In Africa, HMH/WFIL employs nearly 5500 people on a permanent basis across fruit production, packaging, transport and distribution operations in 12 countries. In addition, there are an estimated 1000 thousand temporary workers during harvest seasons across the globe. Most of these temporary workers are hired directly by HMH/WFIL following national labor regulations. WFIL agricultural and packaging operations in Peru and Colombia employ 181 people permanently and about 152 on a seasonal basis.
The acquisition target fruit export company in Chile employs 440 people permanently, and an additional 1,236 people are hired on a temporary basis. In Mexico, it employs 530 people permanently and no seasonal workers. WFIL will review the nature of task-based temporary employment agreements in the target company to ensure that all terms of employment are clear to workers, in compliance with national labor regulations, and temporary agreements are not unjustifiably used as a substitute for a permanent workforce (ESAP action item 3).
Of HMH/WFIL’s total permanent staff approximately 40% are female, working in all operations. On the contrary, most of temporary workers are male.
Human Resources Policies and Procedures:
HMH/WFIL complies with local labour laws of each jurisdiction in which it operates. HMH has adopted a formal Corporate HR policy and a Code of Ethics, which is extended to all operations (including WFIL). This policy covers terms of employment, such as wages and benefits, hours of work, overtime arrangements and overtime compensation, annual and sick leave, maternity, vacation or holiday, non-discrimination, sexual/moral harassment, work/life balance, hiring period, compensation, leave, promotions, salary increases and termination of contract procedures, and conflict of interest. All workers are provided with a copy of the terms of employment, in which all relevant information is described. HMH refers in its policy to the ILO core labour standards, and has adapted IFC’s Performance Standard 2 requirements since IFC became a shareholder in the company in 2012. IFC has, as an investor in the company, monitored HMH/WFIL’s operations over several years and the monitoring activities have at no point in time revealed inconsistency between the principles of the IFC Performance Standards and HMH/WFIL operations. WFIL will extend its HR policies to the operations of the target acquisition company in Latin America (ESAP action item 4).
Working Conditions and Terms of Employment:
At South African operations the terms of employment and working conditions are in accordance with the local BEE (Black Economic Empowerment) rules, PS2 compliant national labor laws, and agreements with relevant trade unions. Accordingly, each employee receives a contract clearly indicating i) the terms and conditions of employment; ii) compensation to be expected; iii) benefits included, and iv) requirements for following the Company’s EHS standards. These are written contracts and stay in force until terminated by either party . Similar systems are used worldwide, with local adjustments to comply with national labor regulations. WFIL will ensure that all permanent and temporary workers at its Latin American operations receive written contracts in line with national labor regulations (ESAP action item 5).
Workers’ Organization:
HMH/WFIL respects workers’ right to freedom of association to bargain collectively. Worldwide, unionized workers are represented by their respective trade unions in collective bargaining negotiations. At a corporate level, 81% of HMH workforce and 40% of WFIL’s is unionized. Collective bargaining agreements are extended to cover non-unionized workers as well. IFC has not seen any indication that the group restricts freedom of association. At the target acquisition company in Chile, about 25% of the permanent employees are unionized. Collective agreements are negotiated on a two-year basis.
Non-discrimination and Equal Opportunity:
HMH/WFIL, with its headquarters in South Africa follows South African regulations and has strong practices to support equal opportunity and diversity in the workforce. The company policy has clear requirements to not take decisions based on race, colour, religion, age, gender, sexual orientation, national origin, disability, union membership, or political affiliation. Disciplinary practices are implemented to avoid non-discriminatory practices.
Retrenchment:
HMH/WFIL has been a continuous growing company for decades and has not experienced significant retrenchment so far. In general, HMH/WFIL directly employs personnel needed for its daily routine operations, while peak needs, like harvest operations are handled by hiring of temporary and seasonal workers. HMH/WFIL is not envisaging any retrenchment and the company is commitment to follow the retrenchment requirements under Performance Standard 2.
Grievance Mechanism:
HMH/WFIL relies on a formal internal grievance procedure, which is part of its HR policy and includes periodical communication with workers’ committees (OHS, accommodation, industrial). There are also open channels for workers to express their grievances in person or through a grievance form, or an external phone line. This line also allows workers to raise complaints regarding the company code of ethics. The Chief Executive Officer and the Group Company Secretary are responsible to review all complaints raised and decide which corrective measures are required. Grievances resolutions are communicated back to the Audit and Risk Committee.
Protecting the Work Force:
HMH/WFIL has a policy statement against the use of both child labor and forced labor at its operations. For South Africa, as well as most of its operational countries, these principles are also enforced through local regulation and monitoring of the labor authority. A good example of HMH/WFIL’s local policy implementation is how its operation in Mozambique, where child labor remains a problem, ensures against the use of child labor at small scale litchi subsistence farmers. These small farmers had no access to the international market until the group began sourcing from them. The Mozambique operation wanted to source form smallholders, but to ensure good product quality and traceability it had to agree with farmers that the company was going to be responsible for fruit picking, sorting, weighing, and transporting of fruits at the farmers’ premises. This practice allows full transparency of the supply chain, fair payment for the product, and no risk of child labor nor forced labor in the supply chain.
Occupational Health and Safety:
Through IFC’s current investments, OHS practices and statistics have been monitoring over a period of years. OHS programs at the avocado orchard operations are in place and include comprehensive operational procedures with clear OHS guidelines, management programs and means of protection consistent with the local legal requirements, WBG’s EHS sector guidelines and GlobalGAP requirements. In general, lost time injury frequency rate (LTIFR) are at around 5.04 (year 2015 for HMH) which is significantly below the rate of 15.0 as an industry benchmark for the USA for the period 2014-2015 according to The National Institute for Occupational Safety and Health (NIOSH).
Workers Engaged by Third Parties:
Third party workers at any of the HMH/WFIL operations worldwide have to sign an agreement with the company which includes labor requirements. These requirements are to respect and follow national labour regulations, and any additional certification requirement. Accidents or incidents of third party workers will be recorded in the general recording system and included in the overall OHS statistics. Third party workers have access to the company grievance mechanism.
Supply Chain:
HMH/WFIL orchards and processing facilities are currently certified according to specific market demands to a mix of GlobalGAP, BRC Food Safety, HACCP, Nature’s Choice and Fair Trade Standards. GlobalGAP is a basic requirement at all products and operations. Although GlobalGAP does not have specific requirements addressing terms of employment or child/forced labor issues, the certification process is characterized by a high level of formalization of business activities and work relationships. As described under Performance Standard 1, with the Mozambique operations cited as an example, HMH/WFIL are incorporating strict protections against child/forced labor into HR policies and procedures, whenever they operate in markets where such a risk exists. Going forward, WFIL will fully integrate the acquisition target in Latin America under its supply chain and certification/accreditation umbrella.