3.5. Recruitment Firms/ Agency/ Sub-Contractors
Standard: Ensure third-party agencies, recruitment firms, labor brokers and subcontractors also comply
with legal employment practices, and guidelines in the migrant and involuntary labor section of this
document. All standards also apply to temporary workers as well as regular workers.
Expectation: If using outsourcing recruitment, hiring, or management of migrant workers to a labor
broker, a pre-selection review should be conducted in both the sending and receiving countries (or
regions) to prioritize and select labor brokers that are able to demonstrate they:
• Operate in compliance with the law.
• Identify, screen out, and manage risks of forced labor in their business processes.
Work with other stakeholders such as governments, non-profit organizations, or labor unions to support
the development of a robust system of regulation and enforcement of broker activity. Seek to support
voluntary accreditation programs, where such programs set standards for labor brokers that encourage
them to adopt good practice.
• No direct or indirect fee or cost is charged to workers for their recruitment, unless legally
allowed and is within legal limit. If the employment agency is located in another region/ country,
the worker’s compensation and work conditions must be consistent with signed contracts and in
line with your local law criteria as well as sending country criteria, and in a language understood
by the worker(s).
• Confirm employment, labor broker and/or recruiting agency(s) are operating under a valid
business license/ permit according to local law (including labor broker/ employment agency
operating in sending country).
• Has a signed agreement with the employment agency/ labor broker, with clearly identified
performance criteria in the contract with the labor broker, in a language understood by worker(s).
• Management Systems are in place to ensure compliance to standard.
3.6. Involuntary Labor
Standard: McKey's values the freedom of all human beings to accept or leave a job voluntarily.
Involuntary prison, forced, bonded, or indentured labor, as well as human trafficking and slavery, are
strictly and explicitly prohibited.
Expectation: Ensure hiring practices, as well as those of any labor or recruitment agency, provide
people employment under voluntary conditions. Practices in the workplace allow reasonable freedom of
movement.
• No one is locked in or guarded.
• No one is indebted to the facility or recruitment agency in a manner that prohibits them from freely
leaving their employment.
• Allowed to leave their employment at any time, without being penalized financially and
without potential loss of residency.
• Do not feel threatened or afraid that something bad will happen to them or their families if they
leave their job.
• Free to leave the workplace at the end of the working shift.
• Have the option to retain their personal identification documentation.