Production-related issues that are currently receiving significant social attention include child labour, forced labour, discrimination, etc. Among them, the forced labour clause in SA 8000 certification is the second issue addressed after the child labour clause. Therefore, enterprises need to understand these requirements in order to implement appropriate policies to comply with them.

Definitions Related to Forced or Compulsory Labour

• Forced or compulsory labour: All work or services that a person does not perform voluntarily and that are carried out under the threat of punishment, retaliation, or required as a means of debt repayment.
• Human trafficking: The recruitment, transfer, harbouring, or receipt of persons through threats, coercion, deception, or other forms of compulsion for the purpose of exploitation.

Requirements of the Forced or Compulsory Labour Clauses in SA 8000

Criteria:

• An organization shall not engage in or support the use of forced or compulsory labour, including prison labour, as defined in Convention 29; shall not retain original identity documents; and shall not require personnel to pay “deposits” or fees to the organization before commencing employment.
• Neither the organization nor any labour provider to the organization shall withhold any part of personnel wages, benefits, property, or documents for the purpose of forcing personnel to continue working for the organization.
• The organization shall ensure that workers do not bear all or part of recruitment costs.
• Workers shall have the right to leave the workplace after completing the standard workday and shall be free to terminate employment provided that reasonable notice is given to the organization.
• The organization or labour providers of the organization shall not engage in or support human trafficking.

International Context and Content Related to the Clauses

Relevant International Conventions

Forced or compulsory labour is widely condemned throughout the world. The Universal Declaration of Human Rights, adopted in 1948, first declared that “no one shall be held in slavery or servitude,” and the ILO has many conventions related to forced or compulsory labour, including:

• Forced Labour Convention No. 29 (1930), which stipulates that national governments must take all necessary measures to prevent and suppress the use of forced labour.
• Protection of Wages Convention No. 95 (1949), which stipulates that wages must be paid regularly and was further clarified in Convention 105.
• Private Employment Agencies Convention No. 181 (1997).

The overwhelming majority of ILO member states have ratified the two principal conventions against forced labour. As of January 2016, 175 countries had ratified Convention 105 and 178 countries had ratified Convention 29.

Basic Content Regarding Forced Labour

According to the latest ILO estimates, 21 million people worldwide are trapped in forced labour conditions. Forced or compulsory labour includes any form of labour performed under threats of harm or punishment.

This includes human trafficking, debt bondage (labour required as a means of repaying debt), and more subtle forms of forced labour that compel workers to work against their will through various forms of threats. Similar to child labour, poverty is a major cause of forced labour.

SA 8000 Requirements Prohibit Forced or Compulsory Labour in Any Form

These include debt bondage, slavery, human trafficking, and forced prison labour. According to the ILO, other indicators of forced labour include vulnerable conditions (such as poverty and hardship), deception (failure to fulfil verbal promises), geographic isolation, physical or sexual violence, and abusive working conditions such as forced overtime. All of these are prohibited under the SA 8000 standard.

The SA 8000 standard requires that all workers be fully informed about the terms and conditions of the proposed employment. They must cooperate voluntarily without being subjected to any penalties.

All of the following are strictly prohibited under SA 8000:

• Monetary disciplinary measures;
• Corporal punishment;
• Retention of documents/passports;
• Deprivation of freedom;
• Restrictions on movement.

Among these, the retention of original documents is one of the most common issues found worldwide.

The explicit mention of human trafficking in the Standard aims to raise awareness and ensure that employers take proactive measures to avoid association with any labour provider or employer involved in trafficking. Any subcontractor may potentially engage in human trafficking activities.

The Forced or Compulsory Labour Clause of SA 8000 Certification Ensures Workers’ Freedom to Leave Their Employers

Workers must be free to:

• Terminate their employment with the organization upon giving reasonable notice of resignation;
• Leave the workplace at the end of the prescribed working hours;
• Remove themselves from imminent danger.

SA 8000 Strictly Prohibits Organizations from Requiring Workers to Pay All or Part of Recruitment Fees

Therefore, organizations are responsible for paying any fees or costs associated with the recruitment process.

There are also other situations that may lead to debt bondage, such as when an organization lends money to employees who are unable to repay the debt on time based on their income. All such practices are prohibited under the SA 8000 standard.

The above are the sharing insights from Viện Chất lượng ISSQ regarding SA 8000 Certification – Clause on Forced or Compulsory Labour.

We hope this article provides useful information for you and your enterprise.

Viện Chất lượng ISSQ is always ready to accompany agencies and enterprises during the period of integration and development.

Please contact hotline: (+84) 981851111 or via email: vienchatluong@issq.org.vn | tcvn@issq.org.vn. We are honored to serve our valued customers!

Published date: 12/07/2023