PA11: No Bonded, Forced Labour or Human Trafficking
Bonded labour includes any form of servitude, or any forced, bonded, indentured, trafficked, and non-voluntary labour. Bonded or forced labour is unacceptable regardless of the circumstances.
PA11: No Bonded, Forced Labour or Human Trafficking
11.1 CRUCIAL QUESTION: The Auditee does not engage in, or through Business Partners, cannot be complicit in any form of Servitude, forced, state-imposed forced Labour, bonded, indentured, trafficked or non-voluntary Labour
... to ensure that workers are hired: based on their free will, understanding of the rights and obligations, without facing any potential or actual risk of being subject to forced labour
Workers can: Leave work and terminate their employment freely, provided that reasonable notice is given to the employer. Leave the premises after working hours. Leave the production site and housing in their free time without having to ask for permission. Choose other housing than the lodgement offered by the employer.
PA11: No Bonded, Forced Labour or Human Trafficking
11.1 CRUCIAL QUESTION: The Auditee does not engage in, or through Business Partners, cannot be complicit in any form of Servitude, forced, state-imposed forced Labour, bonded, indentured, trafficked or non-voluntary Labour
... must make sure that:
- work permits are valid
- receive their visa, housing, training, payment, and education without entering in any form of servitude
- not asked to leave important possessions or personal documents (e.g., passport) as a deposit
- not prevented illegally and against their will from receiving their earned wages or benefits
PA11: No Bonded, Forced Labour or Human Trafficking
11.2 The Auditee acts rigorously and diligently when engaging and recruiting migrant Workers both directly and indirectly
... makes sure to avoid this situation when:
- both of origin and host countries do not provide reliable protection
- workers must pay a high recruitment fee
- movement is restricted
- workers do not understand the host country language, ...
Indirect recruitment: transparency, security, employer pay principle, EPP
Most pervasive forms: confiscation of passports and personal possessions, no EC, non/under/irregular-payment, withholding of wages, lump-sum payment, only in kind payment, illegal deduction, long working hours, substandard living conditions and denial of water and food, threats of violence
PA11: No Bonded, Forced Labour or Human Trafficking
11.3 CRUCIAL QUESTION: The Auditee does not subject Workers to inhumane or degrading Treatment, corporal Punishment, mental or physical Coercion and/or verbal Abuse
... to ensure workers are treated with respect and they are not subject to any corporal or mental abuse:
- Creates and maintains a culture of respect
- Rewards respectful treatment of workers,
- Provides regular trainings to workers and supervisors on the benefits of respectful treatment
PA11: No Bonded, Forced Labour or Human Trafficking
11.3 CRUCIAL QUESTION: The Auditee does not subject Workers to inhumane or degrading Treatment, corporal Punishment, mental or physical Coercion and/or verbal Abuse
... ensures that disciplinary measures do not consist of: corporal punishment, coercion such as: debt bondage, restriction of movement, violence, threats and intimidation
Housing: ... living conditions are respectful of workers' dignity. At a minimum, must provide separate locker, bed, changing facilities, and gender segregated
PA11: No Bonded, Forced Labour or Human Trafficking
11.4 The Auditee establishes all applicable disciplinary Procedures in writing and explains them verbally to Workers in clear and understandable Terms
... to ensure that the disciplinary procedures are:
- Coherent and in line with the law
- In writing and easily accessible to the workers and workers' representatives
- Descriptive concerning the censurable behaviour and possible disciplinary actions
- Descriptive regarding the person in charge and communication channel (including appeal)
- Free from unfair deductions or financial fees
PA11: No Bonded, Forced Labour or Human Trafficking
Required Documents
- Documented evidence of training given to workers, management, and human resources (e.g., list of attendees with signatures)
- Documented evidence on disciplinary procedures
- Recruitment procedures and records
- Employment contracts or agreements including those of recruitment agencies, labour subcontractors, and agents (if relevant) and those related to security, cleaning, and other service personnel
- Documented evidence on disciplinary cases and the measures taken
