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  雇佣关系

     SCoC中的规范适用于生产智宝企业产品的所有人员，无论这些人员是由业务伙伴直接雇佣或是由不同的公司雇佣，也无论他们是在工厂上班还是在家作业。

     已经与Tchibo签署合同的供应商不能因为使用分包的方式来规避其分包商和分包商的供应商来规避其在本规范和/或国内/国际法律项下的义务。与Tchibo签约合同时，供应商必须承诺只和指定的制造商合作生产产品。Tchibo禁止供应商使用分包商。

     如果在特殊情况下必须使用分包商，那么必须向Tchibo上报其生产厂址，且必须得到Tchibo允许的书面文件才可以。如果该生产必须转移到另外的厂址，必须首先向Tchibo上报且得到Tchibo的允许。以上情况的新制造商也会受到审核，并且要承担同样的符合Tchibo社会与环境行为守则的义务。

雇主应努力为工人提供合乎规范的雇佣条件。不能通过提供下列提到的虚假合约安排来来规避本规范和/国内/国际法律的义务：

--- 提供连续的短期合同而不是固定职位的合同，这样做剥夺了员工可能获取的附加福利和权益

--- 制造虚假的见习方案，例如把常规职位换成培训职位，目的是为了回避劳动法中对固定员工的要求

--- 雇佣家庭作业员工的安排以逃避监测或防止员工形成组织