Forced Labor and Trafficking Risks in Global Supply Chains Mission: Make fair and accountable recruitment an accessible commodity – the rule rather than the exception, by Increasing the percentage of workers deployed to foreign jobs through safe, legal and fair means Increasing the number of ethical and accountable enterprises working in the private recruitment space Increasing the number of employers paying for recruitment services Scope of this Presentation Formal sector Regular migration Causes, Benefits and Risks of Labor Migration Receiving countries keep businesses incountry Labor shortages in receiving countries Employers get skilled workers Labor migration Labor surplus in countries with high unemployment and underemployment Workers get jobs, and acquire and improve skills Sending countries earn from dollar remittances Unintended outcome: Debt bondage, forced labor trafficking; labor broker abuses Workers subsidize the cost of labor migration, fall into debt bondage Recruitment & Selection On-Site Conditions 1. Commitment/ Reservation Fee 4. Deductions (Run away insurance, other deductions) 2. Placement Fee 3. Direct Costs Return/Reintegration 5. Cost of repatriation Risks to workers • Forced labor Risks to employers • Excessive, forced overtime • Worker dissatisfaction and unrest • Harassment and abuse • Runaway workers • Pregnancy testing, forced contraception/abortion • Litigation • Public censure: stakeholder action, dissatisfied customers • Workers who run-away Primacy of immigrations policies Entry and exit barriers Receiving Country Governments Labor Brokers Poor ability to negotiate with receiving countries for better worker protection Imperfect information Poverty and Unemployment Corruption and collusion Sending Country Governments Workers Employers Poor to no regulation, low penalties for malpractice Sub-contract recruitment, selection and hiring, and even on-site management of foreign workers, but have no visibility or control over the process Factors that increase vulnerability of the labor migration system to forced labor issues Where the risk to forced labor, debt bondage and trafficking are most likely Guest worker programs in countries where there is tension between labor market requirements (worker shortages) and strong immigrations regimes Jobs that are highly dispersed, and where commercial relationships are informal (fisheries) Workplaces that are isolated and not easily within reach of inspectors/monitors/authorities Froeign jobs that are brokered by 3rd party agents (PRAs) Low-value, labor-intensive Jobs on the fringes of the industry, esp. those which can be done as home-work The worker’s risk to debt bondage and forced labor starts before they even reach the workplace - even before they get the job •Recruitment •Selection •Hiring and Contracting •Deployment Employment •Wages and Benefits •Workplace Conditions •Housing Conditions •Other contractual conditions •Resignation/Termination/Contract Completion •Repatriation •Re-Integration Exit and Pre-Deployment Repatriation Range of Total Recruitment Fees & Expenses Paid by Workers (in USD) Indonesia Philippines Vietnam Thailand Bangladesh China Nepal Cambodia Myanmar Malaysia 630 - 980 1,100 2,400 No data 3,500 NA 1750 – 2100 1200 – 1500 1,500 – 1700 Taiwan 3,200 – 4,000 1,700 – 3,000 5,000 – 8,000 3,200 – 4,900 NA NA No Data No Data No Data Singapore No data No Data 3,600 – 5,000 No data NA 7,000 12,400 No Data No Data No Data Japan 6,000 – 9,000 3,000 – 5,000 8,000 – 15,000 6,000 – 8,500 No Data No Data No Data No Data No Data Korea 5,000 – 8,000 3,000 – 4,000 7,000 – 12,000 5,000 – 7,500 No Data No Data No Data No Data No Data Breakdown of a Filipino Worker’s Wages for a 2-year Contract in Taiwan (NT414,720), 2009 Taiwan Broker’s Service Fees - 10% Balance that goes to the worker – 28% Board and Lodging – 20% Source: Verité, 2009 Sending country placement fees 15% “Savings” – 17% Interest on loans in sending country – 10% Employers need to pay for recruitment services if they want to eliminate forced labor in supply chains Workers Pay Employers pay Fees Paid by Contract Workers for Taiwan Deployment Country Placement Rate (in US$) # of Months Equivalent Inclusions/Exclusions Vietnam 6,000 to 8,000 10 to 12 Incl: Language Training, Technical Skills Training, Board/Lodging, Transportation/Airfare, Documents Processing Indonesia 3,000 to 4,000 4 to 6 All-In including payment for SubAgent and Provincial Sponsor Philippines 3,000 to 3,500 4 to 5.5 Excludes Passport, Clearances, Medical Includes: Visa/Tickets Thailand 2,200 to 3,500 3.5 to 5.5 All-In Actual Fees Paid by Taiwan-Bound Workers (Philippine Example) Item (*Should be paid by Employer) *Processing fees Fees paid by workers (PHP) 2,177.63 OWWA Contribution 1,088.63 *Medical examination 2,500.00 *Visa 3,100.00 *Air Ticket 7,000.00 passport 900.00 NBI 115.00 Birth Certification 115.00 *Pre-departure Seminar (PDOS) 100.00 TOTAL PHP 17,096.26 (US$400.00) Sample cost comparison $3,000 – $3,500 Actual Cost of Services: …excluding Passport, Medical, Clearances $750 (+/-) + $400 $1,150 to cover recruitment hiring, pre-employment training and life-planning, personality testing, worker hot-line, monitoring visits actual costs paid by worker Note: “Actual cost of services” can vary depending on type of workers being recruited and the nature of the supply market. Challenges in Auditing Labor Brokers Competency No paper trail, no receipts, no breakdown of amounts workers paid Tracking informal middlemen in labor supply chain Logistical challenges (cross-border), Costs Workers afraid to talk, forced to lie Results are temporary, do not change broker practices What Business Needs to Do Get clear details of the problem • Assess broker practices • Assess employment practices • Gather information from workers • Know overseas employment laws (sending) and foreign working employment laws (receiving) Manage Onsite conditions • Effective grievance mechanisms • Don’t keep passports • No forced savings, deposits • Meet contractual conditions • Protect workers from harassment • Humane living and working conditions Return Overcharges • Determine judiciously: • How much? • How far back? • Who are in scope? • How do you know when objectives have been met? Enforce Ethical Recruitment Regime • Pay for recruitment services • Work with an ethical recruitment agency Challenges Competency Collusion (Entrenched Relationships, Vested Interests) Cost (perceived or real) Determining “good” from “bad” recruiters Thank You! For questions, contact me at: Marie Apostol marie@fairhiringinc.com