Standard Principle 3.
3.1 The Business shall ensure that it does not engage in Human or Labour or Trafficking or support the use of forced labour, prison labour, bonded or indentured labour in the recruitment and/or management practices of the business or in its working conditions.
3.2 The Business must proactively seek to identify and address any potential human trafficking and modern slavery risks and vulnerabilities within its operations and its supply chain.
3.3 The Business must establish a recruitment policy and processes to ensure that workers are not subjected to any recruitment fees, and are fully aware of the terms and conditions of employment prior to commencing work.
3.4 The Business shall not retain original identity documents, require workers to lodge deposits, nor permit workers to become indebted through recruitment fees, fines, loans, advances, or other means.
3.5 Workers are free to leave their employment within the terms of their contract.
3.6 Workers are free to leave the workplace and are not restricted in their freedom of movement after work hours.
3.7 Family members of workers living on the premises shall not be prevented from taking work off farm and shall enjoy freedom of movement.
3.8 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.
3.9 In cases where bonded or forced labour or human trafficking 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.
References
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