Please note that this Code has been superceded as of September 18, 2012. Read the newest version here.
On March 22, President Judith Rodin announced her acceptance in full
of the recommendations of the Ad-Hoc Committee on
Sweatshop Labor, which appeared in their entirety in Almanac
on March 7. The committee's recommendations
included a Code of Workplace Conduct for Penn Apparel Licensees, which also
was published in Almanac on March 7 For Comment. The new policy appears
A Code of Workplace Conduct for Penn Apparel Licensees
With a view to stimulating economic growth and development, raising
living standards, meeting staffing requirements and overcoming unemployment
and underemployment, the University of Pennsylvania has adopted this Code
of Workplace Conduct (the Code) to promote full, productive and freely-chosen
The University of Pennsylvania expects its licensees to conduct their
business in a manner consistent with this Code, and to follow workplace
standards that adhere to this Code. The Code is subject to amendment to
reflect any subsequently developed standards by the University.
This Code shall apply to all trademark apparel licensees of the University
of Pennsylvania. Throughout this code the term "licensee" shall
include all persons or entities that have entered a written licensing agreement
with the University to manufacture apparel products bearing the name, trademarks
and/or images of the University. Additionally, this Code shall apply to
all of the licensee's contractors. Throughout this Code the term "contractor"
shall include each contractor, subcontractor, vendor, or manufacturer that
is engaged in a manufacturing process that results in a finished product
for the consumer. "Manufacturing process" shall include assembly
As a condition of being permitted to produce and/or sell licensed products
bearing the name, trademarks and/or images of the University, each licensee
must comply with this Code and ensure that its contractors comply with this
Code. All licensees and contractors are required to adhere to this Code,
however, no licensee or contractor may represent that they have been certified
as being in compliance with this Code.
University licensees and their contractors must operate workplaces that
adhere to the following minimum standards and practices:
A. Legal Compliance
University licensees and their contractors must comply, at a minimum,
with all applicable legal requirements of the country in which products
are manufactured. Where this Code and the applicable laws of the country
of manufacture conflict or differ, the higher standard shall prevail. Such
compliance shall include compliance with all applicable environmental laws.
B. Ethical Principles
Licensees shall commit to conducting their business according to a set
of ethical standards that include, but are not limited to, honesty, integrity,
trustworthiness, and respect for the unique intrinsic value of each human
C. Environmental Compliance
Licensees and their subcontractors will be committed to the protection
of the local environment, including their factories and their surroundings.
They will protect residential areas around their factories, disposing of
garbage and waste in such a way so as not to endanger the safety and health
of nearby areas.
D. Employment Standards
1. Wages and Benefits
Licensees and their contractors must provide wages and benefits which
comply with all applicable laws and regulations and which match or exceed
the local prevailing wages and benefits in the relevant industry, whichever
provides greater wages and benefits. The University is strongly committed
to the employees of licensees receiving a "living wage" and charges
the Committee on Manufacturer Responsibility (see Section
VII) to develop a quantitative "living wage" formula based
on the findings of the University of Wisconsin-University of Notre Dame
"living wage" project and any other information the Committee
2. Hours of Work
- a. Except in extraordinary circumstances, or as required by
business necessity, employees shall not be required to work (regardless
of location) more than the lesser of:
- i. forty eight (48) hours per week and twelve (12) hours of
- ii. the limits on the regular and overtime hours allowed by
the law of the country
- b. Employees shall be entitled to at least one day off in every
seven (7) day period.
The employer must ensure that work not done at the place of manufacture
should be shall be performed in a manner safe for the employee and any
persons who may be in the surrounding vicinity. There are other issues
related to homework such as hours of work, wages and benefits that require
4. Overtime Compensation
In addition to their compensation for regular hours of work, employees
shall be compensated for overtime hours at such a premium rate as is legally
required in that country, but not less than at a rate equal to their regular
hourly compensation rate.
5. Child Labor
Licensees and their subcontractors shall not employ any person younger
than 15 (or 14 where the law of the country of manufacture allows) or younger
than the age for completing compulsory education in the country of manufacture
where such age is higher than 15. Young workers will not be forced to
work overtime hours that would prevent them from attending school. Licensees
agree to work with governmental, human rights and non-governmental organizations
as determined by the University and licensee to minimize the negative impact
on any child released from employment as a result of enforcement of this
6. Forced Labor
Licensees and their subcontractors shall not use any forced labor,
whether in the form of prison labor, indentured labor, bonded labor or
7. Harassment or Abuse
Licensees and their subcontractors shall treat every employee with
respect and dignity. Licensees and their subcontractors will not subject
any employee to any physical, sexual, psychological or verbal harassment
Licensees and their subcontractors will not subject any person to any
discrimination in employment, including hiring, salary, benefits, advancement,
discipline, termination or retirement, on the basis of gender, race, religion,
age, disability, sexual orientation, pregnancy, marital status, nationality,
political opinion or political affiliation, union involvement, or social
or ethnic origin.
Because the overwhelming majority of apparel workers are women, assuring
and safeguarding women's rights is of particular importance for all parties.
- Women workers will receive equal renumeration for comparable work,
including benefits, equal treatment, equal evaluation of the quality of
their work, and equal opportunity to fill all positions as male workers.
- Pregnancy tests will not be a condition of employment, nor will they
be demanded of employees. Workers will not be forced or pressured to use
- Women who take maternity leave will not, because of the maternity leave,
face dismissal or threat of dismissal, loss of seniority or reduction of
wages. Licensees must permit women returning from maternity leave to return
to their prior position at their prior wage rate and benefits. Local laws
and regulations, or the prevailing practice in the relevant industry, whichever
is greater, shall determine appropriate length of maternity leave.
- Licensees and their subcontractors shall provide, to the extent required
by applicable law and regulations, or the local prevailing practice in
the relevant industry, whichever is greater, services and accommodations
to pregnant women, including but not limited to access to legally required
health care provided by the employer, government or other provider.
9. Health and Safety
Licensees and their contractors must provide workers with a safe and
healthy work environment and must, at a minimum, comply with local and
national health and safety laws. If residential facilities are provided
to workers, they must be safe and healthy facilities. Workers will not
be exposed to conditions that may endanger their reproductive health without
their informed consent.
10. Freedom of Association
Licensees and their contractors shall recognize freedom of association
and collective bargaining with bargaining representatives of their own
choice. No employee shall be subject to harassment, intimidation or retaliation
as a result of his or her efforts to freely associate or bargain collectively.
If the University determines that any licensee or contractor has failed
to remedy a violation of this Code, the University will consult with licensee
to examine the issues and determine the appropriate measures to be taken.
The remedy will, at a minimum, include requiring the licensee to take all
steps necessary to correct such violations including, without limitation,
paying all applicable back wages found due to workers who manufactured the
licensed articles, and reinstating any worker whose employment has been
terminated in violation of this Code of Conduct. If consultation and agreed
upon measures fail to adequately resolve the violations within a specified
time period, the University and the licensee will implement a corrective
action plan on terms acceptable to the University. The University reserves
the right to terminate its relationship with any licensee who continues
to conduct its business in violation of the corrective action plan, in accordance
with the terms set forth in the licensee agreement.
Prior to the date of annual renewal of a license agreement, the licensee
shall be required to provide the following to the University, as set forth
in the license agreement.
A. The Company names, owners and/or officers,
and addresses, phone numbers, e-mail addresses and the nature of the business
association of all the licensees' contractors and manufacturing plants which
are involved in the manufacturing process of items which bear, or will bear,
the name, trademarks and/or images of the University;
B. Licensees and their contractors are responsible
for conducting thorough, effective and regular inspections of each facility
at which University apparel is produced;
C. Written assurances that it and its contractors
adhere to this Code (except that in the initial phase-in period, licensee
must provide such written assurances within six months of receipt of this
D. A summary of the steps taken, and/or difficulties
encountered, during the preceding year in implementing and enforcing this
Code at each site.
VI. Public Disclosure
A. The company names, owners, and/or officers,
addresses, and nature of the business association, including the steps performed
in the manufacturing process, of all the licensees' contractors and manufacturing
plants which are involved in the manufacturing process of items which bear,
or will bear, the name, trademarks and or images of the University shall
be made public information.
B. The Licensee shall be required to supply
by July 15 of each year a list of all factory locations referred to in paragraph
A above, and all locations Licensee anticipates will be used during the
term of the License. Any additions or deletions to this list shall be reported
to the University within two months of the effective date of such addition
VII. Monitoring and Oversight
The President will establish a Committee on Manufacturer Responsibility
("the Committee") on the implementation of the University's Code
A. Composition and Selection
1. Voting Members
- a. Three members of the University faculty selected by the President
in consultation with the Chair of the Faculty Senate, one of whom will
chair the Committee.
- b. Four members of the student body, including two representatives
of the Penn Students Against Sweatshops (PSAS) or its successor, and one
undergraduate and one graduate student, to be chosen by the UA and the
- c. Two representatives of University staff selected by the Penn
Professional Staff Assembly (PPSA) and A3 Assembly, respectively.
2. Ex officio Members (non-voting)
- a. Representative of Business Services
- b. Representative of the Office of the President
- c. Representative the Office of the Provost
- d. Member of the Office of the General Counsel
An administrative staff person and a work-study Intern will staff the
Committee. The Intern will be appointed by the Committee, and paid by the
President's Office. The administrative staff person will be appointed by
the President's Office.
The division of responsibilities will be as follows:
- Staff person: The administrative staff person will act as a
liaison between the Committee and the Office of the President to ensure
timely implementation of all decisions of the Committee. The staff person
will also send out notices for committee meetings to ensure maximum participation,
and work closely with the Intern to coordinate all committee-related administrative
- Intern: The Intern will to the best of his/her abilities research
the University's apparel licensees in order to recognize violations of
the Code. This responsibility will include the compilation of a list of
licensees and the maintenance of any relevant records necessary to enforce
the Code, including information received from monitoring organizations
about licensees for consideration by the Committee. The Intern will also
actively work on developing mechanisms with other campuses who have signed
Codes of Conduct to improve the effectiveness and efficiency of the Codes.
A simple majority of the Committee must be present for the vote take
place, with at least one student, one faculty, and one staff member present.
Only members who are present may vote, and decisions will pass by majority
C. Meeting Schedule
The Committee will meet no fewer than two times each semester.
1. Reviewing the Code of Conduct
The Committee will review the code annually to evaluate its effectiveness.
Amendments to the code must be submitted to the committee for its approval.
2. Review Effectiveness of Monitoring
The Committee will review, at least annually, the effectiveness of
the organization(s) conducting monitoring to ensure compliance with this
Code and take appropriate steps to ensure effective monitoring.
3. Reviewing the State of Compliance
Licensees will be reviewed every six months for the first two years
of their license agreement, and on an annual basis in subsequent years.
4. Reviewing Violations
The Committee will review any alleged violations of the University's
code of conduct and determine whether they constitute violations. Based
on this judgment, the committee will recommend an appropriate course of
action to the Trademark Licensing Unit. At the same time, should Trademark
Licensing Unit identify any alleged violations, the department will consult
with the Committee on an appropriate course of action.
E. Public Accountability
- The Executive Vice President will publish the University's Code of
Conduct annually, and amendments as necessary in Almanac.
- The Trademark Licensing Unit will make available to any interested
persons information regarding licensees' working conditions, monitoring
reports, and other relevant materials.
- The Committee will work with other schools and interested organizations
to improve responsible business practices in the manufacture of licensed
F. Seeking and Rewarding Responsible Business Practices
- The Committee will work with the Trademark Licensing Unit to seek out
manufacturers that have instituted proactive measures to insure the responsible
production of goods and give them preference by encouraging the University
to consider doing business with them, taking into consideration competitive
price, quality, and style.
- Through the efforts of the committee in seeking out manufacturers with
demonstrated responsible business practices, the University commits itself
to giving preference to those with responsible monitoring policies, particularly
manufacturers that agree to sign disclosure agreements with the University,
taking into account competitive price, quality, and style. Representatives
of departments responsible for purchasing University apparel will keep
in regular contact with the Committee.
VIII. Pledge of Research and Development
The University commits itself to annually reviewing the development
and research concerning an independent monitor, a coalition of sweat-free
campuses, living wage standards, and any other areas developed, and deciding
in consultation with the Committee whether these areas are feasible for
Almanac, Vol. 46, No. 26, March 28, 2000
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