca-prado commented 10 months ago

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

https://www.labor.nc.gov/underground-construction#:~:text=Underground%20construction%20refers%20to%20the,electrical%20transmission%20and%20distribution%20lines.

duncandewhurst commented 10 months ago

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.

odscjen commented 9 months ago

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?

jpmckinney commented 9 months ago

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.

EvelynDinora commented 9 months ago

@odscjen Agree with James, and no objections from our side.

odscjen commented 9 months ago

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