4.12.  Employment Relationship

The regulations of the SCoC apply to all persons that are involved in the production of Tchibo articles regardless whether they are employed directly by our business partner or through a different company and irrespective of whether they work at the factory or at home.

Obligations cannot be avoided through the use of subcontracting as the vendor who has signed the contract with Tchibo bearsthe responsibility for its subcontractors and their suppliers to comply with this Code and/ or national/international law. When signing the contract with Tchibo, the vendor commits himself to produce the goods at the manufacturer which has been nominated. The use of subcontractors is not permitted by Tchibo.

If use of subcontractors is necessary in exceptional cases, then this production site must be reported to Tchibo and usage must be approved by Tchibo in writing. In cases where the manufacturing has to be shifted to a different production site, this has to first be notified to and then approved by Tchibo. In such cases the new manufacturer will also undergo an audit

and has the same obligations to fulfil the Tchibo Social and Environmental Code of Conduct.

Employers shall strive to offer the workers regular employment. Obligations to employees under this Code and/ or national/international law may not be circumvented by the use of false contracting arrangements like

-  Offering consecutive short- term contracts instead of a permanent position which might entitle the employee to additional rights and benefits

-  Creating false apprenticeship schemes, i.e. declare regular working positions as training positions with the goal of evading the labour laws for regular employees

-  Employing workers in homework arrangements to bypass monitoring or to prevent workers from organising

In industries where homework is traditionally conducted, additional measures are necessary to ensure that homeworkers enjoy all rights they are entitled to through this Code, national laws and international human rights conventions. Homeworkers are not to be disadvantaged in comparison to workers at the factory and are to be actively informed of their right to

organise and bargain collectively.

4.12  雇傭關系

     SCoC中的規范適用于生產智寶企業產品的所有人員，無論這些人員是由業務伙伴直接雇傭或是由不同的公司雇傭，也無論他們是在工廠上班還是在家作業。

     已經與Tchibo簽署合同的供應商不能因為使用分包的方式來規避其分包商和分包商的供應商來規避其在本規范和/或國內/國際法律項下的義務。與Tchibo簽約合同時，供應商必須承諾只和指定的制造商合作生產產品。Tchibo禁止供應商使用分包商。

     如果在特殊情況下必須使用分包商，那么必須向Tchibo上報其生產廠址，且必須得到Tchibo允許的書面文件才可以。如果該生產必須轉移到另外的廠址，必須首先向Tchibo上報且得到Tchibo的允許。以上情況的新制造商也會受到審核，并且要承擔同樣的符合Tchibo社會與環境行為守則的義務。

雇主應努力為工人提供合乎規范的雇傭條件。不能通過提供下列提到的虛假合約安排來來規避本規范和/國內/國際法律的義務：

--- 提供連續的短期合同而不是固定職位的合同，這樣做剝奪了員工可能獲取的附加福利和權益

--- 制造虛假的見習方案，例如把常規職位換成培訓職位，目的是為了回避勞動法中對固定員工的要求

--- 雇傭家庭作業員工的安排以逃避監測或防止員工形成組織