No forced, bonded, prison, indentured labour or modern slavery

  1. The Business shall ensure that it does not engage in or support the use of forced labour, prison labour, bonded or indentured labour in the recruitment and/or management practices of the business or its working conditions.
  2. The Business shall proactively seek to identify and address any potential modern slavery risks and vulnerabilities within it and its supply chain.
  3. The Business shall ensure that all workers are responsibly sourced and recruited – particularly in the case of vulnerable workers such as seasonal and migrant workers.
  4. Workers are not coerced into employment through any forms of forced or bonded labour, debt-bondage, violence and intimidation.
  5. Workers are free to leave their employment within the terms of their contract.
  6. Workers shall have the right to leave the workplace after their shift and shall enjoy freedom of movement.
  7. Family members of workers living on the premises shall not be prevented from taking work off farm and shall enjoy freedom of movement.
  8. The Business shall ensure that disciplinary procedures clearly outline that any form of forced or bonded labour as a disciplinary measure shall not be tolerated.
  9. In cases where bonded or forced labour is found to be present in the workplace or in its supply chains, the Business shall take appropriate measures to remedy the situation so as to put the best interest of the worker(s) first.

South African Legislation

Constitution of the RSA, 1996:

  • Section 13 Provides that no one may be subjected to forced labour.
  • Section 9 provides that everyone is equal before the law and has the right to equal protection and benefit of the law. Section 21 provides that everyone has the right to freedom of movement. 
  • Section 22 provides that every citizen has the right to choose their trade, occupation or profession freely (and as regulated by law).  Section 28 provides that children have the right to family care and that the child’s best interests are of paramount importance.

Basic Conditions of Employment Act:

  • Section 48 prohibits forced labour and no one may for his or her own benefit or benefit someone else, cause, demand or impose forced labour.
  • BCEA SD 13: Sub-clauses 1 and 2 of clause 25 of Part F repeat the legislation.

Extended Security of Tenure Act 62 of 1997

International Reference

  • ILO Convention C029 – Forced Labour Convention, 1930
  • ILO Convention – Abolition of Forced Labour, 1957
  • ILO Convention 203 – Forced Labour (Supplementary measures) Recommendation, 2014