Forced Labor Remediation Guide
Remediation actions should always be designed to correct the problem found, provide remedies for those affected, and prevent it from recurring. In addition to addressing individual victim situations, it is important to analyze why a violation occurred. One way to ensure remediation actions have a direct impact on workers is to verify that workers have a “direct” employment relationship in the production of a good rather than a third party (or contractor) employment relationship. Remediation analysis is different than simply attributing child labor and forced labor to poverty, ineffective government institutions, and other reasons, which are discussed in Addressing Root Causes. Remediation can be addressed by workers’ organizations, audit firms, suppliers or multinational corporate leadership, depending on the location and scale of the problem, and the individuals affected.
Confinement, Fraud, and Illicit Activities
CIRCUMSTANCE:
Workers abducted, confined during the recruitment process, or sold.
REMEDIATION ACTION:
Report offenses to law enforcement authorities. Work with law enforcement and local groups to provide victims a safe place to stay and needed services.
CIRCUMSTANCE:
Deceptive, and sometimes fraudulent, recruitment—workers promised specific types of work, working conditions, contract terms, housing or living conditions, job locations, employers, or wages or earnings that do not materialize.
REMEDIATION ACTION:
If the supplier made a false promise, the supplier should provide all employees who wish to leave their full wages due and transportation home. If the false promises were made by a labor recruiter, determine whether the supplier had knowledge of the arrangement. If so, the supplier is still responsible for the above. If not, require the supplier to discontinue its relationship with the recruiter. Report unscrupulous recruiters to authorities.
CIRCUMSTANCE:
Workers forced to engage in illicit activities, to work for individuals or families outside the scope of business needs, or to take addictive drugs.
REMEDIATION ACTION:
Determine who—management, supervisors, shift leaders, etc.—is involved in forcing workers to engage in illicit activities, to work for private homes or families, or to take addictive drugs, and investigate these individuals’ actions. If individuals were acting on their own without management knowledge, take appropriate action with these individuals, which could include training, suspension, or termination. If these restrictions came from management, terminate the relationship with the supplier or provide the supplier a short window of time to end all such practices.
Further investigate conditions and circumstances at the worksite that management or supervisors may be trying to conceal—including through offsite interviews with workers and other knowledgeable community members. Ensure that all workers receive training on their rights under the law and a code of conduct, including channels for grievances. Ensure that workers who wish to leave the job are able to do so and receive their full wages due.
Loan and Wages
CIRCUMSTANCE:
Workers recruited through a loan or advance and are working to pay it off.
REMEDIATION ACTION:
If the supplier paid the loan or advance, determine whether the terms were reasonable. If not, work out reasonable terms between supplier and worker. If the loan or advance was paid by a labor recruiter, determine whether the supplier had knowledge of the arrangement. If so, work out reasonable terms between supplier, recruiter, and worker. If not, require the supplier to discontinue its relationship with the recruiter. Report unscrupulous recruiters to authorities.
CIRCUMSTANCE:
Supplier inflates workers’ indebtedness.
REMEDIATION ACTION:
Determine the source of workers’ initial debt. If the initial debt was to the supplier, require the supplier to cancel this debt. If the initial debt was to a labor recruiter, investigate whether the supplier had knowledge of the debt arrangement. If so, require the supplier to cancel the debt. If not, require the supplier to terminate its relationship with the recruiter. Report the recruiter to authorities.
With respect to the inflation of the debt, require the employer to immediately stop charging any form of interest on the debt. If debt is inflated through purchases from the employer, such as at a canteen, determine whether workers have other options. If purchases at employer-owned stores are the only viable option for workers, work with the supplier to ensure that prices and terms are reasonable.
Ensure that workers who wish to leave the job are able to do so and receive their full wages due.
CIRCUMSTANCE:
Workers feel compelled to stay because they are due wages.
REMEDIATION ACTION:
Ensure that wages are being computed accurately and that all employees involved in payroll are adequately trained in wage computation. Require the supplier to pay all wages due under local law (for example, if local law requires payment biweekly, require all wages to be paid, at a minimum, through two weeks ago). Ensure that payment schedules are formalized within legal limits and a code of conduct. Follow up with an unannounced audit. Ensure that workers who wish to leave the job are able to do so and receive their full wages due.
CIRCUMSTANCE:
Workers work for an excessive or indefinite amount of time to repay a debt or advance from the employer or recruiter.
REMEDIATION ACTION:
If the supplier paid the loan or advance, determine whether the terms were reasonable. If not, work out reasonable terms between supplier and worker. If the loan or advance was paid by a labor recruiter, determine whether the supplier had knowledge of the arrangement. If so, work out reasonable terms between supplier, recruiter, and worker. If not, require the supplier to discontinue its relationship with the recruiter. Report unscrupulous recruiters to authorities.
Working Hours
CIRCUMSTANCE:
Workers working excessive overtime beyond legal limits.
REMEDIATION ACTION:
Ensure that the supplier pays workers back wages for all overtime hours worked. Work with the supplier to evaluate staffing policies and compensation practices, such as piece rates, that are contributing to overtime. Examine own sourcing practices, including lead times, changes in orders, pricing, and other pressures that could necessitate extreme cost-cutting measures on the part of the supplier, including excessive overtime. Ensure that all workers receive training on their rights under the law and the worker-driven social compliance system and have regular and sustained access to a grievance mechanism.
CIRCUMSTANCE:
Workers expected to work "on call."
REMEDIATION ACTION:
Work with the supplier to design a more structured staffing plan that meets a code of conduct’s requirements. Ensure that all workers receive training on their labor rights under global standards, national laws, and a code of conduct.
Housing and Necessities
CIRCUMSTANCE:
Degrading living conditions.
REMEDIATION ACTION:
Ensure that the supplier fully understands the minimum standard for employee housing under international standards and national laws. Give the supplier a short window of time to remedy all living conditions. Ensure that all workers receive training on their rights under the law and a code of conduct, including housing standards. Ensure that workers who wish to leave the job are able to do so and receive their full wages due.
Follow up with an unannounced investigation that includes offsite interviews with workers and other knowledgeable community members. If the living conditions have not improved, terminate the relationship with the supplier while mitigating the impact of this on the workers.
Identity
CIRCUMSTANCE:
Supplier or recruiter has possession of workers’ identity or travel documents.
REMEDIATION ACTION:
Suppliers should never confiscate or take control of workers’ identity or travel documents unless it is purely for safekeeping purposes, and then only if workers are able to retrieve their documents promptly upon request. Require the supplier to return all workers’ identity documents. If workers prefer that the supplier hold them for safekeeping, ensure that a policy is in place for retrieval of documents and that all workers are aware of the policy. Follow up to check on the issue through an unannounced audit.
In any situation of violence, penalty, intimidation, or threat, determine who—management, supervisors, shift leaders, etc.—is involved in these violations. If individuals were acting on their own without management knowledge, take appropriate action with these individuals, which could include training, suspension, or termination.
Freedom and Rights
CIRCUMSTANCE:
Employer restricts workers’ freedom of movement or communication.
REMEDIATION ACTION:
Determine who—management, supervisors, shift leaders, etc.—is involved in restricting workers’ freedom of movement or communication and investigate these individuals’ actions. If individuals were acting on their own without management knowledge, take appropriate action with these individuals, which could include training, suspension, or termination. If these restrictions came from management, terminate the relationship with the supplier or provide the supplier a short window of time to end all such practices.
Further investigate conditions and circumstances at the worksite that management or supervisors may be trying to conceal—including through offsite interviews with workers and other knowledgeable community members. Ensure that all workers receive training on their rights under the law and a code of conduct, including channels for grievances. Ensure that workers who wish to leave the job are able to do so and receive their full wages due.
CIRCUMSTANCE:
Workers have personal dependency on employer.
REMEDIATION ACTION:
Ensure that all workers receive training on their workplace rights under the law and a code of conduct, regardless of personal relationships.
CIRCUMSTANCE:
Workers do not feel free to resign because of benefits they have received, employer restrictions, or an illegal contract requirement.
REMEDIATION ACTION:
If a supervisor or other individual is leading workers to believe they cannot leave because the supplier has provided training or other benefits or because of an illegal contractual requirement, require the supplier to take appropriate corrective action against this individual, from training to termination. If workers simply do not understand their rights, provide training to ensure they know when they may resign. Ensure that workers who wish to leave the job are able to do so and receive their full wages due.
CIRCUMSTANCE:
Employer threatens to turn in workers to immigration authorities, makes other threats based on lack of/withholding of identity documents or using immigration related legal processes to detain, deport, or prevent workers from leaving the country.
Employer perpetrates or threatens physical or sexual violence.
Employer or recruiter threatens to remove privileges like promotion potential, threatens further deterioration in working conditions, or threatens to fire workers.
Employer or recruiter exploits religious or cultural beliefs of workers.
Employer or recruiter withholds workers’ pay or assets or threatens financial penalties.
Employer threatens extra work for uncooperative workers or uses blackmail to coerce workers.
REMEDIATION ACTION:
If these penalties, threats, or actions were initiated by management or if management was complicit, terminate the relationship with the supplier or provide the supplier a short window of time to end all such practices.
Ensure that all workers receive training on their rights under the law and a code of conduct, including channels for grievances.
Ensure that workers who wish to leave the job are able to do so and receive their full wages due.
Follow up with unannounced audits that include offsite interviews with workers and knowledgeable community members.
Encourage suppliers to establish direct employment relationships with their workers rather than third party (or contract-based) employment relationships to ensure longevity and sustainability of any remediation actions.
Step 6: Remediate Violations
