What is respectful treatment?
Respectful treatment promotes a positive environment that supports dignity and mutual respect. Promoting respectful treatment in the workplace protects employees from acts of harassment, abuse, or threats, including the implementation of disciplinary measures.
Why this matters?
"Respecting human rights obligates all employers, through conventions and legislation, to abolish any practice that may compromise or damage the mental and physical well-being of their employees. Management systems must be aligned with applicable international standards and local laws and regulations such as: - the Universal Declaration of Human Rights - the International Covenant on Civil and Political Rights - the Declaration on the Protection of all Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment"
What is equal opportunity?
Equal opportunity is rooted in the principles of equal pay for work of equal value; the prohibition of discrimination based on race, colour, sex, religion, political opinion, national extraction, social origin or any status protected by international law; and the equal treatment of workers with family responsibilities.
Why this matters?
A bias-free environment fosters a culture of diversity and inclusion, which in turn cultivates innovation and collaboration.
Various legislations are designed to render non-discriminating practices mandatory, with varying em-phasis on particular characteristics depending on the country or region. Some examples are:
- Title VII of the American Civil Rights Act of 1964
- the American Pregnancy Discrimination Act
- the European Union Equal Treatment Directive 2006
What is forced labour?
Forced labour refers to situations in which individuals are coerced into working through the use of violence or intimidation, or by subtler means such as accumulated debt, the retention of identity papers or threats of denunciation to immigration authorities.
Why this matters?
Using forced labour is considered a violation of human rights. Companies are expected to neither use nor con-tribute or link to forced labour.
In most countries, forced labour is forbidden by laws and regulations, for example:
- the UK Modern Slavery Act
- the Californian Transparency in Supply Chains Act
- Australian Modern Slavery Act 2018
- Conflict Minerals Regulation
What is child labour?
Child labour is defined by the International Labour Organisation (ILO) as “work that deprives children (people under age 15) of their childhood, their potential and their dignity, and that is harmful to physical and mental development.”
Why this matters?
Child labour is a serious human rights issue. Working children not only lose their access to education, they are also negatively impacted in terms of their physical and psychological growth, especially if they work under very harsh conditions. It is important that companies respect children’s right to education and ensure their healthy growth.
Many countries define the legal working age. The type of work and number of working hours are usually restricted for young workers under the age of 18. The ILO Declaration on Fundamental Principles and Rights at Work commits Member States to respect the abolishment of child labour.
What are working hours?
Working hours refer to the time during which the persons employed are at the disposal of the employer. It includes regular and overtime working hours and excludes rest periods and public holidays.
Why this matters?
The negative effect of excessive working hours on the health and safety of workers is twofold. Long working hours with reduced rest periods cause mental and physical stress amongst employees, which in turn results in higher accident/injury rates.
The definition of working hours is addressed by local laws and regulations and varies from country to country. A few examples are:
- the Labour Law of the People's Republic of China
- the EU’s Working Time Directive (2003/88/EC)
What is compensation?
Compensation (i.e. in the form of wages and salaries) is the remuneration in cash and in kind paid to employees, as a rule at regular intervals, for the time worked or work done, together with remuneration for the time not worked, such as annual vacation and other types of paid leaves and holidays.
Why this matters?
Companies are expected to pay their employees the minimum wage for normal working hours and a premium rate for overtime, according to local laws and regulations.
The minimum wage is defined by laws and regulations in many countries. For example:
- the India Minimum Wages Act 1948
- the New Jersey State Wage and Hour Law
What is freedom of association and collective bargaining?
Freedom of association refers to the right of an employee / employer to join or create an organisation such as a trade union of their choice. This also includes the freedom not to be forced to join a group.
Collective bargaining agreement is defined by the ILO as “all negotiations which take place between a workers’ organisation and a group of employers on:
- determining working conditions and terms of employment,
- regulating between employers and workers, and/or
- regulating relations between employers or their organisations and a workers’ organisation.”
What are security forces?
Security forces are hired or contracted personnel that serve to protect the employees, facilities, assets, and operations of a company or organisation.
Companies sometimes engage private or public security forces in high-risk environments, where companies need a greater level of security.
Why this matters?
Security forces normally possess a certain level of authority and sometimes weapons. If they start misusing their authority and weapons towards workers or people in the surrounding community, the impact could be significant. Therefore, it is very important for companies to define the roles, responsibilities, and boundaries of their security forces clearly in order to prevent the misuse of these forces.
Management systems are to be aligned with applicable international standards and local laws such as:
- the International Code of Conduct for Private Security Service Providers
- the Voluntary Principles on Security and Human Rights
- the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
What is the Environment?
Environment refers to the surroundings in which an organisation operates, including air, water, land, natural resources, flora, fauna, humans and their interrelationships.
Why this matters?
Human activities and needs have caused the depletion of natural resources and ecosystem services. This is partly due to business activities that result in negative environmental impacts in the short and long term. Therefore, compliance with legislation serves as the foundation for companies to manage and mitigate their environmental impacts in order to ensure a better environment. In addition to compliance, businesses may implement management systems to:
- Analyse, mitigate and reduce their environmental impacts
- Ensure compliance with legal requirements
- Raise environmental awareness and competence
- Make continuous improvements
Environmental regulations vary per region and country or are based on industry standards. For example:
- the EU Directive 2008/1/EC
- the US Clean Air Act (CAA)
- the MARPOL 73/78
What is the sustainable procurement?
We require that our suppliers have similar rules to the Maersk Third Party Code of Conduct for their own suppliers. Alternatively, suppliers should pass on requirements to their suppliers based on an internationally recognised standard within the areas of human rights, anti-corruption, environment and labour, such as, but not limited to, the United Nations Global Compact (UNGC). This enables our suppliers to carry out sustainable procurement, which is the “procurement that has the most positive environmental, social, and economic impacts possible across the entire life cycle and that strives to minimise adverse impacts.”
Why this matters?
A company is indirectly contributing to unethical behaviour, violation of human and labour rights and environmental impacts if it does business with a supplier that is not sustainable. A company can make a positive shift if it manages its own risks in the supply chain and promotes sustainability throughout.
In addition, governments are placing increased focus on sustainability, drafting laws and regulations that businesses should follow to avoid penalties and fines. Proactively managing the sustainability issues in the supply chain gives a competitive advantage in the market.
Example of laws that require companies to manage a certain issue in their supply chain:
- the UK Modern Slavery Act
- the California Transparency in Supply Chains Act
General Sustainable Supply Chain Management is recommended by various guidelines. For example:
- OECD Guidelines for multinational enterprises
- United Nations Guiding Principle on Business and Human Rights
