Remedies and Acc ccountability of the Private Sect ctor Klara - PowerPoint PPT Presentation

Remedies and Acc ccountability of the Private Sect ctor Klara Skrivankova – Independent Business and Human Rights Specialist Brussels, May 29 2019

Business and huma Bu man ri rights regulation on tim timelin eline UK CSO • campaign France UK Modern • EU Shadow Corporate • Slavery Act Action Plan Duty of 2 EU Council • 0 1 9 Vigilance Law Resolution on 2 0 Business 1 7 and Human Rights 2015 2020+ UN Guiding Principles on Swiss • 2 0 1 Business and 8 referendu Human Rights 2 m on 0 Australia • 1 2011 6 Corporate Modern Responsibi 2014 Slavery Act EU Conflict lity Initiatives in: • Minerals EU Non- • Initiative Luxembourg, Regulations financial EU • Norway, reporting legislation Sweden, directive on Finland California US Trade • mandatory Transparency Facilitation human 2 0 in Supply 1 0 and Trade rights due Chains Act Enforcement diligence Act

Finnis Finnish h Multi ulti-St Stakehol older Ca r Camp mpaign – inclu in ludes es maj ajor Fin Finnis ish busin ines esses es

Ot Other Companies s Supporting g Regu gulation “ Companies will support EU law on human rights due diligence, but want assurances that it will not expose them to increased risk of lawsuits ” Virginie Mahin, global Supported Australia Modern social sustainability & human rights Slavery Act lead, Mondelez International Supported Dutch Child Labour Law

2019: ME 2019: MEPs f for R or Respon onsible Bu Business Con Conduct ct

Comp Company liability for or treatme ment of of work orkers: “the “the chi hicken en catcher hers’ case” e” Galdikas & Ors v DJ Houghton Catching Services Ltd & Ors [2016] EWHC 1376 (QB) (10 June 2016) The judge found that: • Workers were not paid according to minimum wage requirements for agricultural workers. • Houghton Defendants paid the men for the number of chickens caught on farms, rather than paying for time worked at minimum rates including night rates and for time spent travelling. • The Houghton Defendants have charged prohibited fees, unlawfully withheld wages, and failed to ensure the workers had adequate facilities to wash, rest, eat and drink.

Comp Company liability for or treatme ment of of work orkers: “the “the chi hicken en catcher hers’ case” e” • Antuzis & ors v DJ Houghton 2019 EWHC 843 QB 8.4.19 • Mr Justice Lane said: “I am in no doubt whatsoever, having heard the evidence, that both of them [Darrell Houghton and Jackie Judge] “actually realised” that what they were doing involved causing [DJ Houghton Catching Services Ltd] to breach its contractual obligations towards the claimants. What they did was the means to an end. There is no iota of credible evidence that either defendants possessed an honest belief that what they were doing would not involve such a breach.”

Who Who is s respo sponsi nsibl ble for remedi dies? s? Where the business has caused or contributed to violation – active engagement in remediation is expected (including in collaboration with others) Where the business is linked to violations, it may be expected to take a role.

Re Remediation for workers Internal – within the company: • What system of formal worker dialogue is available? • Grievance mechanisms: Who can a worker report grievances to? How are they logged and where do they go? • Whistle-blowing – incentives, systems – how robust? • Assessing your leverage to take action – identifying who to collaborate and engage with • Assessing impact on action for workers – how to ensure they are protected from further victimisation, punishment and retaliation • Compensation to workers (e.g. for fees paid, loss of wages, pain and suffering) 9

Re Remediation for workers Externa l: • Identifying worker representatives – trade union or others to represent workers’ interests • When to alert local authorities or police? How to ensure you do not compromise their investigation and ability to prosecute ? What if they can’t or won’t respond? What’s the risk to the worker if authorities are alerted? • Identifying NGOs, other worker or migrant representative bodies able to provide support for victims, protection and services 10

Ty Types of remedies PREVENTION MATERIAL NON-MATERIAL P r e v e n t i o n f Reimburseme u o t f u r e An apology o c c u r F nt of lost r i e n n a c n ( e c i i m a p l earnings c r o o m v e p m e o n f e n s s a y t t s t i e o m n s ) P r R o e v - i s i o n t o r f e i n a s t t m a t e e n m t c , e o o n u f t n w s o e l r l k i e n r g / p r o v i s i o n o a f l t e r n a t i v e e m p l o y m e n t

Gr Grie ievan ance ce mech chan anis ism cr crit iteria ia 1. Legitimate Mechanism is fair (applies to all categories of workers) and trustworthy (workers have confidence in using it) 2. Accessible It is known to all those who it is intended for (ensure that barriers to access are removed – e.g. ensure language assistance for migrant workers) 3. Predictable It is clear what the process is, what the possible outcomes are and how long it will take 4. Equitable All parties have reasonable access to necessary information, advice and expertise 5. Transparent Keep complainants informed about progress and provide sufficient information about the mechanism performance to build confidence in the process 6. Rights compatible Ensure that remedies and outcomes are compatible with international human rights law 8. Dialogue and engagement Engage with the groups that the mechanism is intended for.

Ty Types of grievance mechanisms include: • Mechanism where workers lodge grievances and these are addressed through defined procedures; • Complaints through committees constituted between workers and management or through a trade union • Complaint boxes; hotlines; apps

Grievance receive and register Acknowledge Examples of a Assess grievance process: 7 principles approach Investigate Remediation Resolve successfully Appeal Follow-up and close out

Expe Expectations ns regardi ding ng gr grievanc nce pr procedur dures • Partners expect suppliers to put in place grievance procedures accessible for all workers, report on the numbers and types of complaints and outcomes • Good practice: partners working with suppliers to build capacity for handling worker complaints and develop grievance procedures focused on the rights of workers M&S Global Sourcing principles: • Workplace grievances: Suppliers must provide a grievance mechanism for workers (and their organisations, where they exist) to raise workplace concerns. This grievance mechanism must involve an appropriate level of management and address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned, without any retribution. The mechanism must also allow for anonymous complaints to be raised and addressed. The existence and scope of this mechanism must be clearly communicated to all workers and their representatives, and all workers must have equal access.” ACESS Facility – grievance mechanism database:

Br Brand-led led grie ievan ance e mec echan anis ism

TH THANK K YOU OU klara.skrivankova@goal8.co.uk