No worker fees for recruitment

The worker is not charged any fees for recruitment
The employer bears the full costs of recruitment

Red Flags

Excessive fees charged by recruitment agents, deception surrounding wage and benefit levels, contract substitution – these illegal but common practices leave many migrant workers vulnerable to incurring very heavy debt to secure a job. Debt bondage increases the risk the risk of exploitation, forced labour and vulnerability to trafficking. Forced labour and trafficking represent severe violations of human rights under international law.

Employers may be unaware of hidden fees being charged to migrant workers by brokers and middlemen, which can render the worker bonded labour even before arrival at the workplace. Compound interest on recruitment fee debt means many migrants are never able to repay their debt or find the value of their remittances is seriously eroded. This can have a negative impact on the economy in the sending country. It also means that workers may be more likely to leave their jobs to find illegal but better paid work in the shadow economy of the receiving country.

Green Flags

• Companies should have an explicit policy which prohibits the payment of recruitment fees by workers.
• Companies should demonstrate due diligence throughout their entire supply chains for labour. This should include all recruitment processes.
• The employer should ensure that applicants are informed through job advertisements and the interview process that they should not bear any costs of recruitment. This should be verified by independent monitoring and auditing.
• Employers should provide successful applicants with a breakdown of expenses which should be covered by the employer or the employee prior to signing the job contract.
• Employers and worker representatives should check with workers on their arrival that labour brokers have followed these requirements and take remedial steps where any breaches have occurred.

Clarity and Transparency of Worker Contract

Migrant worker contracts must be available in the workers' language, clearly explained and signed without coercion

Red Flags

Much exploitation of migrant workers arises from deception surrounding working conditions, pay, hours of work etc. False contracts of employment, or ‘contract substitution’ i.e. contracts that bear no relation to the subsequent reality are commonplace. Additions to contracts on arrival in host countries can also add unexpected and unacceptable burdens and conditions on migrant workers, such as hidden deductions for food, transport, longer working hours, no overtime etc.

Contracts with third parties such as labour brokers and employment agencies rather than the workers directly can also leave workers vulnerable to exploitation and companies exposed to reputational and other risk.

Green Flags

• The employment contract should be directly with the migrant worker not with a third party.
• The contract should be written such that it is legally enforceable in the receiving country and written in the employee’s language.
• The terms outlined in the employee’s written employment contract must be fully explained prior to departure from their home country. The explanation should be clear and in terms the employee would understand.
• The contract should be signed by the employee without coercion.
• The employee should receive a copy of the employment contract in their own language prior to leaving the country of origin. This should be double-checked for consistency by a worker representative on arrival.
• Adequate time should be allowed for contract signing to allow all the implications of the contract to be understood. Contract signing at the airport should be prohibited.
• Additions and changes to contracts once the migrant arrives in the destination country should only occur with mutual consent after adequate explanation.
• No worker should be asked to sign a blank sheet of paper along with their contract under the assumption that further details will be filled in later.

Non-retention of Passports and ID Documents

The worker maintains free and immediate access to his/her own passport and ID documents

Red Flags

Confiscation by employers or recruitment brokers in the receiving country of migrant worker passports, work permits and other identity documents is very common. This practice allows the company or agents to control the workers freedom of movement, ability to change jobs and compromises their ability and willingness to complain about poor conditions.

It also makes them vulnerable to unwarranted attention from local police and security services and can make it difficult to access consular / diplomatic assistance. It can also hinder them accessing other services such as banking. Confiscation of passports and other forms of ID is a contributory factor towards bonded and forced labour.

Where conditions are particularly poor, workers have been known to leave the workplace, forfeiting their passports or other personal ID documents. These workers are then extremely vulnerable as illegal migrants with no legal status, unable to find legal work, and denied access to any social or medical services.

Green Flags

• Neither the company, its suppliers, employment agency or other 3rd party should hold the passports, visas or other working documents of any migrant worker. Duplicates only should be held by the employer in worker personnel files.
• Where workers live in dormitories, the factory should provide secure storage for such documents and other valuable personal items. If migrant workers specifically request the factory to hold their documents for safe-keeping, there must be a clear and simple procedure for workers to access or take back their documents at any time.
• Should a voluntary safeguarding operation be in place for these documents, it should be made clear to workers in their conditions of employment that they have free, direct and immediate access to them on request.
• Temporary or local ID cards and other smart cards can offer useful additional ID for migrant workers but should not be a substitute for workers’ retaining control over their own passports and other ID documents.

Inclusive Codes of Conduct

Migrant workers are explicitly included in all employer and retailer codes of conduct

Red Flags

Company codes do not always make specific reference to migrant workers. There is sometimes an assumption that they will be covered by general company codes but this is not always the case. Migrant workers will also frequently encounter unique circumstances and issues directly related to their migrant status, such as language, religious or cultural requirements. Where migrant workers are not explicitly included in company codes, any independent auditing process will often fail to pick up areas of particular concern and potential discrimination.

Green Flags

• All general company codes of conduct and suppliers guidelines should include migrant workers explicitly.
• Detailed provision and a written policy for the particular challenges faced by migrants should also be included in company guidelines and audits.
• Contracts between retailers and suppliers should include clear guidance on migrant workers, and be included in management system training as well as independent audits.
• Responsibility for ensuring migrant worker welfare should lie with a senior manager / board member.
• Adequate training should be offered to supervisors and line managers to ensure company standards are effectively and fairly applied to migrant workers.

Non-Discrimination

Migrant workers are not discriminated against on the grounds of ethnicity, gender, religion, sexual orientation, disability, in accordance with local and national labour laws and international labour standards

Red Flags

Migrant workers experience discrimination in most aspects of their employment, from basic double standards in relation to wage rates, to disregard for their religious beliefs and practices, or dietary requirements. Discrimination on the grounds of ethnicity, gender, religion, sexual orientation, or health (e.g. HIV positive) is commonplace. This is exacerbated by the lack of legal protection or access to legal remedy available to migrant workers in most situations.

In many cases, workers who have become pregnant have been sent home or dismissed without payment of outstanding wages or the means to travel to their home country. These workers lack access to any form of legal protection or remedy and are particularly vulnerable to further exploitation.

Workplace discrimination against migrant workers can lead to ‘tiering’ of jobs, training, pay, overtime and other benefits. This can lead to tensions within the workforce as well as between workers and management.

Green Flags

• Recruitment agencies, intermediaries and employers do not discriminate against migrant workers on the basis of ethnic group, gender, religion, sexual orientation, disability, in accordance with local labour law and international labour standards.
• Migrant workers are treated no less favourably by employers than local employees. Allocation of tasks, training, opportunities, working hours, pay and overtime is fair and transparent.
• No discrimination against any nationality, caste or religious group is practised.
• Women migrant workers are not subjected to sexual or other gender-based harassment or discrimination.
• Where local or national labour laws allow for any form of discrimination, international labour standards should apply.
• Line managers and supervisors should receive adequate training in company expectations and procedures for working with migrant workers in a non- discriminatory fashion.

Fair and Direct Remuneration

Migrant workers are remunerated fairly and directly, in line with local workers' wages and benefits.

Red Flags

Discrepancies between expected and actual wages present a major issue for many migrant workers. False accounting, and unregulated payment systems, fraud and deliberate withholding of payments due are common methods both of exploitation and control of migrant workers. In many cases, migrant workers are paid less then local employees for the same work.

Irregularity of payments and withholding of pay can cause serious financial difficulties for migrants many of whom will have taken on considerable debt. Missed repayments of loans can incur considerable additional penalties and even deeper debt.

Green Flags

• Employers must pay wages in accordance with the terms of the contract.
• Payments should be made on time and the withholding of pay prohibited.
• Payments should be made via an official banking system direct to the migrant worker, not via a third party, e.g. labour broker.
• All workers should receive appropriate pay slips in their own language with both payments and deductions clearly itemised and explained. Checking pay slips should be included in all independent audits.
• Forced savings schemes, deposits and runaway insurance should be prohibited.
• There should be no hidden deductions for accommodation, food, transport, medical care of which the migrant worker is unaware when signing the contract.

Worker Representation

Migrant workers have the same rights to freedom of association, to freely join a trade union, and to collective bargaining as local workers

Red Flags

Migrant workers are sometimes barred from joining trade unions or participating in other forms of workplace representation. This may be due to discrimination, intimidation, failing to provide the migrant workers access to the union official or worker representative or not providing proper information in the migrants’ languages to inform them of their rights and choices. Freedom of association and the right to collective bargaining are fundamental human rights. Companies which do not guarantee these rights to workers in their employment are violating international labour rights.

Green Flags

• All workers should have the right to join a trade union or other system of workplace representation of their choice in line with the laws of the host country without fear of discrimination or intimidation.
• Migrant workers, as with local employees, should have the freedom to join the union of their choice, and to be provided with the relevant information in their language to inform their decision.
• Translation facilities should be made available to allow migrant workers to communicate confidentially and collectively with worker representatives.

Access to Grievance Mechanisms

Migrant workers have access to confidential, safe grievance mechanisms, without fear of recrimination

Red Flags

Many migrant workers lack access to clear, robust and independent grievance processes. There is often a lack of awareness among migrant workers of their rights to bring legitimate complaints of harassment, discrimination or unfair treatment to a confidential grievance body. Migrants may be denied access to worker representatives who could advise them on the process to access independent legal advice. This situation is frequently exacerbated by language barriers. They may fear discrimination, intimidation, or losing their jobs and being repatriated. This fear will be particularly acute where their levels of debt are excessively high and where there may be outstanding wages and benefits.

Green Flags

• Employers should ensure that company grievance policies and procedures adhere to relevant laws, and are regularly reviewed.
• All migrant workers should have access to a clear grievance process explained in their own language.
• Grievance processes for female migrants should include safe processes specifically designed to identify and address sexual harassment.
• Employers should make appropriate provision for workers to lodge complaints and to seek remedy without fear of recrimination or financial penalty.
• Workers should be informed of confidential channels available to lodge complaints or raise concerns, e.g. telephone hotline, independent counselling/grievance centre for migrants workers.
• Access to worker representatives is important in ensuring migrants have access to appropriate grievance mechanisms.
• Independent verification of grievance procedures through worker interviews should be conducted regularly.

Adequate Health and Safety Measures

Adequate health and safety provision is in place and all relevant instructions, training and materials shall be made available/understood in migrant workers' languages

Red Flags

Health and safety provision for migrant workers is often sub-standard. Migrants are not always included in standard company health and safety training. Language, culture and comprehension issues often compound many migrants’ lack of awareness of health and safety issues. Health and safety training, manuals, sign-age and product/equipment labelling are often not translated into relevant languages for the migrant workers, posing significant health and safety risks in the workplace.

Green Flags

• Migrant workers must have access to adequate health and safety equipment.
• All H & S training must include migrant workers in a language they understand.
• Labelling of hazardous chemicals, operational instructions for machinery etc. should be translated into the appropriate languages (written and verbal).
• Posters and safety notices should also be in the appropriate languages or in pictorial form.
• H & S training should be included in independent audits, and reviewed regularly by management. Workers should be requested to provide feedback on any training or materials they have received.

Safe and Timely Return Guaranteed

Migrant workers' contracts include provision for safe and timely return with all wages and benefits paid in full at the end of contract, or mid-contract repatriation in the case of emergency

Red Flags

Withholding of final wages and other deductions at the end of employment can present difficulties for migrant workers who on completion of contracts (and possibly work permits) lack leverage with former employers. In some cases, workers are left to make their own arrangements for return at their own cost. Once a migrant worker’s contract has expired, the worker is in a particularly vulnerable situation unless provision of safe return has been included in the contract.

Green Flags

• At the end of a contract all migrant workers should be paid outstanding wages and any other benefits accrued in full.
• Airfares and other costs associated with a safe return should be borne by the employer.
• All migrant worker contracts should include clauses guaranteeing safe and timely return to the home country at the end of contract, in case of medical requirements, or mid-contract in the case of emergency situations, such as political and civil unrest.
• Return tickets should be provided to the worker before the date of expiry of the contract.