Child labour/forced or bonded labour
Is a workforce of all types the solution to productivity?
Child labour, forced labour and bonded labour are very sensitive issues in the eyes of western markets, particularly in sectors where production is largely outsourced in developing countries. In many cases, the enforcement of social legislation is virtually ineffective, and the economic situation of people and companies so dramatic that all types of workforce can become part of their solution. Dealing, firmly but realistically, with these issuesenhances the standards of business deals and the quality of products and services exchanged. Responsible behaviour can enhance a company's reputation, long-term relationships and satisfaction of all workers involved.
For the ILO:
- A child at work is younger than 15, or 14 in developing countries. Under no circumstances can a child younger than 12 be put at work. Child labour is often defined as work that deprives children of their childhood, their potential, their schooling and their dignity, and that is harmful to their physical and mental development (like heavy, nightly or dangerous work).
- Bonded or indentured labour occurs when workers are obliged to keep on working to reimburse a debt to the employer of a credit facilitator, often because they are subject to penalties or deductions in the context of their work. Migrants are special victims of this form of labour, to pay accommodation and travel costs, or fees of employment recruiters.
- Forced labour occurs in cases of seizure of personal documents (passports, permits, etc.), debt towards the employer, forced overtime or extremely low wages, threat of penalty or of harsh and inhumane treatment (verbal, sexual abuse, corporal punishment, mental or physical coercion).
What is the risk in the supply chain?
Bad forms of labour in buyer-supplier relationships can have many reasons:
- Poverty and Economics: in regions where poverty is a major issue, people will be ready, even sometimes demanding, any kind of job to feed their family. Buyers may take this fact as an opportunity to get cheap prices. Some procurement prices do not enable suppliers to avoid child or forced labour.
- Overload: in situations where orders exceed production capacity, suppliers may fall back on higher internal work or subcontracting. In both cases, urgency may have as consequence to be less regarding on working conditions, allowing worst forms of labour to happen: children can be allowed or added to the workforce, involuntary prisoners accepted, workers can be forced to keep on working.
- Complicity: in some cases, local authorities propose to employers to use prisoners as workers. Even if it might be an opportunity for these people to be active, it often amounts to free labour with corrupt retribution of officials.
In all instances, partners, media and civil society will judge quickly when such situations are discovered. The impact in terms of reputation and business is then almost irrecoverable.
What can I do to address forced, bonded and child labour issues in the supply chain?
International standards and national legislationforma core guidance in these matters: follow the ILO conventions banning the worst forms of labour. They address forced, bonded and child labour, requiring to meet acceptable standards. Most of the international standards addressing social working conditions have endorsed the same objective (see links below).
These are some specific actions you can take, either directly or through third party audits of suppliers and their subcontractors:
- Make sure the workers have chosen their employment freely, in full knowledge of its conditions (schedules, wages, accommodation, supervision, etc.). Do this through direct interrogation if possible.
- In case of employment of young workers below the age of 18, check if it occurs in non hazardous work and when young workers are above a country’s legal age for employment or the age established for completing compulsory education. Companies will pay on top of salary a decent form of education (until the age of 15), and set up maximum hours of work. If sending a child to school means a loss of revenue for the family, the company can offer compensatory work to the parents, or pay the lost salary. Distance to work is also a factor, since a child day cannot last more than 10 hours in total (walk, school, work altogether) - this maximum 6 days a week.
- In the case of very low wages, make sure you guarantee minimum living wages to lower the recourse to overtime by workers to earn a decent living.
- Reconsider delays in production and delivery if they can contribute to indecent working times.
- Temporary or seasonal workers: if they are contracted through agents, ask the agents the conditions under which workers are hired, treated and compensated.
- Remediation
Links:
ILO definition of forced labour: http://www.ilo.org/ilolex/cgi-lex/convde.pl?C029: ILO Convention 29, ILO Convention 95, ILO Convention 105
ILO definition of child labour: http://www.ilo.org/ipec/facts/ILOconventionsonchildlabour/lang--en/index.htm: ILO Convention 5, 6, 10, 15, 33, 59, 60, 77, 78, 79, 90, 123, 124, 138, 182










