Royal BAM
Framework agreement signed between Royal BAM Group nv and Building and Woodworkers International (BWI) to promote and protect worker's rights, 2006
Acknowledging the fundamental principles of human rights as defined in the Universal Declaration of Human Rights;
Acknowledging the ILO Declaration on Fundamental Principles and Rights at Work;
Acknowledging the ILO Conventions in force;
Acknowledging the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy;
Acknowledging the OECD Guidelines for Multinational Enterprises;
Recognising that sustainable development in its three dimensions - economic, and social and environmental - is in the interest of the company and the workers of the wood and construction industry;
Recognising the need for open and democratic industrial relation and to develop fair (collective) bargaining procedures with representative national trade unions;
Recognising that corruption, bribery and unfair anti-competitive actions distort markets and hamper economic, social and democratic development;
Royal BAM Group nv commits itself to work to achieve social justice and sustainable development in its activities and in the undertakings entered into with its trading partners, subcontractors and suppliers;
In this spirit Royal BAM Group nv and the BWI shall work together to verify the effective application of the following social criteria in the activities and undertaking entered into by Royal BAM Group nv.
Employment is freely chosen
It is prohibited to make direct or indirect use of forced labour, including bonded labour and involuntary prison labour (ILO Conventions 29 and 105).
There is no discrimination in employment
All workers, whatever their workplace, shall leave equality of opportunity and treatment regardless of their ethnic origin, colour, gender, religion, political opinion, nationality, social origin or other distinguishing characteristics. In equal circumstances, workers shall receive equal pay of work of equal value (ILO Conventions 100 and 111). Migrant and posted employees must be ensured at least reasonably, comparable rights and conditions as the national workforce working in the company.
Child labour is not used
It is prohibited to use child labour in any form whatsoever. Only workers above the age of 15 years, or over the compulsory school-leaving age if higher, shall be employed (ILO Convention 138). In view of their age, children under the age of 18 shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children (ILO Convention 182).
Freedom of association and the rights to collective bargaining are respected
All workers shall have the rights to form and join trade unions and to bargain collectively (ILO Conventions 87 and 98).
Royal BAM Group nv shall adopt a positive view of trade unions' activities and an open attitude to their organising activities.
Royal BAM Group nv therefore undertakes not to oppose efforts to unionise its employees and guarantees that workers' representatives shall not be discriminated against and shall have access to workplaces to the extent that this is necessary to enable them to carry out their representation functions (ILO Convention 135 and Recommendation 143).
Living wages are paid
Workers shall be paid wages and benefits for a standard working week that are at least as favourable as those established by current national legislation or agreements, for work of the same nature in the trade or industry concerned in the area where the work is carried out. No worker shall be paid less than the legal minimum wage.
Deductions from wages, unless permitted under national law, shall not be made in any circumstances without the express permission of the worker concerned. All workers must be provided with clear verbal and written information about wage conditions in their language of origin. Every employee may receive trade union assistance in the event of a labour dispute.
Working hours are not excessive
Working hours shall comply with appropriate national legislation, national agreements and industry standards. Overtime shall be done voluntarily and shall not be demanded on a regular basis. Children aged below 18 years shall be exempt from doing overtime. All workers shall be given a minimum of one day rest period weekly.
Working conditions are decent
A safe and healthy working environment shall be provided (ILO Convention 155 and 167). Best occupational health and safety practice shall be followed and shall be in compliance with the ILO Guidelines for Occupational Health and Safety Management System. All workers shall be given training on occupational hazards and shall have means of preventing them.
Skills training
All workers shall have the opportunity to participate in appropriate education and training programmes including training to improve workers' level of skills so that they can use new technology and equipment. Whenever possible and desirable Royal BAM Group nv shall work to develop workers' training with a view to improving their level of skills and ensuring that they gain promotion.
Health and living conditions
Royal BAM Group nv undertakes to raise awareness of the HIV/AIDS problem and of the prevention programme in compliance with the ILO HIV/AIDS code of practice. When employees are offered living accommodation, this shall be planned, built and maintained so as to provide reasonable housing conditions for themselves and their families.
The employment relationship is established
Employers' obligations to employees under labour and social security laws and regulations arising from the regular employment relationship must be respected.
Transparency and information
The workers shall be given reliable and relevant information on the activities, structures and results of Royal BAM Group nv.
The annual review of the present agreement may be incorporated in the annual report with the consent of both parties.
Implementation and follow-up of the agreement
Royal BAM Group nv considers the respect for workers' rights to be crucial element in sustainable development and will therefore refrain from using the services of those trading partners, subcontractors and suppliers which do not respect the criteria listed above.
Royal BAM Group nv will provide information concerning this agreement in both written and verbal form.
In order to achieve the objectives and fulfil the commitments specified in this document, a reference group consisting of representatives of the management and the BWI shall initiate a follow-up dialogue and shall meet at least once a year, or whenever necessary, to examine implementation of this agreement.
If a serious breach of the agreement should be brought to the attention of either party. Royal BAM Group nv will undertake an examination of the reported breach and shall report the BWI thereof.
Both parties agree that any difference arising from the interpretation or implementation of this agreement will be examined jointly, for the purpose of making recommendations to the parties concerned.
The present accord may be revised at the request of one of the parties, which revision needs the consent of the other party, no later than two years after it has been signed. Every two years after it has been signed, this accord may be terminated by one of the parties forthwith, with a one month notice period.
Signatures
date and place
Royal BAM Group nv BWI