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Rules

Part of How to make supplier ethics work in practice

Supplier Ethics Examples: What to Say to the Supplier

Twelve invented supplier ethics examples, each with the first thing to say to the supplier or your own team, and what the answer should tell you.

Twelve supplier ethics examples, all invented, each reduced to the sentence a buyer can say when the situation lands on the desk. The sentence comes first because the instinctive move protects the buyer, and the sentence that works usually costs the buyer something.

Each case then says what the answer should tell you, so a vague reply counts as information rather than as a pass.

What to take away

  • Ask before you award, ship or exit. Each of the twelve has one question that changes what happens next.
  • The quote that is well below every other bid is information, not a win. Somebody is absorbing the difference and it is rarely the owner.
  • Four of the twelve are caused by the buyer's own ordering behavior, and none of those can be fixed by anything written into the supplier's contract.
  • When you cannot inspect, you can still ask arithmetic questions. Capacity, headcount and output either reconcile or they do not.

Calls about price and orders

Cases 1 to 4 start in your own buying. You are the one who can change the answer, so the sentence is often one you say to your own procurement team.

Case 1: the impossible quote. A bidder comes in far below everyone else. Say: "Show me the cost build-up." The gap has to be absorbed by wages, hours, safety or an undisclosed subcontractor.

Listen for pride. A supplier who has found a genuine efficiency will explain it with some pride. One who has not will be vague, and the vagueness is your answer.

Buyer-caused supplier pressure

Instinct

Impossible quote
Award saving
Late order
Hold date
Moving forecast
Treat as normal
Across-board cut
Uniform percent

Why it fails

Impossible quote
Wages absorb gap
Late order
Unrecorded overtime
Moving forecast
Agency labor peaks
Across-board cut
Not uniform in effect

What helps

Impossible quote
Show cost build-up
Late order
Move date or split
Moving forecast
Commit to a floor
Across-board cut
Differentiate by supplier

Case 2: the order that arrives late and must ship on time. Say: "We will move the date, or take a split shipment." Holding the date passes the compression to the workforce as unrecorded overtime, which is the practice your code prohibits. Order stability is often worth more to the people making your product than any clause you could add.

Case 3: the forecast that moves every month. Say: "We will commit to a floor, and pay for the option." A supplier who cannot predict volume staffs with agency labor and subcontracts the peaks. You are buying predictability for someone else's workforce with money you were spending on expediting anyway.

Case 4: the annual price reduction applied across the board. Say: "We are cutting where we can see cost to remove." A uniform percentage is not uniform in effect: a supplier at thin margin absorbs it from labor, one at healthy margin absorbs it from profit. Check the price against what your own code implies at your volumes.

Calls about law and the line you hold

Cases 5 to 8 are lawful or documented, and still unacceptable to you. Local law is the floor, not your position, so these calls are about what you will commit to in writing.

Case 5: hours that are lawful locally and longer than you would accept. Say: "Some things we leave over anywhere. For the rest, here is a trajectory with a date." Applying your home standard without funding either moves production somewhere you cannot see or removes work from people who need it. Pay for your part of the change.

Case 6: recruitment fees charged to workers. Say: "Who recruits, how are they paid, and by whom?" The fee is usually charged by an intermediary two steps from your supplier, so a contract ban binds someone who is not doing it. Require reimbursement where fees are found, the only remedy the worker experiences.

The ILO's Forced Labour Convention, 1930 (No. 29) and its 2014 Protocol treat fees charged to workers as a form of forced labor. The Employer Pays Principle states the rule behind the remedy: no worker should pay for a job.

Legal locally, not acceptable here

Instinct

Long lawful hours
Apply home standard
Worker recruitment fees
Contract prohibition
Legal but not liveable
Point at local law
Underage-looking worker
Accept documents

Why it fails

Long lawful hours
Hides or removes work
Worker recruitment fees
Binds wrong party
Legal but not liveable
Lowest standard wins
Underage-looking worker
Documents are the problem

What helps

Long lawful hours
Agree funded trajectory
Worker recruitment fees
Trace and reimburse
Legal but not liveable
Write your position
Underage-looking worker
Verify independently

Case 7: wages that are legal and not livable. Say: "Here is our written position on this wage, before anyone asks." Pointing at local law delegates your judgment to whichever jurisdiction sets the lowest standard, and it is not a position you can hold in public. A recorded reason survives; an unrecorded one becomes whatever is convenient later.

Case 8: a worker who looks younger than the records say. Say: "We are treating this as immediate, not as an audit finding." Documentation is the easiest thing to prepare for a visit. Age verification and the handling of a suspected case are legally governed and vary by country.

The floor is set by national law and by the ILO's Minimum Age Convention, 1973 (No. 138). In the United States, the Department of Labor's Bureau of International Labor Affairs publishes a list of goods and countries where child labor or forced labor is documented.

In the UK, section 54 of the Modern Slavery Act 2015 requires a commercial organisation within its scope to prepare a slavery and human trafficking statement for each financial year. Counsel is the source for what you must do where you operate.

Calls about what you cannot see

Cases 9 to 11 hide work you never agreed to. The sentence is a question asked in advance, before the next order rather than after the delivery.

Case 9: output that exceeds capacity. Say: "Where was the difference made?" The site cannot make what it shipped, so part of it was made elsewhere. Run the arithmetic first: declared headcount, shift pattern and equipment against received volume. When it does not reconcile, ask before the next order rather than after.

Seeing what audits miss

  • Reconcile headcount, shifts, equipment against volume
  • Compare announced and short-notice audit findings
  • Ask what happens at peak, in advance
  • Require notification of subcontracting before use

Case 10: a supplier who passes every announced audit. Say: "Let us compare announced findings with short-notice ones at the same sites." Announced audits measure preparation, and a pass is a snapshot presented as a state. SMETA (the Sedex Members Ethical Trade Audit), amfori BSCI, SA8000 and the Higg Facility Social & Labor Module share the limit: the visit a site can see coming is the one it can prepare for.

The difference between the two sets of findings measures your own program rather than the supplier. A short-notice visit is the only way to test whether the code survives real pressure rather than launch day.

Case 11: the capacity that only appears at peak. Say: "What happens at peak? Tell us before you use subcontractors." Seasonal overflow is where undisclosed subcontracting and agency labor concentrate. The instinct is not to ask, because the season is delivering. Require notification of subcontracting before use rather than on request.

The call after a finding

Case 12 is the one where the sentence changes the workforce's situation, so it comes with a sequence.

Case 12: a serious finding at a supplier heavily dependent on you. Say: "Immediate danger first. Then we compare leaving with staying on conditions." The instinct is to terminate quickly and visibly. Exit transfers the cost to the workforce, removes the supplier's incentive to fix anything, and moves the practice to a buyer who is not asking.

Staying means specific conditions, verification and a consequence. Be honest that exit is sometimes self-protection described as principle. If you do exit, give notice, pay what is owed, and expect that an abrupt withdrawal is itself a harm.

Exit or stay with conditions

Is there immediate danger to workers?

Yes

Fix danger first, on its own clock

No

Compare exit against staying with conditions

Where a worker has raised the concern, what protection they have is set by law rather than by your policy. The UK's whistleblowing framework, the Public Interest Disclosure Act 1998, shows the shape one such scheme takes.

What the answer should tell you

You hearIt usually meansNext move
A clear, proud explanation of the priceA genuine efficiencyRecord it and move on
Vagueness about the build-upThe gap is being absorbed by someoneAsk again, in writing
A pass on every announced auditPreparation, not conditionsCompare with a short-notice visit
Output that cannot be reconciledWork done where you have not lookedAsk before the next order
"Local law allows it"Your judgment delegatedWrite your own line

The four causes behind the twelve

CauseCasesWhere the fix lives
Your own pricing and ordering1, 2, 3, 4Procurement, not the supplier's contract
A standard you have not decided5, 6, 7, 8A written line, agreed before it is tested
Visibility you never built9, 10, 11Arithmetic, access rights, disclosure clauses
A response chosen under pressure12A decision rule written before you look

Three of the four rows point back at the buyer, and that is the honest summary. It explains why a supplier code alone changes so little, as set out in supplier ethics.

Four causes behind the twelve

Cause

Your own pricing and ordering
1, 2, 3, 4
A standard you have not decided
5, 6, 7, 8
Visibility you never built
9, 10, 11
A response chosen under pressure
12

Cases

Your own pricing and ordering
Procurement
A standard you have not decided
A written line
Visibility you never built
Arithmetic and access
A response chosen under pressure
A decision rule

Where the fix lives

Your own pricing and ordering
A standard you have not decided
Visibility you never built
A response chosen under pressure

Common questions

We are a small buyer with almost no influence. Does any of this apply?

The arithmetic checks and the decision rule do, and they cost nothing. What you cannot do is impose requirements at a level of influence you do not have, which is why starting with your own ordering behavior is the realistic move.

Is it wrong to keep buying from a supplier with known problems?

Not automatically. It is wrong to keep buying while doing nothing, and it is wrong to exit and call it principle without having compared the options. Write down which you chose and why.

How do we treat small suppliers fairly on payment?

Measure the gap between agreed terms and actual payment, which most organizations do not own as a number. The same duty of care you extend to a distant factory applies to a small supplier whose cash you are holding, and the parallel with what is owed to customers is drawn in customer ethics.

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