Company
H&M
Date of signature
03 November 2015
Signatories
CEO, IndustriALL Global, IF Metall
Key objectives
"The parties agree to work together actively to implement well-functioning industrial relations at H&M's at H&M's direct suppliers own operations and their subcontractors producing merchandise/ready made goods sold throughout H&M's group retail operations. The parties agree that well-functioning industrial relations are best achieved by ensuring the application of Labour Standards including Universal Declaration of Human Rights, International Labour Organisation's (ILO) Conventions and Decent Work Agenda, the UN Convention on the Rights of the Child, OECD Guidelines for Multinational Enterprises, ILO Tripartite Declaration of Principles Concerning Multinational enterprises, the UN Global Compact Principles and UN Guiding Principles on Business and Human Rights. "
Duration
1 year, automatically extended for further periods of one year
Applicable law
"This Agreement shall be registered with the International Labour Organization."
Implementation and dissemination
"The Parties shall agree upon which of H&M’s production countries the National Monitoring Committees (NMCs) shall be established in.
The Parties will work out a strategic plan for awareness-raising and education of NMCs to ensure the implementation of the Agreement.
The Parties will jointly promote signing of collective agreements both at factory, company and industriall level between relevant social partners in countries where H&M has direct suppliers and subcontractors producing merchandise/ready made goods sold throughout the group’s retail operations." (...)
At national level, the NMCs shall:
i. create, monitor and evaluate national strategies for implementation of this Agreement in countries where H&M direct suppliers and their subcontractors producing merchandise/ready made goods sold throughout H&M group's retail operations are located;
ii. collaborate with trade unions/worker representatives and H&M direct suppliers and their subcontractors producing merchandise /ready made goods sold throughout H&M group's retail operations to provide general guidance and advice on achieving well functioning industrial relations, with particular reference to dispute prevention and resolution, and collective bargaining agreements;
iii. if necessary, assist with the resolution of industrial relations issues and disputes(...);
iv. discuss/explore/implement other activities as agreed to by the Parties in writing."
Review and monitoring
"The Parties shall establish a Joint lndustrial Relations Development Committee (JIRDC) comprising equal numbers of representatives appointed by each Party. (...)
The JIRDC shall meet as and when agreed, but in any case, at least once a year. ln between meetings, matters may be dealt with by correspondence or telephone.
The JIRDC shall have responsibility for:
i. planning and overseeing practical implementation of this Agreement at global level;
ii. exploring opportunities for joint cooperation initiatives aimed at achieving and maintaining well-functioning industrial relations in H&M direct suppliers and their subcontractors producing merchandise /ready made goods sold throughout H&M groups retail operations;
iii. if necessary, providing support and guidance to the National Monitoring Committees;
iv. discussing, exploring and implementing other activities as agreed by the Parties in writing;
v. giving advice on matters referred toit by NMC."
Dispute settlement and sanctions
"9. It is a key principle of this Agreement that well-functioning industrial relations are best achieved if industrial disputes and related issues (‘Industrial Relations Issues’) are resolved through workplace negotiation, and when needed with support of appropriate national trade union or dispute resolution procedures provided for in industry agreements and/or local law.
10. If, however, an Industrial Relations Issue covered by this Agreement, arises in an H&M supplier and/or their subcontractor which cannot be settled satisfactorily through one of the methods in paragraph (9), or a request is made to the NMC to support the local procedures, the NMC may intervene to facilitate a resolution.
11. On learning of an Industrial Relations Issue, the NMC shall notify the JIRDC of the details and any related actions of the NMC.
12. If the NMC considers it necessary, the NMC can request support and guidance from the JIRDC.
13. If the NMC disagree on the best way to facilitate a resolution of an Industrial Relations Issue, either Party may submit it to the JIRDC for final decision.
14. In case of a failure to agree at the level of the JIRDC, the Parties may by mutual agreement appoint an independent mediator, acceptable to both Parties, to help the Parties agree on the best way to facilitate a resolution of an Industrial Relations issue."
Related texts
Agreement between H & M hennes & Mauritz AB (H &M) and Union Network International (UNI) on Cooperation in order to secure and promote fundamental worker`s rights at H&M's workplaces worldwide (2004)
Main topic
fundamental labour rights in the subcontracting chain
Secondary topic(s)
freedom of association and right to collective bargaining, industrial relations, child labour, fair wages, equal remuneration, discrimination, disability, forced and illegal labour, employment policy, maternity protection, health and safety at work