The Model Policies are not intended to be an off-the-shelf or one-size-fits-all product. Instead, they offer useful guidance and commentary, and they identify optional considerations that a business enterprise should take into account when developing its own tailored policies. These options range from adopting only the most general business and supplier policies based on the Model Principles (see Part II), to modifying existing policies in order to be consistent with the Model Principles and the related Commentary and Guidance (see Parts III and IV), to taking a more comprehensive approach that implements a detailed set of fine-tuned business and supplier policies in a manner consistent with the materials here. Additional options (including annotated model policies) can be found in the Database of Resources. In any case, the business enterprise is encouraged to use the Model Policies to fashion a corporate policy or code that fits its operating environment. Whether the Business or Suppliert is creating a new company policy or revising an old one, it should adapt these materials based on its particular facts and circumstances.
The Model Policies consist of six parts:
- Part I: Introduction
- Part II: Model Principles
- Part III: Model Business Policy
- Part IV: Model Supplier Policy
- Part V: Model Glossary
- Part VI: Endnotes
These are intended to assist business enterprises and suppliers that do not currently have policies relating to Labor Trafficking and Child Labor, as well as businesses and suppliers that wish to consider possible modification of existing policies to reflect evolving practices.
The introduction is primarily provides a background and overview, with an acknowledgement that the Model Policies adopt a risk-based approach in which a Business’s policy is efficiently tailored to target the areas where it faces the greatest risk of human trafficking. Businesses that implement a form of these Model Policies should identify general areas where that risk is more significant so they can prioritize those areas for greater due diligence, monitoring, verification or other appropriate action.
Part II--Model Principles
The Model Principles are the core of the Model Policies. They are a Business’s high level articulation of its commitment to address Labor Trafficking and Child Labor. They are also are the only portion of the Model Policies that were adopted by the ABA as its official Policy. There are four Model Principles for Businesses and four Model Principles for Suppliers, and at this level they are the same for each:
Principle 1—The Business/Supplier will Prohibit Labor Trafficking and Child Labor in its Operations.
Principle 2—The Business/Supplier will Conduct a Risk Assessment of the Risk of Labor Trafficking and Child Labor and Continually Monitor Implementation of this Policy.
Principle 3—The Business/Supplier should: (i) Train Relevant Employees, (ii) Engage in Continuous Improvement, and (iii) Maintain Effective Communications Mechanisms with its Suppliers.
Principle 4—The Business/Supplier will Devise a Remediation Policy and Plan that Addresses Remediation for Labor Trafficking or Child Labor in its Operation
As explained under ABA House of Delegates Approval Materials, the ABA House of Delegates also passed a second resolution urging businesses to adopt policies that are consistent with the Model Principles.
Part III—Model Business Policies
These Model Policies apply to a “Business,” rather than to the business’s “Suppliers.” The Policies define the terms “Business” and “Supplier.” The Model Business Policies consist of two main parts:
The Principles—There are four Model Business Policies, each of which relate to one of the Principles above. Each Model Policy starts with a statement of the applicable Principle.
Commentary and Guidance—Each Model Policy then contains a section with recommended considerations about the kinds of provisions that a business could include in its internal policy or code of conduct. Again, we use the word recommendation to remind readers that these are voluntary, not prescriptive. A business can modify any or all of the provisions to suit its environment.
Part IV – Model Supplier Policies
These Model Policies apply to a Supplier, rather than the “Business.” They consist of the same two sections (namely, the Principles, plus Commentary and Guidance). However, certain provisions differ from the Model Business Policies, as appropriate.
Part V – Model Glossary
The Model Glossary defines a number of terms in the Model Policies, such as “Business,” “Supplier,” “Labor Trafficking,” “Child Labor,” and “Risk Assessment.” Although the Glossary terms can illuminate the Model Principles, they do not represent official ABA Policy. The Glossary is particularly useful for a business that directly adapts the Model Policies, although it can be helpful for any business considering policies in this area. Notwithstanding, a Business’s definitions should reflect its own business needs. For example, a Business might use the Principles as a guide to develop its policy but adopt the definition of Labor Trafficking used in the laws of the jurisdictions where it does business, rather than the Model Glossary’s defined term.
Part VI – Endnotes
The endnotes relate to certain language in the Model Policies. In some cases they provide additional detail concerning definitions (e.g., note 12 for Child Labor and note 13 for Labor Trafficking).
Database of Resources — This portion of this website holds a wide range of resources for to consult when fashioning policies. They include original Model Policy documents; ABA House of Delegates Approval Materials; Annotated Model Policies; Law and Policy Updates; references to other websites and scholarly works; training materials; sample company policies; publicly available materials; and the Fortune 100 Report on Trafficking. These materials will be updated so that business enterprises will have a current, comprehensive resource to assist them in developing and implementing their own polices on Labor Trafficking and Child Labor.