Barbour’s Supplier Code of Conduct details our commitment to uphold the International Labour Organisation’s eight fundamental conventions for Decent Work throughout our value chain. To strengthen our understanding of Modern Slavery, Barbour refers to the ILO Indicators of Forced Labour (2012), and acknowledges the advancement of these definitions in the United Nations Global Compact’s (UNGC) Ten Principles, Principle 4.
Forced Labour Policy
June 2023
Barbour holds a zero-tolerance approach for human trafficking, slavery or Forced Labour, which the ILO has 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,” in the ILO Forced Labour Convention, 1930 (No. 29). All Business Partners are required to comply with local and international laws referring to human trafficking and modern slavery. Forced Labour risks are complex, often hidden and difficult to identify. Barbour nevertheless strives to advance efforts to understand such risks and will uphold the UN Guiding Principles on Business and Human Rights by addressing adverse impacts and mitigating instances of Forced Labour throughout our Supply Chain tiers, requiring our Business Partners, direct or subcontractors, to uphold Barbour’s Forced Labour Policy.
ILO Forced Labour Indicator 1 – Abuse of Vulnerability
Employers shall not take advantage of any vulnerable worker, to impose pressure to provide involuntary labour or economically compromise the worker, and shall acknowledge and grant protections of vulnerables
Vulnerable Workers - The U.K. Government defines vulnerable workers as those at risk of having their workplace entitlements denied, and who lack the capacity or means to secure them. These could include those unable to represent themselves, or without relevant language or communication skills, or in a compromised financial situation reducing resilience to represent themselves. Vulnerable Workers can include women, new and expectant mothers, Young Workers, older workers, workers with disabilities, migrant workers, gig-economy, agency and temporary workers, homeworkers, lone or isolated workers, or those new to a job developing skills to maintain their income. Vulnerability increases if there are multiple dependencies on the employer, such as pay with provisions of housing and food, or whole family work dependence on a single employer.
ILO Forced Labour Indicator 2 – Deception
Employers shall not use deceptive employment practices, and are required to adopt responsible recruitment protocols, including providing “return home” packages to migrant workers hired. Employers shall deliver on verbally agreed or written terms of employment, which shall be clearly communicated in the native language of workers at the first instance and throughout employment. Terms shall not be revised with negative economic impact nor impacts to freedoms.
ILO Forced Labour Indicator 3 – Restriction of Movement
Workers shall be free to enter employment and free to leave their job or employer, without menace of penalty. Employers shall maintain workers’ personal travel documents and work visas to ensure migrant workers freedom of movement and access to “return home” at any time. Employers shall not restrict workers’ freedom of movement, nor confine in any way, workers within the workplace, including guaranteeing free access to toilets and drinking water stations, nor in provided accommodation, either during or outside working hours.
ILO Forced Labour Indicator 4 – Isolation
Workers isolated at the time of recruitment, within the workplace or without easy access to fair employment advisory services are to be considered vulnerable workers, and shall be afforded additional support relevant to their remote situation or workplace, and monitored appropriately. Workers in informal or unorganised enterprises, at home, or in remote geographies shall be considered vulnerable to Forced Labour.
ILO Forced Labour Indicators 5 and 6 – Physical, sexual, and psychological coercion, intimidation and threats
Barbour does not tolerate abuse, intimidation or threats to workers throughout our value chain. Employers shall arrange Right to Work papers for all employees in the employment destination country, where necessary. Threats to revoke Right To Work with intent to coerce workers are considered an instrument of Forced Labour.
ILO Forced Labour Indicators 7, 8 and 9 – Debt Bondage, Retention of Documents and Withholding of Wages
Barbour upholds the “Employer Pays Principle” (EPP) that any costs of recruitment should be borne not by the worker but by the employer, and acknowledges that this is fundamental to combatting exploitation, or debt bondage at the outset of the recruitment process, forced labour, and trafficking of migrant workers in global supply chains. Barbour requires all employers within its value chain to implement the EPP, and refers to the IHRB Leadership Group for Responsible Recruitment “6 Steps to Responsible Recruitment” guidelines which are based on The Dhaka Principles for Migration with Dignity (or, the “Dhaka Principles”). Private recruitment agencies and labour contracting in sending countries and receiving countries shall be legal entities and monitored by each Business Partner according to the Responsible Recruitment guidelines, with prequalification assessments adopted before the hiring process begins.
Workers’ personal property, and essential identification documents, shall not be involuntarily held by employers as a bond. Migrant workers must be free to leave at any time, with secured safe return-of-passage in their possession.
Employers shall pay wages directly to workers, in full and on time, according to local laws, including for all overtime hours, with documented wages. Wages shall not be systematically and deliberately withheld as a means to compel a worker to remain. There shall be no Deceptive Wage Practices employed, and all social insurances and taxes withheld from pay must be promptly paid to the local authorities to afford all workers equal rights to benefits. No excessive deductions, interest or false or inflated prices shall be charged for essential services or necessities for workers, and coercion into induced indebtedness shall be avoided.
ILO Forced Labour Indicator 10 – Abusive working and living conditions
Fair working conditions and good living conditions shall be assured by the employer (where dormitories are provided by the employer as a necessity due to lack of appropriate private accommodation). Workers shall not be held dependent on the employer via deprivation of food, shelter or other necessities.
ILO Forced Labour Indicator 11 – Excessive and Forced Overtime
Employers shall adopt Opt-In overtime protocols and shall demonstrate voluntary nature of overtime. Maximum regular hours shall be compensated at least to minimum hourly and monthly rates: overtime hours shall not be included in minimum wage calculations.
Prison Labour (involuntary or voluntary) and state-sponsored Forced Labour – including labour forcibly relocated under state-sponsored “labour transfer programmes”, or work as punishment for personal ideology or political expression – shall not be used in the production of Barbour goods or in any value chain operation.
Subcontracting and upstream Tiers Business Partners – enterprises in high risk geographies and/or processes in the Tiers shall comply with the Barbour Supplier Code and Forced Labour Policy.
Best Practice Guidance:
International Labour Organisation’s eight fundamental conventions for Decent Work
The U.K. Government Health & Safety Executive’s “Vulnerable Worker Guidance”;
International Labour Organisation (ILO) Indicators of Forced Labour (2012);
The United Nations Global Compact (UNGC) UNGP Guiding Principle 4: the elimination of all forms of forced and compulsory labour.
The Institute for Human Rights and Business Dhaka Principles for Migration with Dignity.
Fair Labor Association & AAFA Commitment to Responsible Recruitment Resource List (2019)
CSG and AIM-Progress’ Guidance on the Repayment of Worker-paid Recruitment Fees and Related Costs (0ct 2022)