Modern Slavery Act
Modern Slavery & Supply Chain Transparency
ESCADA is a globally operating fashion group in the luxury segment producing and selling high class clothing and accessories under the ESCADA and ESCADA Sport brands. ESCADA’S fashion products are characterized by top notch materials of best quality and processing, perfect fit, color, elegance and glamour. In order to maintain and promote this brand image, ESCADA works exclusively with suppliers delivering high finishing standards and quality. It is the objective of ESCADA and its Suppliers to continually develop state of the art, individual ESCADA products in line with the brands product philosophy and demanding standards.
ESCADA supports the California Transparency in Supply Chains Act of 2010 and the UK 2015 Modern Slavery Act. It goes without saying that it is essential for ESCADA and the ESCADA related suppliers that their cooperation partners comply with labor law and social principles in their day-to-day practice.
Labour Law and Social Principles
Observance of human rights, labour law and social minimum standards (hereinafter referred to as “the Minimum Standards”) is an elementary principle to which ESCADA pledges and commits itself. The Minimum Standards are based on the conventions of the International Labour Organisation (ILO) and the Universal
Declaration of Human Rights of the United Nations Organization (U.N.O.). They set the minimum and not the maximum with regards to the protection and the promotion of basic rights of employees.
As a basic condition for cooperation, ESCADA also obliges its suppliers to always observe and comply with the Minimum Standards for their employees. This obligation applies irrespective of whether the employees are permanent employees, or home workers. The sole decisive characteristic is that they are involved in some manner in the manufacture of ESCADA products (hereinafter “employees”). The Supplier also undertakes to likewise impose and secure compliance with these labour law and social principles on its sub-contractors and suppliers and to oblige them thereto.
Apart from the maintenance of the Minimum Standards, all suppliers of ESCADA are obliged to observe all national and international legal (or comparable) requirements applicable to them. This applies with regards to all ILO conventions and the Conventions of the U.N.O., including, without limitation, the U.N.O. Convention on the Rights of the Child and ILO and U.N.O. Forced Labour Conventions. In cases in which the statutory (or comparable) provisions on the Minimum Standards pursue the same objective, the provision offering greater protection to the employees shall apply.
Information and Implementation of Minimum Standards
All suppliers are obliged to display the Minimum Standards freely accessible in all major working areas and to bring them to the attention of their employees, translated into their national language. Their rights and obligations arising from the Minimum Standards and the applicable law thereto must be explained to the employees. In addition, the suppliers must ensure that the Minimum Standards are made comprehensible to employees who cannot read.
Furthermore, the suppliers must communicate and secure the Minimum Standards to their contractual partners – in particular, sub-contractors instructed by them – and ensure that they provide them to their employees and comply with them.
The suppliers are also obliged to introduce appropriate procedures and to appoint responsible persons in order to ensure compliance with and implementation of the Minimum Standards by themselves as well as by their contractual partners and their respective subcontractors throughout the supply chain. These responsible persons are also to be named as contact persons to ESCADA.
Content of the Minimum Standard
3.1 Child Labour
ESCADA does not tolerate child labour. The objective is to abolish child labour worldwide.ESCADA will not commence or continue cooperation with suppliers who permit children to be employed in their production or attempt to employ children.
The minimum age of employment may not be under the age at which the general school attendance obligation expires and in no case less than 15 years.The prohibition of child labour and protection of young employees may not be circumvented by the outward appearance of training not really aimed at the instruction of knowledge and skills.
Because it cannot be ruled out that cotton originating in Uzbekistan was produced through the use of child labour, the use of Uzbek cotton in textile products supplied to ESCADA SE or its affiliates is strictly prohibited.
3.2 Forced Labour
ESCADA does not tolerate forced labour. Every employment must be voluntary.
Suppliers may not employ any form of forced, bonded or slave labour. ESCADA also prohibits manufacture of its products with the use of prison labour.
Employees must not be required to lodge deposits or their identity papers with employers and may leave the job on reasonable notice. This does not apply to documents which are required by law as the basis for a regular employment.
Restrictions to the freedom of movement of employees are not admissible irrespective of whether during or outside working hours.
Employees may freely choose their employment and such employment must be performed on the basis of recognised forms of employment established under the applicable national law and national practice.
Suppliers who permit forced labour or seek to engage forced labour in their businesses shall be subject to the penalties set out in Clause 5 (Penalties) of this Agreement.
3.3 Employment of "Illegal Aliens"
ESCADA will not tolerate employment of foreign nationals who lack a permanent or temporary residence permit or work permit that entitles such persons to engage in employment.
3.4 Health and Safety
Every Supplier is obliged to ensure a safe and hygienic working environment. To this end, the supplier has to conduct occupational health checks and safety practices to prevent work-related accidents and injuries in the operation of production facilities. The employees must be informed thereof.
In general, all applicable national provisions on working conditions are binding on all suppliers. These provisions also apply to the social facilities and employee accommodation if these are provided by the employer.
3.5 Working Conditions
ESCADA will not tolerate any kind of physical mistreatment or the threat of such mistreatment, bullying of employees, sexual abuse or insults. Disciplinary measures must follow the applicable national law and internationally acknowledged human rights.
3.6 Discrimination
Equal treatment and equal opportunities for all employees must be guaranteed. Any kind of discrimination based on gender, age, race, national origin or nationality, religion, membership of workers organisations (including trade unions), political affiliation, sexual orientation or other personal characteristics is prohibited.
3.7 Remuneration
The Supplier is obliged to ensure a minimum remuneration for its employees in the form of money or other benefits – at the discretion of the employees – adequate to cover the maintenance expenses of employees and their families, but at least the statutory minimum wages in the country where the production facility is located.
Without the express approval of the employees, any deductions from wages other than the statutory deductions are not admissible, in particular, for punitive or disciplinary purposes. The employees shall receive information relating to their employment contracts and the calculation of their wages (including deductions and additions) regularly in detail and in suitable form, if they can read, in written form. Additional national legal provisions have to be observed.
3.8 Working Hours
Working hours must be regulated in accordance with national law. If national law has no provision on working hours, or if the national provision exceeds the ILO Conventions, the normal weekly working hours must not exceed 48 hours or, including permitted overtime, not more than 60 hours.
The employees must be granted at least one day off after six successive working days. Religious concerns of the employees are to be taken into account if possible. Additional national regulations shall remain unaffected.
3.9 Employment Contract
Every employee has the right to a written employment contract which must at least contain the following provisions: the name of the employee, place and date of birth, home address, scope of work, working hours, wages and information on additional benefits, probationary period (if applicable), date of commencement, holiday rights, provision on the ending of the employment (by the employee and the employer), signature or thumb print of the employee and of the employer. In case of illiteracy, the content of the contract must in addition be explained orally.
The employees must have the possibility to terminate the employment. The termination must take place in accordance with the terms of termination agreed in the contract and/or in accordance with national law or court judgements. If leased workers are employed, the Supplier must ensure that the contractual partner satisfies the Minimum Standards.
3.10 Minimum Vacation
Every employee has the right to a minimum paid vacation either provided by applicable national law or of at least two weeks, equivalent to 12 working days, whichever is more favourable to the employees. Additional national regulations shall remain unaffected.
3.11 Freedom of Association and Collective Bargaining
The right of employees to organize themselves (e.g. in trade unions) or to join such organisations and to conduct negotiations as a group (collective negotiations) may not be restricted in any way. If national law restricts the freedom of association and collective bargaining, the employer must tolerate the establishment of an appropriate similar organisation such as, for example, employees’ representation or other alternative possibilities of independent and free organisation or negotiation.
Rights of Verification
ESCADA is entitled to verify at any time without prior notice, the compliance of the Supplier with these Minimum Standards or to have them verified by one or more persons or organisations to be specified by ESCADA.
ESCADA can name these inspectors. The inspectors must be able to identify themselves as being authorised by ESCADA at the time they require access to the Supplier’s premises. Any refusal of access despite the presentation of authorisation shall be treated as a positively determined infringement of these Minimum Standards.
Animal Welfare
ESCADA is committed to the important principles of safeguarding animal welfare and the humane treatment of animals. As a fundamental condition of the business relationship, ESCADA requires that its Suppliers also adhere to these standards.
4. 1 Humane Treatment of Animals
The Supplier shall implement standards that conform to best practices recognized in the industry to ensure humane treatment of animals at all times. Farms must be capable of guaranteeing appropriate living conditions for their animals.
Animal fibres used at any point in ESCADA's supply chain, including angora, wool, cashmere, as well as feathers and down may not be procured through plucking and tethering of live animals.
Down procured from force-fed ducks and geese (foie gras production) may not be used.
The utilization of sheep's wool including, in particular, merino wool procured from sheep that have been subjected to the so-called "mulesing" procedure, i.e., the removal of skin from sheep's backsides to protect against myiasis, is prohibited.
4.2 Washington Convention on International Trade in Endangered Species
The Supplier shall deliver only finished goods that were not produced in violation of the Washington Convention on International Trade in Endangered Species or other national or international rules for the protection of species.
In case an import and/or export license is required pursuant to the above-referenced rules governing species protection, the Supplier shall proactively present any such license(s) upon delivery of the finished goods to ESCADA.
4.3 Legal Requirements Relating to Items Containing Down and Feathers
The Supplier shall comply with legal requirements for goods containing down and feathers. The corresponding guarantee must be delivered separately by the Supplier.
Down may not be used unless it is accompanied by a traceability certificate such as ®Downpass, EDFA Traceability Standard or RDS (Responsible Down Standard). The certificate must be presented for each delivered quality.