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Forced Labour in Supply Chains: The Hidden Risk That Can Block an Entire Export Shipment

Forced labour and child labour are the most serious human rights risks in supply chains. Major markets already have tools to block the goods concerned. The ILO's 11 indicators and how Vietnamese suppliers can manage the risk themselves.

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VietESG Editorial Team
·2 min read
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Forced Labour in Supply Chains: The Hidden Risk That Can Block an Entire Export Shipment
Contents

Under International Labour Organization (ILO) Convention No. 29, forced labour is all work or service exacted under the menace of a penalty and which the worker has not offered voluntarily. It is a serious human rights risk that international customers prioritise controlling in their supply chains.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠

Key takeaways

  • The ILO sets out 11 indicators of forced labour, of which retention of identity documents, debt bondage and withholding of wages are common signs.
  • The United States can block imports of goods linked to forced labour; the EU has adopted a regulation prohibiting products made with forced labour on the EU market.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠
  • The risk is often found at tier 2 and tier 3 suppliers and among workers hired through recruitment intermediaries.

The ILO's 11 indicators of forced labour

  1. Abuse of vulnerability.
  2. Deception.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠
  3. Restriction of movement.
  4. Isolation.
  5. Physical and sexual violence.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠
  6. Intimidation and threats.
  7. Retention of identity documents.
  8. Withholding of wages.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠
  9. Debt bondage.
  10. Abusive working and living conditions.
  11. Excessive overtime.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠

Why does this risk affect exports?

Importers must prove that goods are not linked to forced labour to avoid having them detained. They therefore require suppliers to be transparent about their raw material chains and recruitment processes. This is a central part of supply chain due diligence.

Preventive measures for businesses

  • Responsible recruitment: workers do not pay recruitment fees; intermediaries are controlled.
  • Never retain identity documents; pay wages in full and on time via bank accounts.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠
  • Control overtime within the limits of the Labour Code 2019.
  • Verify age at recruitment to prevent child labour.
  • Map the supply chain back to the raw material source for high-risk goods.⁠‌‌​​‌‌‌‌​​​​​​​​​​‌‌​‌‌​​​​‌‌‌‌​⁠
  • A grievance channel that is anonymous and multilingual for workers.

A single ID card held back in the HR office can be the reason an entire shipment is rejected.

Frequently asked questions

Is it a violation to keep workers' identity documents?

Yes. The Labour Code 2019 strictly prohibits employers from keeping the originals of workers' identity documents, diplomas and certificates.

How far is a business responsible for its tier 2 suppliers?

Under due diligence standards, businesses need to identify risks in their value chain and influence suppliers in proportion to their leverage, prioritising high-risk areas.

Is overtime forced labour?

Overtime within legal limits and on a voluntary basis is not; excessive overtime, or overtime forced under threat, is an indicator of forced labour.

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