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We believe as a matter of principal, that federal, state, and local laws designed to protect workers in the garment industry are necessary and important, and that all employers in our industry should strictly comply with these laws. While the employment practices of our Suppliers are not within the control of Maternity OPCO brands, we hereby go on record as affirming our intention to do business only with Suppliers, which share our views as to the importance of obeying these laws and policies.
If it comes to the attention of Maternity OPCO that any Supplier with whom we do business has been found in violation of these laws, policies and principles, we will reconsider use of any such garment manufacturer. We do not intend to do business with Suppliers, who willfully violate laws and policies, designed to protect workers in the industry.
We expect Suppliers to be transparent in their operations, policies, procedures, and recordkeeping and to embrace a fundamental effort towards operational efficiencies and continuous improvement. If local or industry practices exceed local legal requirements, the higher standard applies. Suppliers producing goods for our brands are expected to be honest and transparent with all records and to have evidence of compliance. We will not tolerate any supplier that submits falsified records.
Suppliers must operate in full compliance with all applicable rules and regulations including those regarding labor, worker health and safety and the environment. In addition, compliance with applicable United States and foreign laws and regulations on the importation of its products into those countries, including customs regulations; Country of Origin labeling; product and fabric testing; and product labeling is required.
All Suppliers producing goods for us must implement minimum security criteria based on recommendations developed as a result of the C-TPAT initiative with U.S. importers.
All factories producing goods for us must protect the reputation of Maternity OPCO and its brands and reduce the possibility of illegal activities such as counterfeiting, diversion, trademark infringement and other infringement of intellectual property rights. Suppliers must not sell or otherwise dispose of goods that bear or incorporate our brand trademarks, copyrights, patents, or other intellectual property except as specifically directed in writing by Maternity OPCO.
▪ We do not permit subcontracting without written permission obtained prior to production. Approved subcontractors must execute all supplier documents and are subject to all regulations governing Supplier.
▪ The Supplier acknowledges that Maternity OPCO does not condone or permit illegal transshipments to evade the textile quota restraint agreements negotiated between the country of export and the United States. All purchase orders have specified Country of Origin and FCA port and no deviations are permitted
▪ Maternity OPCO suppliers are expected to conduct their business in an ethical manner. Bribery in any form is prohibited. Suppliers are not permitted to give gifts or any compensation to any employee of Maternity OPCO.
▪ The Supplier certifies that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.
The Use of workers under the age of 15 is prohibited unless part of a government sponsored apprenticeship program. The Supplier must observe all legal requirements for the work of authorized minors, particularly those relating to hours of work, wages, minimum education and working conditions. Child labor is defined as use of workers under 15 (or 14 where the law of the country permits) or younger than the age of completing compulsory education in the country where such age is higher than 15.
We will not place any work in any facility that uses prison, indentured or forced labor.” Forced Labor” is defined as any work or service that is extracted from any person under the threat of penalty for its non-performance and for which the worker does not offer voluntarily or subjects the work to coercion or compulsion. The Supplier may not force workers to surrender identification documents.
Factories that employ or recruit foreign workers must ensure those workers are treated fairly and on equal basis with the local workers.
Minimum Wage: The Supplier shall comply fully with all the requirements of the local minimum wage laws. These include the following:
• In any given workweek, the total gross pay must not be less than the total number of hours worked by the employee multiplied by the legal minimum wage.
• Minimum wage applies to all employees, include those who are paid, in whole or part, on the basis of piecework earnings. If the total earnings do not equal or exceed the number of hours worked multiplied by minimum wage, the difference must be paid to the employee in addition to the piecework earnings.
• The minimum wage laws apply to each workweek separately. Earnings from any given workweek cannot be used to meet the minimum wage requirements for any other workweek; nor can earnings be averaged over a period longer than a workweek for purposes of determining whether the minimum wage requirements have been met.
• The Supplier must pay workers’ wages and legally mandated benefits that comply with the higher of (a) any applicable law or (b) to match the prevailing local manufacturing or industry practices.
Overtime: The Supplier shall comply fully with all the requirements of the local overtime laws. These include the following:
• Where applicable, each employee must be compensated for each hour worked in excess of the standard straight time hours – at the appropriate overtime rate.
• The overtime pay provisions apply to pieceworkers.
Working Hours: The Supplier shall comply fully with all the local requirements of the maximum number of hours worked and in no case exceed local laws. Supplier should schedule production to allow for no more than 60 hours per week, with one day of rest in every seven days. Supplier will comply with local laws regarding holidays, leaves and vacations.
Recordkeeping: The Supplier shall keep, maintain, and preserve complete and accurate records of the wages, hours and other conditions and practices of employment with regards to all employees. Personnel records should contain all information required by local law, but in every case, name, official documentation of age, legal identification, department and location, wage rate, deductions and withholding.
The supplier must be committed to providing every worker a clean, safe, and healthful work environment free of hazards, and harmful conditions. Supplier must have designated safety officers in all work areas. The Supplier must comply with all applicable, legally mandated standards for workplace health and safety. If dormitory facilities are provided, they must comply with legally mandated standards for health and safety. If no local standards exist, facilities must be clean and safe.
Suppliers must be compliant with local environmental laws. In absence of local regulations, factories shall act in a responsible manner.
While Maternity OPCO recognizes and respects cultural differences, employment (Hiring, wages, benefits, advancement, termination, and retirement) shall be based on the worker’s ability and not on personal characteristics. We believe workers should be employed based on their ability to do the job, rather than based on gender, age, disability, sexual orientation, racial characteristics, cultural or religious beliefs or similar factors. We will not utilize suppliers who discriminate against workers based on gender, age, disability, sexual orientation, racial characteristics, cultural or religious beliefs or similar factors.
The Supplier must treat all workers with respect and dignity. Maternity OPCO will not utilize suppliers who use, or permit the use of corporal punishment, physical, sexual, psychological, or verbal harassment or other forms of mental or physical coercion, abuse, or intimidation. The Supplier shall not use or permit the use of fines as a disciplinary practice.
Workers must be free to join organizations of their own choice. The Supplier shall recognize and respect the rights of workers to freedom of association and collective bargaining. Workers shall not be subject to intimidation or harassment in the peaceful exercise of their legal right to join or to refrain from joining an Organization.
Maternity OPCO believes in the protection of women’s rights. All Suppliers will ensure that workers who are women receive equal treatment in all aspects of employment. Pregnancy tests will not be a condition of employment. Workers will not be exposed to hazards that may endanger their reproductive health and the Supplier will not force workers to use contraception.