Requirements under the ILO core conventions
The contract terms on the basic level cover labour rights under the ILO core conventions, and represent the requirements that Swedish contracting authorities are mandated to include in their procurements in certain cases (Chapter 17 Section 4 LOU, Chapter 16 Section 4 LUF and Chapter 14 Section 4 LUK).
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Criterion information The contract terms on the basic level aim to ensure that the supplier has effective risk management regarding workers' rights under the ILO core conventions in its own operation as well as in the supply chain regarding subcontractors who are directly involved in the performance of the contract. Criterion text 1. The supplier's obligation Throughout the entire contract period, the supplier shall apply the contract terms under item 1-4. The contract shall be fulfilled in accordance with the following terms regarding workers’ rights:
The terms regarding workers’ rights are called “the Terms” hereafter. In the event of the core conventions of the ILO are in conflict with national law, the supplier shall take reasonable measures to ensure compliancy with the international regulations. The obligations concerns workers when they perform work within the frame of the contract. The supplier shall, according to item 2, ensure that the Terms are fulfilled by hired subcontractors that directly contribute to the performance of the contract, regardless of the number of intermediaries. In addition, the supplier shall ensure that these subcontractors participate in the follow-up, The obligations concerns work carried out under such conditions where Swedish labour law is not applicable. 2. Policies and routines To fulfil the obligations under item 1, the supplier shall take measures to prevent and manage any deviations from the Terms according to item 2.1-2.6 below. The measures shall be documented and applied throughout the entire contract period in their own operation and the operation of any subcontractors who directly contribute to the performance of the contract, regardless of the number of intermediaries. At the start of the contract the supplier shall have: 2.1 adopted a commonly accessible policy, adopted by the highest management including a commitment to respect the Terms, 2.2. adopted routines to convey their commitment to respect the Terms in their own operation and in the supply chain, 2.3 appointed a manager at the highest management level, responsible for compliance with the Terms, 2.4 adopted routines to regularly carry out risk analyses, i.e. to identify and prioritise current and potential risks of deviation from the Terms, as well as mapping the supply chain with special regard to high risk operations, 2.5 adopted routines for regular follow-up of the Terms compliance, and 2.6 adopted routines to immediate action to prevent and limit deviations from the Terms, and to make amendments to identified deviations. The measures shall be taken in accordance with the UN Guiding Principles on Business and Human Rights, or the equivalent. 3. Follow-up [The contracting authority] has the right to follow-up that the supplier fulfils its obligations. The follow-up may be carried out in different steps; self-assessment and audit. 3.1 Self-assessment 3.2 Audit 4. Management of deficiencies If the supplier does not participate in follow-up or if there are deficiencies in the documentation to be provided under item 3, a correction shall be made within the time determined by [the contracting authority]. In case of deficiencies in compliance to the Terms, the supplier shall amend this according to a schedule and action plan, developed by the supplier, and to be approved by [the contracting authority]. The schedule and action plan are to be developed within the time period decided by [the contracting authority] and must be proportionate to the nature of the deficiencies and clearly describe how these are to be remedied within the established schedule. [The contracting authority] has the right to terminate the contract with immediate effect if the supplier do not make amendments within the established period or do not remedy deficiencies within the established [The contracting authority] has the right to terminate the contract with immediate effect in the case of severe deviations from the Terms. | ||||
The contract terms on the basic level cover labour rights under the ILO core conventions, and represent the requirements that Swedish contracting authorities are mandated to include in their procurements in certain cases (Chapter 17 Section 4 LOU, Chapter 16 Section 4 LUF and Chapter 14 Section 4 LUK).
The International Labour Organisation (ILO) is a UN agency for employment and work issues. ILO is a convention-based organisation with more than 180 conventions. In 1998 ILO adopted a declaration on foundational principles and rights at work, that has become called the core conventions. There are eight core conventions, concerning four different areas:
- Abolition of child labour (in particular the worst forms of child labour) (ILO 138 and 182)
- Abolition of all forms of forced labour (ILO 29 and 105)
- Abolition of all forms of discrimination in respect of employment and occupation (ILO 100 and 111)
- Freedom of association, right to organize and the recognition of the right to collective bargaining (ILO 87 and 98).