Does the facility have a program and materials used to train relevant individuals, including all individuals responsible for the hiring process, on the facility’s policies and procedures prohibiting forced, prison, indentured, bonded, or trafficked labor?
Are all workers working at the facility voluntarily, including overtime hours?
Is there evidence indicating that the facility forces any person (all onsite workers, including contracted ones) to work under the threat of any penalty or sanction?
If production quotas are applicable, are workers required to reach a production target before ending the work shift?
Are there any indications that workers’ movements are being restricted at any time, including, but not limited to, legal breaks, lunch breaks, and the use of the toilet?
Are there exaggerated security measures or logistics restricting freedom of movement in use at the facility?
Are there exaggerated security measures or logistics restricting freedom of movement in the dorms/apartments?
Were there any overt signs of fear or exaggerated obedience displayed by workers during the facility inspection?
Do security personnel and management act in a non-threatening manner?
Are security guards posted for routine security reasons, in a proportionately logical number?
Are all security service agreements free of any language or terminology that may imply the existence of involuntary, forced, prison, indentured, bonded, or trafficked labor conditions?
Do job descriptions or individual contracts for security workers limit their tasks to routine security matters such as protection of facility property or facility personnel?
Are the doors and gates of the facility locked only after business hours and for housing security reasons and in compliance with applicable fire codes?
Does the facility prohibit all relevant individuals, including any person under the facility’s direction (such as security guards), from coercing workers in any way, or unnecessarily limiting workers’ freedom of movements?
Are workers’ freedom of movement unimpeded upon their shift’s conclusion?
Is it mandatory for workers to use facilities provided services, such as canteen, dorms, or transportation? If yes, provide details assessing any fees associated with that, including how such fees are deducted.
Does the facility require all hiring documents (e.g., an employment application or contract) to: a. Include a statement affirming that applicants are seeking employment voluntarily and are not under threat of any penalty, coercion or debt security? b. Be signed by each applicant? c. Be maintained in the worker’s personnel file?
Does the facility obtain proof that anyone seeking employment is legally entitled to work in the country of manufacture in accordance with national immigration laws?
Does the facility issue wages/ compensation directly to workers, or in an unambiguous system that clearly shows that the worker controls the destination of his/her wages and access to his/her wages?
Does the facility provide pay advances or loans to workers? If yes, is there a written policy about the terms and conditions in place? Is the policy communicated clearly to workers? The terms and conditions shall not be used to bind workers to employment. Is there evidence that the facility is doing so?
Does the facility hold original identification papers, travel documents, passports or other valuable personal items of their workers?
Does the facility require any worker deposits or have any payment withholding/ deduction practices, either directly or on behalf of labor brokers/agents? If yes, provide explanations on what these deposits or withholdings/deductions are for.
Does the facility conduct adequate due diligence on labor brokers/agents used by the facility?
Does the facility obtain an executed statement from all labor brokers/ agents used by the facility stating that the brokers/agents are not supplying labor that is involuntary, forced, prison, indentured, bonded, or trafficked?
Is the facility’s hiring process, in part or in whole, managed by a 3rd party?
Are any of the workers recruited from vocational training centers?
Were the basic terms of employment communicated to the migrant workers before they left their home country?
Are migrant workers’ activities monitored by a person besides their facility supervisor?
Do migrant workers (whether domestic or foreign) pay fees or give collateral to brokers/agents/local government in the receiving country? If yes, describe the kinds of fees or collateral involved and how they are processed.
Does the facility have a plan to reimburse the fees directly to the affected workers? If yes, how is the reimbursement distributed over the period of the plan? The reimbursement schedule must be over a reasonable period of time, not exceeding 3 years.
Does the facility have detailed records demonstrating the fees have been reimbursed to the affected workers according to the plan?
Do workers understand the terms of their employment?
Are all work contracts in the language(s) understood by workers and signed by both parties (employer and workers)?
Do contract provisions meet legal requirements and include all necessary information in a transparent and accurate manner?
Are copies of contracts provided to workers and kept in personnel files?
Is there evidence that the facility has a practice of replacing or changing original contract terms to terms less favorable for the worker without the worker’s knowledge and/or consent (i.e., contract substitution and supplemental agreements)?
