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GRI 409: Forced or Compulsory Labor 2016

EFFECTIVE DATE: 1 JULY 2018

Introduction​

GRI 409: Forced or Compulsory Labor 2016 contains disclosures for organizations to report information about their impacts related to forced or compulsory labor, and how they manage these impacts. The Standard is structured as follows:

  • Section 1 contains a requirement, which provides information about how the organization manages its impacts related to forced or compulsory labor.
  • Section 2 contains one disclosure, which provides information about the organization’s impacts related to forced or compulsory labor.
  • The Glossary contains defined terms with a specific meaning when used in the GRI Standards. The terms are underlined in the text of the GRI Standards and linked to the definitions.
  • The Biblogrpahy lists authoritative intergovernmental instruments used in developing this Standard.

Background on the topic​

This Standard addresses the topic of forced or compulsory labor.

Not to be subjected to forced or compulsory labor is a fundamental human right. According to International Labour Organization (ILO) Convention 29 ‘Forced Labour Convention’, forced or compulsory labor is defined as ‘all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.'

Forced and compulsory labor affects all world regions, countries, and economic sectors, and includes workers in both formal and informal employment.

Some of the most common forms of forced labor include forced labor in prisons (except for prisoners that have been convicted in a court of law, and whose labor is under the supervision and control of a public authority), human trafficking for the purpose of forced labor, coercion in employment, forced labor linked to exploitative labor contract systems, and debt-induced forced labor, also known as ‘debt-bondage’ or ‘bonded labor’.

The victims are most likely from groups subject to discrimination or performing work on an informal or precarious basis. This can include women and girls forced into prostitution, migrants trapped in debt bondage, and sweatshop or farm workers, among other groups.

Due diligence is expected of an organization in order to prevent and combat all forms of forced or compulsory labor in its activities. It is also expected to avoid contributing to or becoming linked to the use of forced or compulsory labor through its relationships with others (e.g., suppliers, clients).

These concepts are covered in key instruments of the ILO, the Organisation for Economic Co-operation and Development, and the United Nations: see the Bibliography.

1. Topic management disclosures​

An organization reporting in accordance with the GRI Standards is required to report how it manages each of its material topics.

An organization that has determined forced or compulsory labor to be a material topic is required to report how it manages the topic using Disclosure 3-3 in GRI 3: Material Topics 2021 (see clause 1.1 in this section).

This section is therefore designed to supplement – and not replace – Disclosure 3-3 in GRI 3.

REQUIREMENTS​

  • 1.1 The reporting organization shall report how it manages forced or compulsory labor using Disclosure 3-3 in GRI 3: Material Topics 2021.

2. Topic disclosures​

Disclosure 409-1 Operations and suppliers at significant risk for incidents of forced or compulsory labor​

REQUIREMENTS​

The reporting organization shall report the following information:

  • a. Operations and suppliers considered to have significant risk for incidents of forced or compulsory labor either in terms of:
    • i. type of operation (such as manufacturing plant) and supplier;
    • ii. countries or geographic areas with operations and suppliers considered at risk.
  • b. Measures taken by the organization in the reporting period intended to contribute to the elimination of all forms of forced or compulsory labor.

GUIDANCE​

Guidance for Disclosure 409-1

  • The process for identifying operations and suppliers, as specified in Disclosure 409-1, can reflect the reporting organization’s approach to risk assessment on this issue. It can also draw from recognized international data sources, such as the ILO Information and reports on the application of Conventions and Recommendations (see reference [1] in the Bibliography).
  • When reporting the measures taken, the organization can refer to the ILO ‘Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy’ and Organisation for Economic Co-operation and Development (OECD) OECD Guidelines for Multinational Enterprises for further guidance.

Background
Forced or compulsory labor exists globally in a variety of forms. The most extreme examples are slave labor and bonded labor, but debts can also be used as a means of maintaining workers in a state of forced labor. Indicators of forced labor can also include withholding identity papers, requiring compulsory deposits, and compelling workers, under threat of firing, to work extra hours to which they have not previously agreed.

Eliminating forced labor remains an important challenge. Forced labor is not only a serious violation of a fundamental human right, it also perpetuates poverty and is a hindrance to economic and human development.

The presence and effective implementation of policies for eliminating all forms of forced or compulsory labor are a basic expectation of responsible business conduct. Organizations with multinational operations are required by law in some countries to provide information on their efforts to eradicate forced labor in their supply chains.

Bibliography​

This section lists authoritative intergovernmental instruments used in developing this Standard.

Authoritative instruments:

    1. International Labour Organization (ILO), Committee of Experts on the Application of Conventions and Recommendations, Report III - Information and reports on the application of Conventions and Recommendations, updated annually.
    1. International Labour Organization (ILO) Convention 29, ‘Forced Labour Convention’, 1930.
    1. International Labour Organization (ILO) Convention 105, ‘Abolition of Forced Labour Convention’, 1957.
    1. International Labour Organization (ILO), ‘Protocol to Convention 29’, 2014.
    1. International Labour Organization (ILO) Recommendation 203, ‘Forced Labour (Supplementary Measures) Recommendation’, 2014.
    1. International Labour Organization (ILO), ‘Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy’, 2006.
    1. League of Nations Convention, ‘Convention to Suppress the Slave Trade and Slavery’, 1926.
    1. Organisation for Economic Co-operation and Development (OECD), OECD Guidelines for Multinational Enterprises, 2011.
    1. United Nations (UN) Declaration, ‘Universal Declaration of Human Rights’, 1948.
    1. United Nations (UN), ‘Guiding Principles on Business and Human Rights, Implementing the United Nations “Protect, Respect and Remedy” Framework’, 2011.
    1. United Nations (UN), Protect, Respect and Remedy: a Framework for Business and Human Rights, 2008.
    1. United Nations (UN), Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie, 2011.
    1. United Nations (UN) Supplementary Convention, ‘Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery’, 1956.