A/HRC/35/37
by businesses, as well as measures relating to procurement practices, and guarantee
the implementation of such legislation;
(b)
Establish sanction mechanisms for companies that fail to fulfil their
obligations, and equip law enforcement agencies with the resources necessary to
follow up on reports of lack of compliance;
(c)
Make publicly available the lists of companies that are subject to
legislation on transparency;
(d)
Develop and release guidance materials prior to the entry into force of
the legislation to support companies in understanding the requirements;
(e)
Enhance legislation on transparency, which should require companies to
disclose actual measures adopted to tackle trafficking in persons in their operations
and supply chains. Such measures should address at the minimum certain areas of
concern, such as recruitment practices, methodology used in monitoring compliance
with the company policy, use of alternative sources of information to supplement
audit information, the quality of the grievance mechanism, and coordination with
relevant stakeholders, including trade unions and civil society representatives;
(f)
Encourage knowledge-sharing activities with multi-stakeholder
initiatives through, inter alia, the establishment of platforms for the exchange of
experiences, lessons learned and good practices on voluntary standards that can help
in strengthening national and local strategies to enforce and monitor labour
standards.
3.
Regulation of labour recruiters
99.
States should protect workers against human rights abuses perpetrated in the
recruitment process by employers, labour recruiters and other enterprises. This
requires that States take appropriate steps, through effective policies, legislation,
regulations and adjudication, to prevent and investigate such abuses, to punish those
responsible and to provide redress, and that they exercise and mandate due diligence
to ensure that human rights are respected.
100. States should adopt, review and, where necessary, strengthen national laws and
regulations and consider establishing, regularly reviewing and evaluating national fair
recruitment commitments and policies, with the participation of employers’ and
workers’ organizations.
101. States should ensure that relevant legislation and regulations cover all aspects
and stages of the recruitment process, and that they apply to all workers, especially
those in a vulnerable situation, and for all types of jobs.
102. States should ensure compliance across the recruitment industry with the
relevant laws and regulations. Such measures should include public registration,
licensing or other regulatory systems. The systems should be effective and transparent
and should allow workers and other interested parties to verify the legitimacy of
recruitment agencies and placement offers.
103. States should ensure that there is an effective and sufficiently resourced labour
inspectorate, and that its staff is empowered and trained to investigate and intervene
at all stages of the recruitment process and employment for all workers and all
enterprises, and to monitor and evaluate the operations of all labour recruiters.
104. States should ensure that legislation covering recruitment activities clearly
prohibits the charging of recruitment fees and related costs to workers and
jobseekers.
105. States should ensure that employment contracts are clear and transparent and
are respected, and should require and ensure that written contracts of employment
are provided to workers specifying the job to be performed and the terms and
conditions of employment, including those derived from collective agreements. The
contract, or an authoritative copy, should be in the language of the worker or in a
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