Header Photo Credit: Mufid Manjun_Unsplash
Key Points:
- Remediation of labor exploitation in global supply chains intends to restore workers that have been harmed by a business's activities to the situation they would have been in had the impact not occurred. Access to Remedy is a critical pillar of the UN Guiding Principles on Business and Human Rights (UNGPs) and is highlighted throughout.
- In particular, Guiding Principle 22, in Pillar II, provides that where "business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes". Note that it is also the obligation of States and governments to support access to remedy efforts.
- Remediation means that identified violations are not only stopped, but also that their past harms are addressed. For example, if a worker has been paid less than the minimum wage for several months, their employer must begin paying the legal minimum wage and pay the worker the back pay that they are owed.
- Businesses should respond to any child labor and forced labor violations and prevent them from recurring. Auditors’ immediate actions and the ongoing corrective actions taken by management should focus on what is best for the victims. In a worker-driven model, stakeholders, including workers, should have a role in remediating violations.
- Businesses have the responsibility to ensure their direct business partners and all actors along their supply chains are held accountable for remediating child and forced labor violations as they arise.
- Supplier or facility management should be committed to correcting violations.
- Businesses should have the necessary mechanisms to secure the technical assistance and support needed to correct violations. See our Forced Labor Remediation Guide for examples of specific remediation actions that could be taken when indicators of forced labor are found. In all cases, issues should be documented and tracked, and management systems should be updated and corrective action plans should be developed to prevent recurrence.
- In order for remediation to be worker-driven, workers, unions, or workers’ organizations should be active partners in identifying which remediation actions will work best and should be involved in implementing remedy actions. This can be done by engaging directly with trade unions and non-governmental organizations to propose changes to remediation and due diligence policies and procedures, including updating them in line with the most current OECD Guidelines. Note that when authentic worker voice exists, workers participate in collective efforts to elect their representatives, identify problems, propose solutions, negotiate agreements, and hold parties accountable – democracy in action, at work. For one example, see our Information and Resources on Withhold Release Orders (WROs)
- A company’s actions—such as pressure to fill orders by a set date or sudden changes in volume or production specifications—could cause suppliers to mandate excessive overtime, bring in additional workers using brokers or recruiters that may not be fully compliant, or subcontract to unauthorized contractors to get the work done.
- Companies should provide lead times and pricing structures that allow suppliers to complete orders without violating the company’s code of conduct and should encourage suppliers to transparently communicate production issues as they arise. Corrective Action Plans (CAPs) are plans of action for remediation of all violations found in a particular audit.
- It is good practice to provide opportunities for worker and community input into a CAP.
Key Topics
Examples in Action
This example details general events and is informed by public information relative to this case and should not be considered an indication of likely outcomes in other cases. CBP is responsible for issuing, modifying, and revoking WROs. For more information, see https://www.cbp.gov/trade/forced-labor/withhold-release-orders-and-findings.
Apple mandated that suppliers could charge zero fees to supplier employees as part of the recruitment process, despite existing national legislation that would allow recruitment fees. If Apple discovers instances of practices in contradiction to this mandate, the supplier must repay the recruitment fees. Suppliers that do not implement measures to correct these practices risk their business with Apple.
Best Buy has standard provisions that prohibit forced labor. This process includes training on Best Buy’s Supplier Code of Conduct, which is repeated annually as part of an overall training program.
Puma’s Intervention to Reinstate Union Workers
Puma engaged with factories and facilitated mediation meetings between workers and management by coordinating their actions with other brands and Better Factory Cambodia to improve social dialogue between management and workers representatives.
Further Resources
- Metzger, H. Forced Labor Not Acceptable. Best Buy. February 2020. Retrieved from: https://corporate.bestbuy.com/forced-labor-not-acceptable/.
- Jungk, Margaret, Chichester, Ouida, and Chris Fletcher. “In Search of Justice: Pathways to Remedy at the Porgera Gold Mine.” Report. BSR, San Francisco, 2018.
- Impactt Limited. Principles and Guidelines for the Repayment of Migrant Worker Recruitment Fees and Related Costs. October 2021. Retrieved from: https://impacttlimited.com/principles-for-repayment-of-recruitment-fees/
- UNODC, UN GIFT, First Aid Kit for Use by Law Enforcement First Responders in Addressing Human Trafficking, Retrieved 2023.
- UNODC, UN GIFT Victim Translation Assistance Tool: Life Support Messages for Victims of Human Trafficking, Retrieved 2023.
