Labor Dispatch and Student Workers

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1 Labor Dispatch and Student Workers
Knowing the Risks Wenjuan Yao Verité China Office June.18th, 2014 © 2009 Verité – NOT FOR DISTRIBUTION

2 Topics to Discuss Labor Dispatch in ICT Factories and common Issues Identified Student Workers in ICT Factories and common Issues Identified Risks of forced labor, human trafficking and management strategies © 2009 Verité – NOT FOR DISTRIBUTION

3 1. Labor Dispatch in ICT Factories and Common Issues Identified

4 Audit Data Of 91 ICT factories audited:
39 used dispatched workers , which is 43% of total factories audited. On average, dispatched workers constituted 48% of the total workforce in the factories hiring them. 最高是100%， 最低是3%左右。 4 © 2009 Verité – NOT FOR DISTRIBUTION

5 Guangdong Jiangsu Shanghai Zhijiang Sichuan 45 26 7 5 4 8 18 1 HK owned JV Domestic Taiwanese Foreign 6 5 15 31 34 1 3 2 12

6 Some Common Issues 100%。Number of dispatched workers beyond legal limits. No monitoring system for labor agencies, and did not conduct audit in labor agencies. Did not communicate EICC or client requirements to labor agencies. Using unqualified labor agencies. Factories can’t provide pay records of dispatched workers. The term of employment agreements signed between workers are labor agencies are less than two years. Dispatched workers were not provided with social insurance. 使用不合资质的劳务派遣企业指：有的工厂自己负责招募，之后交给劳务派遣公司签合同，而所用的劳务公司或者注册资金不够，或者就是一个空壳　（有个体劳务代理人，也叫工头，借用一个中介的公章就可以与工厂签合同）。　 6 © 2009 Verité – NOT FOR DISTRIBUTION

7 2. Student Workers in ICT Factories and Common Issues Identified
© 2009 Verité – NOT FOR DISTRIBUTION

8 Audit Data Of 91 factories audited：
24 used student workers, which is approximately 26% of the factories audited. On average, student workers constitute approximately 9.4% of the total workforce in the facilities hiring them. 最低约2%, 最高约28%。 © 2009 Verité – NOT FOR DISTRIBUTION

9 Guangdong Jiangsu Shanghai Zhejiang Sichuan 45 26 7 5 4 6 2 1 HK JV China Taiwan Foreign 6 5 15 31 34 1 3 9 4

10 Some Common Issues Identified
Hiring of student workers through labor agencies Did not have monitoring system for collaborating vocational schools; did not conduct audit in the schools Did not sign tripartite agreement with schools and student workers 　 Did not have management policies and procedures for using of student workers 　 Did not purchase accident insurance for student workers 　　 Working time of student workers exceeded regulatory limit 　 Intern term of student workers exceeded regulatory limit 　 没有与实习生与学校签订协议包括没有与学校或者没有与学生签订协议。　 © 2009 Verité – NOT FOR DISTRIBUTION

11 3. Risks of forced labor, human trafficking and management strategies
© 2009 Verité – NOT FOR DISTRIBUTION

12 Discussion of Risks Definition of Forced Labor
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.—ILO,The Forced Labour Convention(No. 29), 1930 Forced labour of girls and boys under 18 years old is one of the worst forms of child labour as defined by ILO. --- The Worst Forms of Child Labour Convention(No. 182), 1999 the measures referred to in this Protocol shall include specific action against trafficking in persons for the purposes of forced or compulsory labour the Protocol of 2014 to the Forced Labour Convention, 1930 这个定义有两个最基本要素：一是以惩罚相威胁，一是非自愿进行的劳动和服务。　 以惩罚相威胁并不一定需要采取刑事制裁的方式，但可能会采取损害某些权利或者特殊待遇的形式，而且可能是多种形式。　从最极端的对人身的侵犯和制约到心理威胁。比如威胁向警察或移民当局告发就业者的非法身份；或者威胁向相关人员告发卖淫的女孩。其他惩罚包括同债务挂钩的经济惩罚，或者扣押以及没收工人的身份证件等。　 关于自愿的问题是：　包括同意的形式和主题，外部制约作用或者间接胁迫的作用以及自由地撤回已给与的同意的可能。也就是说，如果当初的同意是受到了欺诈或者欺骗而给予，之后又由于法律、身体或者心里上的胁迫而无法撤回时，当初给予的同意对于断定强迫与否就无关紧要了。　断定强迫与否与该工作在当地是否合法也不必然相关。比如一个妇女被迫卖淫是强迫劳动，因为是非自愿的，而与卖淫非法与否无关；自愿性与该活动是否具有经济性质也无必然关系，比如一个处于胁迫之下的乞丐会被视做是强迫劳动。 童工劳动不仅包括儿童在第三方的威胁下进行的被迫工作，而且包括整个家庭的强迫。　　

13 Definition of Human Trafficking
(a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

14 人口贩运定义（续）　 Definition of Human Trafficking　（Continued) (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used. (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article. (d) “Child” shall mean any person under eighteen years of age. Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000 © 2009 Verité – NOT FOR DISTRIBUTION

15 Two High Risk Areas： Using of child labor through labor agencies, risk of involving human trafficking. Force student workers to participate in the internship jobs irrelevant to their field of study through abusive using power of local authorities, academic credentials or tuitions. 15 © 2009 Verité – NOT FOR DISTRIBUTION

16 管理对策 Management Strategies
ILO 2014 the Forced Labour (Supplementary Measures) Recommendation, 2014 Members should take measures to eliminate abuses and fraudulent practices by labour recruiters and employment agencies, such as: (a) eliminating the charging of recruitment fees to workers; (b) requiring transparent contracts that clearly explain terms of employment and conditions of work; (c) establishing adequate and accessible complaint mechanisms; (d) imposing adequate penalties; and (e) regulating or licensing these services

17 Management Strategies
Increase Awareness To avoid policy makers losing the greater and implementers’ ignorance Improve Management EICC management system approach Intention and implantation Striving for Effectiveness Performance indicators and measuring