Employment and working conditions in the Ecuadorian flower industry

Employment and working conditions
in the Ecuadorian flower industry

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SAP 2.79/WP.138

4.1. What type of insurance is available? Mandatory/voluntary/ principal

4.2. Do workers get from the company a legally established subsidy for insurance payment?

4.3. Are there documents substantiating the preceding point, such as a payroll list or list of wages?

Exhibit 1. Checklist for Green Seal

FLP Checklist
Labour guarantees. Labour and social legislation
Labour and social aspect of companies

Check date:

I.Technical guarantees at work

1.Guarantees for field workers

	Yes	No	Category
1.1. Do treated areas or field areas have visible signs indicating waiting periods for re-entry?¹			A
1.2. Do they meet the 24-hour period when highly toxic chemicals are applied?¹			A
1.3. Do they meet the 12-hour period when toxic chemicals are applied?¹			A
1.4. Do they meet the 6-hour period when slightly toxic chemicals are applied (Xn, Wj)?			A
1.5. Under exceptional circumstances, do they reduce the waiting period for re-entry to treated areas?²			A
1.6. When any of these products is applied, does anyone remain in the area?			A
1.7. Do all field workers have at their disposition sufficient gloves, at no cost?			A
1.8. Do workers use gloves during the entire cultivation, harvest and packaging stages?³			A
Comments:
¹A large skull sign indicating the date and time of re-entry. It must be visibly posted at the entrance to the area. ²Circumstances must be documented in the comments section. ³ If this is not exactly the case, an estimation must be included in the comments section.

2.Instruction and revision of labour guarantees

	Yes	No	Category
2.1. Do workers who apply chemicals to protect plants, attend training courses on this subject at least every two years?			A
2.2. Do instructors and participants sign the protocols every two years prepared during courses?			A
2.3. Are the contents and methods used in the courses, prescribed in writing and do they correspond to the needs of the field?			A
2.4. Is there a list signed by workers who participated in industrial technical safety courses to be carried out at least every two years?			A
2.5. Are the contents and methods used in the industrial technical safety courses prescribed in writing?			A
2.6. Can workers go to a person who will listen when waiting periods for re-entry to the fields are not respected?			A
2.7. Is there a list showing insufficiencies in safety provisions?			B
2.8. Has the person in charge of the field signed the list of insufficiencies, acknowledging its contents and does he specify whether or not and how they can be overcome?			B
2.9. Are technical and industrial safety regulations and the terms of waiting periods for re-entry to the fields, posted in a conspicuous place?			A
2.10. Are medical examinations to which workers are to submit at least every two years, documented through medical certificates?			A
2.11. Are diagnosed illnesses anonymously included in a list maintained with information such as frequency of the illness?¹			D
Comments:
¹ Desirable but not mandatory.

II.Social assistance

1.Wages

	Yes	No	Category
1.1. Is there a legal minimum wage?
1.1.1. How much?
1.2. Do workers get the minimum wage?			A
1.2.1. From the first day of work?
1.2.2. After a trial period?
1.3. Are there documents to substantiate the preceding items? (list of wages)			A
1.4. Are temporary workers always hired? Proportionally how many? %
1.5. Do temporary workers receive the minimum wage?			A
1.5.1. If not, how much do they earn? Amount:
1.6. Are there documents recording temporary work? Have they been submitted?			A
1.7. Are wages paid regularly and punctually?			A
1.7.1. How frequently? Monthly/weekly/semi-monthly/other
1.8. Are rates clear and easy to understand?			A
1.9. Is the payroll presented clearly?			C

2.Employment contracts

	Yes	No	Category
2.1. Do all workers have an employment contract?			A
2.1.2. If not, how many have a contract?
2.2. Is it usual for contracts to be made only after the trial period?
2.3. How long is the trial period?
2.4. Can employment contracts be reviewed?
2.4.1. If yes, how many contracts were reviewed?			A
2.5. After having been with the company for a long time, do workers get: -- higher wages? -- prizes? -- some type of bonus?			D
2.6. Are rights and obligations contained in employment contracts explained to the workers?			A
2.6.1. If yes, how is it explained: Courses, informative talks, worker meetings?

3.Lay-offs

	Yes	No	Category
3.1. Is there a law that stipulates when lay-offs can be done and what terms must be respected?
3.1.1. Is years, is there compliance with the regulations?
3.2. Are there documents substantiating compliance with such law?			B
3.3. Are there contractual terms and rules for terminating contracts?			A
3.3.1. If yes, which ones?
3.4. Are these rules stipulated in employment contracts?			B
3.5. Can some contracts be examined?
3.6. Can slight incidents be cause of termination?
3.6.1. If yes, which one for example?

4. Insurance

5.Maternity

	Yes	No	Category
5.1. Are there special laws for the protection of pregnant women?
5.1.1. If yes, which ones?
5.2. Is maternity leave granted before and after birth?			A
5.3. Are pregnant women given lighter jobs?			D
5.3.1. For example:
5.4. Do women have legal rights for employment after child birth?
5.5. If yes, are these rights respected?			A
5.6. Are there special regulations in the company with respect to the return to work of women after childbirth?			D
5.6.1. If yes, which ones?

6.Working hours

	Yes	No	Category
6.1. Is some type of record kept of regular working hours?			A
6.1.1. If yes, how?
6.2. On average, how many hours are worked in a week?
6.3. Overtime often worked?
6.3.1. If yes,
-- How many hours per day? -- Workdays? -- Weekend?
6.3.2. Reason?
6.4. Are there documents where the proportion of overtime work can be observed?			A
6.5. On average, how may extra hours does each person work?
6.6. Is overtime voluntary?
6.7. Is overtime controlled and registered?
6.7.1. If yes, how?
6.8. Do workers sign an overtime register?			C
6.9. Do workers clearly understand how overtime pay is computed?			A
6.10. Is there a person to whom workers can go with respect to any doubts on how overtime pay or wages are calculated?			A
6.10.1. If yes, who is the person? -- a representative of the workers? -- a manager?
6.11. Is there any type of incentive for workers who labour fast and conscientiously, especially when there are jobs to be done on short notice?			D

7.Management/workers relations

	Yes	No	Category
7.1. Do workers have a right to ask questions with respect to: -- written provisions of employment contracts? -- lay-offs? -- social issues?			B
7.2. Are staff meetings held during working hours twice per year?			B
7.3. Are workers represented before the company by representatives or persons of their own choice; or by themselves?			B
7.4. Are unions allowed in the country?
7.4.1. If yes, does the company accept unions to be active in the company?			C
7.5. Are workers unionized?
7.5.1. How many?

III.Social services

	Yes	No	Category
1.1. Are there sufficient sanitary services?			A
1.2. Are there adequate places for resting and social recreation?			B
1.3. Is there an interest in the workers to bring their children to be cared for at work?
1.3.1. If yes, is there an offer on the part of the company to provide care for workers' children?			E
1.4. Is there a cafeteria at work where workers can eat?			C
1.4.1. How is the quality and what is the cost of the meals?
1.5. Is there an infirmary?
1.6. Is there a physician on the plantation who can provide medical assistance and who can be available at least once per week?			A
1.6.1. If yes, what is the weekly average number of patients treated?
1.7. Are blood tests regularly conducted?			A
1.7.1. How often?
1.8. Are there documents related to blood tests conducted? Have they been submitted?			A
1.9. Does the physician report the results of the tests directly to the workers?			B
1.10. Are there any documents supporting, for example through a signature, that workers receive the results?			B
1.11. Does the infirmary have a pharmacy?			A
1.12. Are medicaments or items necessary for out-patient medical assistance distributed there on a free basis, such as bandages, pills, etc.?			C
1.13. Do workers who need very costly medicine receive some type of financial aid from the company, such as a subsidy or loan?			D
1.14. Do workers regularly receive instruction on the following: -- family planning? -- first aid? -- preventive methods on sanitary issues or assistance? -- hygiene? -- accident prevention?			C
1.15. In crisis situations, do workers receive psychological and social help or assistance through social workers?			E
1.15.1. If yes, is it desirable for this type of assistance to be provided by: -- the company? -- by the workers?

Categories:

A = Must be met: It is mandatory to obtain the FLP seal.

B = Must be met: It must be clear that the seal will be issued on the condition that by the next visit to the company, the recommendation must have been corrected.

C = Mandatory proposal: The seal may be issued, but, warning must be issued that seal may be taken away if problem is not solved. Advice and counsel may be offered.

D = Suggestion: Issuing of the seal is not subject to compliance with this specification; but in time, it would be beneficial if suggestion was implemented.

E = Suggestion: The difference between categories D and E depend on the opinion of the inspector upon his visit to the company. This makes sense, for example, when it is obvious that the company has a problem and tries to solve it, however, too much effort is required.

* = Consultation or questions to be presented to the workers.

Exhibit 2. Sample applied survey

International Labour Organization -- ILO

Project for labour and work conditions in the flower industry

1. Company name:

2. Location (Plantation):

Province: County: Place:

3. Registered office:

4. Year operations started:

5. Investment amount in US$:

6. Capital:

	Shareholders	%
	Foreign capital
	Domestic capital
	Family
	Others
	Total	100

7. Production and sales, 1997:

Type of flower	Cultivated hectares	Unit yield per hectare	Total annual unit yield	Unit sale price FOB US$ Quito




Total

What growth does your company forecast for 1998?

8. Marketing:

8.1. Does your company export directly?

Yes: No: To where:

8.2. Are its customers:

International: National: Local:

9. Inputs (indicate the most important inputs used during the year):

Type of input	Trade name of fertilizers and pesticides used	Frequency of application	Supplier
Chemical products
Organic products
Biological products

10. Employment

10.1. Number of employees and workers in payroll:

Area	Number of employees	1997
Area	Number of employees	M	W
Management
Plantation and cultivation
Harvest
After-harvest
Irrigation
Transport
Maintenance
Marketing

10.2. How many supervisors are there in your plantation?

10.2.1. How many women?

10.3. Average age and seniority:

Occupational group	Average age to 1997		Average length of service (years)	Maximum length of service (years)
Occupational group	M	W
Workers
Employees

10.4. Personnel rotation (new hires and terminations) this year:

		Number
	Current employees and workers
	Terminations
	New hires

10.5. Reasons for termination:

10.6. How many persons left due to company decision:

10.7. Please show temporary help hired for the various areas this year:

Activity	Number of persons hired	Average number of months of contract

10.8. Are there unionized workers? Yes: No:

10.8.1. If yes, how many?

10.8.2. Does the company have a collective bargaining agreement with them?

10.8.3. When was the last negotiation?

11. Wages

11.1. Wage structure

Occupational category	Average basic monthly wage (in sucres)	Incentives			Monthly mandatory benefits	Average total monthly remuneration
		Calculation unit	*	Average monthly commission (in sucres)
Workers
Supervisors
Technicians
Administrative and support staff
Executives
* Explanation of the calculation unit for incentive:

11.2. Who are affiliated to IESS?

11.2.1. All workers:

11.2.2. Some workers: How many?

11.3. Benefits received by workers:

11.3.1. What additional benefits do employees and workers get?

Benefit	Yes or No	Aimed at:
Nursery
Transport
Housing
Cafeteria
Medical
Dental
Pension
Emergency loan
Uniform
Private medical insurance
Others

11.4. Please indicate number of hours worked by the plantation's operating staff.

Process	Workdays in a week	Daily hours worked	Average overtime per week
Sowing and cultivation
Harvest
After-harvest

11.5. Workers selection and hiring:

11.5.1. How do you hire your workers?

11.5.2. Indicate the percentage of influence of each factor of your company's hiring process.

Factor	Aim	Maximum points
Age
Education
Experience
Background and references
Others
Total		100

12. Workers' safety and health

12.1. Workers' protection measures

12.1.1. What general workers' protection measures exist?

12.2. Number of accidents

12.2.1. In the past week

12.2.2. In the past month

12.2.3. In the past year

12.3. How many times has the Labour Inspector visited your company this year?

13. Training

Name of event	Duration (hours)	Number of men	Number of women

14. Difficulties encountered by the company in meeting its objectives

Name of person interviewed:

Name of interviewer: Date:

GCD/ / /

622384K7

Updated by BR. Approved by OdVR. Last update: 28 September 2000.