FAQS

Yes, a 16-year-old person working in your spinning mill in Bangladesh would be considered child labour according to international labour standards and many national laws, including the legal framework in Bangladesh.

The International Labour Organization (ILO) defines child labor as work that deprives children of their childhood, potential, and dignity and that is harmful to their physical and mental development. According to ILO conventions, the minimum age for admission to employment should not be less than the age of completion of compulsory schooling and not be less than 15 years. However, there is an exception that allows developing countries to set the minimum age at 14 years under certain conditions.

In Bangladesh, the minimum age for employment is generally set at 14 years under the Bangladesh Labour Act. However, children aged 14 and 15 years are allowed to perform light work not harmful to their health or development, and they should not work in hazardous conditions.

A 16-year-old person working in your spinning mill would still be considered child labour, as they are below the age of 18, which is the minimum age for admission to hazardous work under ILO conventions. It is crucial to respect labour laws and international labour standards to ensure the well-being and rights of young workers. If you have identified underage workers in your factory, take immediate action to remove them from hazardous conditions, provide appropriate care and support, and cooperate with relevant authorities to address the issue responsibly. Additionally, review your hiring and age verification procedures to prevent such incidents from occurring in the future and create a safe and compliant working environment

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Discovering underage workers on your worksite is a serious matter that requires immediate attention and appropriate action to protect the welfare of the children involved and comply with legal obligations. Here are the steps you should take:

1. Remove the underage workers from harmful conditions: as a priority, ensure the immediate safety and well-being of the underage workers by removing them from any hazardous or inappropriate work environments.
2. Provide care and support: offer appropriate care and support to the underage workers. This may involve providing access to medical assistance, counselling, and other necessary services to address any physical or psychological issues resulting from their work experience.
3. Document the incident: document all relevant details about the underage workers, including their names, ages, and any information about how they came to work at your worksite. Maintain records of the incident for future reference and legal compliance.
4. Notify relevant authorities: report the discovery of underage workers to the appropriate government authorities responsible for labour and child protection. Cooperate fully with any investigations or actions that may follow.
5. Inform senior management: notify your company’s senior management or relevant stakeholders about the situation. Transparency and prompt communication are crucial in addressing the issue effectively.
6. Conduct an investigation: initiate an internal investigation to understand how the underage workers were employed at your worksite. Identify any gaps or weaknesses in your hiring and monitoring processes that allowed this to happen.
7. Adhere to legal requirements: Comply with all legal requirements related to reporting and addressing child labour in your country or region. Work closely with authorities to ensure that your actions are in line with the law.
8. Collaborate with child protection organizations: collaborate with non-governmental organizations (NGOs) and child protection organizations experienced in combating child labour and exploitation. Seek their guidance and support in handling the situation.
9. Prevent recurrence: take steps to prevent the recurrence of child labor in your worksite. Strengthen your recruitment and hiring practices, and ensure robust age verification procedures are in place.
10. Support reintegration: If feasible, work with relevant organizations to support the reintegration of the underage workers into appropriate educational or family settings, ensuring they are protected from future exploitation.

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Ensuring that your recruitment partners are ethical agencies and that workers are not paying excessive recruitment fees is crucial to uphold fair labor practices and protect the rights of workers. Here are some steps you can take to achieve this:

Vet recruitment agencies
Before partnering with a recruitment agency, conduct a thorough background check on the agency’s reputation, track record, and compliance with labour laws. Look for reviews and testimonials from other clients to assess their performance and ethical practices.

Check for accreditation and certifications
Look for recruitment agencies that are accredited or certified by recognized industry bodies or labour organizations. Accreditation can be a sign of adherence to ethical standards and compliance with relevant regulations.

Review recruitment contracts and agreements
Examine the terms and conditions of the recruitment contract to ensure that it explicitly prohibits charging excessive recruitment fees to workers. Include clauses that hold the agency accountable for any violation of ethical recruitment practices.

Transparency in fee structures
Request detailed breakdowns of the fees charged by the recruitment agency. Ensure that the fees are reasonable and that there are no hidden charges or additional costs that could burden the workers.

Engage with workers
Engage directly with the recruited workers to understand their experiences and whether they had to pay any fees. Encourage them to report any unethical practices they may have encountered.

Educate workers
Provide information and training to workers about their rights, the recruitment process, and the legal provisions in place to protect them. Empowering workers with knowledge can help them identify and avoid exploitative recruitment practices.

Work with local NGOs and labour rights organizations
Collaborate with local non-governmental organizations (NGOs) and labour rights organizations that focus on protecting migrant workers’ rights. They can provide valuable insights and assistance in ensuring ethical recruitment practices.

Seek legal and expert advice
Consult with legal experts and organizations specializing in labour rights and ethical recruitment to ensure your recruitment process aligns with best practices and legal requirements.

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Fees and expenses associated with the recruitment of a migrant worker can vary significantly depending on the destination country, the type of job, the recruitment agency, and the specific circumstances of the worker. It’s important to note that some countries and regions have regulations in place to protect workers from exploitative recruitment practices, while others may lack such protections.

Typically, the following fees and expenses may be involved in the recruitment process for a migrant worker:

Recruitment agency fees
These are the fees charged by the recruitment agency for their services in sourcing and connecting the worker with potential employers. These fees can vary widely and may be a percentage of the worker’s salary or a fixed amount.

Visa and work permit fees
Migrant workers often require visas and work permits to legally work in a foreign country. The cost of obtaining these documents can include application fees, processing fees, and other administrative charges.

Travel Expenses
Migrant workers may be responsible for covering the costs of their travel to the destination country, including airfare, transportation to the workplace, and other related expenses.

Medical examinations
Some countries require medical examinations as part of the visa application process. Migrant workers may need to pay for these medical tests.

Document attestation and translation
Workers may need to get their educational and professional qualifications attested or translated, which can involve additional costs.

Orientation and training fees
In certain cases, migrant workers may need to undergo pre-departure orientation or specific training, which might have associated costs.

Recruitment-related debt
In unfortunate cases of debt bondage, migrant workers may be charged excessive recruitment fees or loans with high-interest rates, creating a cycle of debt that workers have to repay over time.

It’s essential to ensure that the recruitment process adheres to fair and ethical practices, and that workers are not subject to exploitative fees or working conditions. Transparent and regulated recruitment systems are essential to protect the rights and well-being of migrant workers. Given the complexity of recruitment costs and the potential for exploitation, it’s advisable for both employers and workers to research and work with reputable recruitment agencies and to be aware of the legal and ethical requirements of the destination country’s labour market.

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Identifying risks of forced labour in your supply chain can be challenging, but there are several tools and approaches that can assist you in this process. Here are some tools and resources that can help you identify forced labour risks:

Supply chain mapping tools
Use supply chain mapping tools to trace the origin of raw materials and components to identify potential areas of vulnerability to forced labour.

Supplier self-assessment questionnaires
Develop and distribute questionnaires to your suppliers, asking them to disclose information about their labour practices, hiring procedures, and working conditions. Include specific questions related to forced labour risks, such as recruitment practices, worker retention, and freedom of movement.

Third-party audits
Engage reputable third-party auditing firms specializing in labour rights and ethical supply chain practices. These auditors can assess your suppliers’ facilities, interview workers, and identify potential forced labour risks.

Labour monitoring technologies
Utilise technology solutions that help monitor labour conditions and worker practices in real-time. Some platforms leverage worker helplines, mobile apps, or SMS-based systems to gather information directly from workers.

Supplier Code of Conduct
Establish a robust supplier code of conduct that explicitly prohibits forced labor and outlines your expectations for suppliers’ compliance. Require suppliers to sign and adhere to this code as a condition of doing business with your company.

Industry or multi-stakeholder initiatives
Join industry-specific or multi-stakeholder initiatives that promote ethical supply chain practices. These initiatives often provide tools, guidance, and resources to help companies identify and address forced labor risks.

Human rights impact assessments
Conduct comprehensive human rights impact assessments throughout your supply chain to identify potential forced labour risks and their root causes.

External risk databases
Utilize external risk databases and tools that specialize in supply chain risk assessment. These databases may provide insights into regions or industries with higher risks of forced labour.

NGO and labour union reports
Keep an eye on reports published by non-governmental organizations (NGOs) and labor unions that focus on labor rights and human trafficking. These reports can highlight industry-specific risks and specific suppliers with concerning practices.

Training and capacity building
Provide training to your supply chain personnel and workers on recognizing and addressing forced labor risks. Empower them to report any concerns through appropriate channels.

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Human rights due diligence legislation aims to hold companies accountable for their human rights impacts, including those that occur within their supply chains and business operations. While the specific impacts can vary based on the country and the scope of the legislation, here are some common effects that such laws can have on factories:

Accountability
Factories and businesses will be held accountable for their human rights practices, and they will be required to identify, assess, and address potential human rights risks within their operations and supply chains.

Risk assessment

Factories will need to conduct thorough human rights risk assessments, identifying potential areas of concern such as forced labour, child labour, workplace safety, and environmental impact. They will then be required to take measures to mitigate these risks.

Transparency
Legislation may demand greater transparency in supply chains, with factories needing to disclose information about their suppliers and subcontractors to ensure compliance with human rights standards.

Stakeholder engagement
Factories will need to engage with stakeholders, including workers, communities, NGOs, and trade unions, to understand and address human rights concerns effectively.

Legal and financial implications
Non-compliance with the legislation could result in legal and financial consequences, including fines, penalties, or legal actions, which could have serious implications for the factory’s operations and reputation.

Worker voice
Legislation may promote worker empowerment by requiring mechanisms for workers to voice their concerns, report abuses, and seek remedies without fear of retaliation.

Strengthening of policies
Factories may need to establish and implement codes of conduct and policies that align with human rights standards and ensure that these are adhered to throughout the organization and supply chain.

Training and capacity building
Factories may need to invest in training and capacity building to ensure that their staff and suppliers are aware of and understand human rights issues and how to address them effectively.

Industry collaboration
Legislation may encourage collaboration within industries to share best practices, tackle common challenges, and collectively address human rights issues.

Brand reputation
Companies with robust human rights due diligence practices are likely to enhance their reputation and brand image, attracting socially conscious consumers and investors.

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Recruitment fees, in the context of labour rights and social responsibility, refer to fees that are charged to workers during the recruitment process to obtain employment opportunities. These fees can often lead to debt bondage and forced labour, particularly in the case of migrant workers seeking jobs abroad. Charging excessive recruitment fees is a significant labour rights issue.

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