Appendix 10 – Forced and Child Labour Remediation Process

This Appendix details the process, timeline, and implementation of remediation actions and plans in response to instances of forced labour as required in Criterion 3.2 (Indicator 3.2.2) and child labour as required in Criterion 3.3 (Indicator 3.3.2).

10.1 Introduction

Remediation is the process of restoring an individual after a human rights violation has been discovered, reported and verified. The issue can be discovered in several ways, including through the grievance process, internally at a site or during a third-party audit. The United Nations Guiding Principles for Business and Human Rights (UNGPs) 143143https://www.business-humanrights.org/en/big-issues/governing-business-human-rights/un-guiding-principles/ require that both states and businesses take steps to ensure that when there are human rights violations, employees have access to effective remedy.

The UoC can work in partnership with employee representation and external partners but is always responsible for ensuring that the remediation process is carried out and that it prioritises the best interest of the person. The remediation process includes the following steps, which are outlined in this document and shown in Figure 1:

Figure 1 Remediation process timeline

10.2 Step 1: Immediate response and safeguarding (within 24 hours of detection)

Once a case has been detected, the first step in remediation is for the site to ensure the person’s safety, and make sure that the person does not feel threatened. Not all situations require immediate safeguarding. However, child labour and forced labour often require immediate actions to protect the person and remove them from an unsafe situation until the remediation plan is developed and enacted.

When a person working in forced labour is found to be working on a site:

When a child below the allowed working age is found to be working on a site:

When a child of legal working age is found to be working in a hazardous situation:

10.3 Step 2: Remediation plan development

The next step is to develop and agree upon a remediation plan for the person, seeking input from the affected person, as well as external experts when appropriate. When it is a case of child labour, the child’s family or guardian shall also be involved in the process. When the family is not available, local child protection authorities shall be engaged.

Remediation will take different forms depending on the situation and the needs of the person in question but always considers the best interest of the person. The development and implementation of most plans shall involve working with an NGO or other partner organisation and/or government agencies who are experts in the issue. The criminal justice system is contacted when criminal actions have occurred. How quickly the plan is finalised is dependent on the complexity of actions that need to occur and the urgency of the case, but in any case, within 28 calendar days of an abuse finding.

Elements to consider in the development of a remediation plan for child labour:

Where a child of legal working age is found working in a hazardous situation, the goal is to ensure the child’s health and safety and preserve their income with safe work. Remediation actions may include the following:

When a child below the allowed working age is found to be working, the goal is to protect the child and assure access to adequate resources and long-term support for the child and their education. Remediation actions may include the following:

Elements to consider in the development of a remediation plan for forced labour:

For forced and bonded labour, the goal is usually to provide safe and fairly compensated work where possible, and return any trafficked persons employed against their will to their home when they wish. Remediation actions may include the following:

Whether the issue is discovered through a third-party audit, self-detected by the UoC, or reported through the grievance mechanism, employee representation is involved in the

development of any remediation plan. They are made aware of external resources available for remediation and the development of any remediation plan. This supports mutual learning and accountability.

10.4 Step 3: Implementation and monitoring of remediation plan

Once the plan has been agreed on by all parties, it is implemented and monitored. Major remediation actions shall be completed within three months of finding the abuse. However, in some cases of child labour, implementation of the child’s remediation plan can take up to several years until a child has finished schooling and is eligible for legal employment. In this case, the plan shall be underway (e.g. the child is enrolled in school and the family is supported) at the end of the 90 days, with a clear plan of continued action.

Regular monitoring of the plan is important to confirm that the plan is implemented, that the implementation is effective, and that necessary adjustments are made when circumstances change – for example when a child needs to change school enrolment due to a move.

10.5 Step 4: Corrective action plan to prevent reoccurrence

An effective remediation process includes the development of a corrective action plan to ensure that root causes are understood, and to prevent the abuse from happening again to someone else. To develop this, the UoC shall perform a root cause analysis of what went wrong in their system and shall implement and monitor appropriate corrective actions to prevent recurrence.