OIM - Operational Guidelines for Businesses on Remediation of Migrant Worker Greivances

PRACTICAL

GUIDANCE

FOR EFFECTIVE

REMEDIATION

PROGRAMMES

AND POLICIES OPERATIONAL GUIDELINES FOR BUSINESSES ON REMEDIATION OF MIGRANT WORKER GRIEVANCESThe opinions expressed in this guide are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the book do not imply the expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. These guidelines were produced using generous contributions from the Swiss Agency for Development and Cooperation and the US Bureau of Population, Refugees and Migration. IOM gratefully acknowledges partnership of The Remedy Project in developing this resource and Ergon Associates for support in the development of the tools, and thanks to Sarah McGregor, Mattias Carlson and Diana Mrowka for efforts on conceptualizing and inputting into the resource.

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Cover photo: Migrant workers picking strawberries. California, United States of America. © AdobeStock 2023

Required citation: International Organization for Migration (IOM) (2025). Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies.

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PUB2025/049/RPRACTICAL

GUIDANCE

FOR EFFECTIVE

REMEDIATION

PROGRAMMES

AND POLICIES

OPERATIONAL GUIDELINES FOR BUSINESSES ON REMEDIATION OF MIGRANT WORKER GRIEVANCESi Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies USER PREFACE This resource package provides practical guidance to businesses on the remediation of migrant worker grievances. It has been developed by the International Organization for Migration (IOM) and is aligned with international human rights and labour law standards and frameworks on international migration. This resource package is divided into two parts for ease of reference. Users of this package can utilize both documents when focusing on specific pieces of the remediation process. This document is the Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances. It outlines the operational and practical steps that companies can take in the development of remediation programmes and related policies. The companion resource, the Handbook for Businesses on Remediation of Migrant Worker Grievances , outlines the theoretical underpinnings and technical aspects of the guidance offered by this resource package. Handbook for Business on Remediation of Migrant Worker Grievances provides

companion resource, the Handbook for Businesses on Remediation of Migrant Worker Grievances , outlines the theoretical underpinnings and technical aspects of the guidance offered by this resource package. Handbook for Business on Remediation of Migrant Worker Grievances provides an overview on: • What is a remediation programme • Purpose of remediation programmes • Key principles of remediation programmes • Ecosystem of remedy • Operational-level grievance mechanisms • Stakeholder engagement in grievance mechanisms • Treatment of vulnerable groups in grievance mechanisms. Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances lays out: • T ools and templates for the implementation of the guidance. • Step-by-step guidance for developing effective remediation programmes • Key policies for effective remediation programmes. USER PREFACE AND PREFACEii Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies PREFACE The Handbook for Businesses on Remediation of Migrant Worker Grievances (the Handbook) and the Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances (the Guidelines) have been created to support companies and industry groups develop voluntary programmes to remediate migrant worker grievances, especially with regard to addressing and mitigating the human rights issues faced by migrant workers in international supply chains. Given the number of stakeholders involved in any particular industry or region, the Handbook and the Guidelines are also relevant to the work of other interested stakeholders, including international organizations and civil society actors, including non-governmental organizations (NGOs), community-based organizations (CBOs), trade unions, civil society organizations (CSOs), worker groups and other third parties. Remediation programmes seek to strengthen a company’s or industry’s commitment to human rights by engaging proactively with workers to identify, manage and resolve their grievances, and to provide feedback on existing company processes, such as compliance, due diligence, risk management

worker groups and other third parties. Remediation programmes seek to strengthen a company’s or industry’s commitment to human rights by engaging proactively with workers to identify, manage and resolve their grievances, and to provide feedback on existing company processes, such as compliance, due diligence, risk management and environmental, social and governance (ESG) policies. These programmes include, but are not limited to, formal grievance mechanisms. The recommendations provided in the Handbook and the Guidelines are grounded in industry and international best practices for the respect and advancement of human rights, including the United Nations Guiding Principles on Business and Human Rights (UNGPs). According to the UNGPs, all businesses have a responsibility to respect human rights and advance the human rights of their workers by establishing or participating in remediation programmes that both enhance access to remedy and offer effective remedies for affected workers. Remediation, or the process of providing remedy, has two distinct components: backward-looking accountability for harm caused; and forwardlooking prevention of any recurrence of adverse impacts. The backward-looking component focuses on the traditional concept of remedy, which is rooted in providing restitution to individuals who have been harmed by businesses’ activities, with the aim of returning them to the state or situation they would have been in had the impact not occurred. It also includes compensation or other forms of remedy aimed at addressing the harm caused. Additionally, remediation programmes contribute significantly towards forward-looking goals: the prevention and non-repetition of adverse impacts by facilitating the modification and development of company policies and practices that resulted in the harm. This in turn can be a significant cost-saving measure for businesses, and aids in further improving their monitoring and evaluation processes. Using remediation programmes to gather data in this regard acts as an early warning system for identifying risks, allowing a company to adapt its systems of risk management, corporate policies, due diligence and compliance programming to better address the realities faced by workers on the ground and to prevent future harms from arising. USER PREFACE AND PREFACEiii Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies In their most effective form, remediation programmes are grounded in worker-centred frameworks that allow companies, civil society and

to prevent future harms from arising. USER PREFACE AND PREFACEiii Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies In their most effective form, remediation programmes are grounded in worker-centred frameworks that allow companies, civil society and industry groups to interact with workers directly to understand their human rights issues, systematically investigate their root causes, provide an appropriate resolution that remedies any harm suffered, and develop prevention strategies such as the alteration of adverse company policies. Provision of remedy by private-sector actors is crucial, as they play a complementary role to State-based mechanisms in advancing access to remedy for human rights harm. The potential benefits of an effective remediation programme are far reaching:

1 ILO, General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs (Geneva, ILO, 2019). 2 Center for Strategic and International Studies, “Forced labour around the world”, interview transcript (20 September 2022); see especially comments by Michaelle De Cock. See also Walk Free, The Global Slavery Index 2023 (Minderoo Foundation, 2023). For workers , an effective remediation programme provides for the realization of human rights and the redress of grievances, enhanced awareness of worker rights, an accountable and transparent system for raising concerns, equal access to fair resolutions and improved employment conditions. For companies , it provides for the detection of human rights issues, better mitigation of risks, prevention of future harm, improved labour relations, talent retention, more inclusive supply chains and enhanced brand reputation and legal compliance. For industries , it provides improved industry standards and increased performance towards meeting such standards, reductions in the systemic causes of exploitation (such as recruitment fees and costs)1 and better retention of employee populations.

The Handbook and the Guidelines also recognize that effective remediation programmes are not just about compliance; they promote and foster responsible business conduct. In view of the evolving landscape of human rights due diligence (HRDD) regulations and public pressure regarding compliance with human rights standards, they are critical in helping companies to meet their human rights obligations. Such

The Handbook and the Guidelines also recognize that effective remediation programmes are not just about compliance; they promote and foster responsible business conduct. In view of the evolving landscape of human rights due diligence (HRDD) regulations and public pressure regarding compliance with human rights standards, they are critical in helping companies to meet their human rights obligations. Such programmes are particularly vital for industries with high populations of migrant workers, who are disproportionately at risk of exploitation. Migrant workers are disproportionately affected by forced labour, being three times more likely than non-migrant workers to be in such situations, highlighting the urgent need for proactive remediation strategies.2 USER PREFACE AND PREFACEUser preface –––––––––––––––––––– i Preface ––––––––––––––––––––––––––ii Definitions –––––––––––––––––––––––v List of acronyms –––––––––––––––––vii Introduction –––––––––––––––––––– 1 Purpose of the resources ––––––––– 3 Operational guidance for migrant worker remediation programmes ––– 5 Introductory guidance for remediation and migrant worker engagement in grievance mechanisms –––––––––––6 Establishing key practices for building a comprehensive grievance and remediation system ––––––––––15 Step 1. Submitting and receiving the grievance ––––––––––––––––––––15 Step 2. Verifying the grievance ––––––23 Step 3. Investigating the grievance and determining response ––––––––––28 Step 4. Redressing the grievance –––––34 Step 5. Implementing and monitoring the remediation ––––––––––––––––––37 Step 6. Closing the case –––––––––––40 Step 7. Incorporating feedback and evaluating results –––––––––––––41 Key policies for effective remediation programmes –––––––– 44 Grievance policy –––––––––––––––––45 Grievance Provisions in

Step 7. Incorporating feedback and evaluating results –––––––––––––41 Key policies for effective remediation programmes –––––––– 44 Grievance policy –––––––––––––––––45 Grievance Provisions in Code of Conduct ––––––––––––––––46 Human rights policy ––––––––––––––47 Investigation policy –––––––––––––––48 Non-retaliation policy –––––––––––––49 Non-discrimination policy ––––––––––50 Confidentiality policy –––––––––––––51 Specialized response for forced labour, trafficking and exploitation policy –––––––––––– 52 Policies on remediating child labour ––––53 Review process ––––––––––––––––––54 T ool 1. Effective company grievance mechanism checklist –––– 56 Purpose ––––––––––––––––––––––––56 Audience –––––––––––––––––––––––56 How to use the checklist ––––––––––56 Checklist –––––––––––––––––––––––57 T ool 2. Grievance policy and procedure template ––––––––– 59 Purpose ––––––––––––––––––––––––59 Audience –––––––––––––––––––––––59 How to use this template ––––––––––59 Grievance policy template ––––––––––60 T ool 3. Migrant worker safeguarding policy and procedure template –––– 65 Purpose ––––––––––––––––––––––– 65 Audience –––––––––––––––––––––––65 How to use this template ––––––––––65 Worker safeguarding policy and procedure template –––––––––––––––66 T ool 4. Investigation checklist ––––– 70 Purpose ––––––––––––––––––––––––70

How to use this template ––––––––––65 Worker safeguarding policy and procedure template –––––––––––––––66 T ool 4. Investigation checklist ––––– 70 Purpose ––––––––––––––––––––––––70 Audience –––––––––––––––––––––––70 How to use the checklist ––––––––––70 Investigation information –––––––––––71 iv Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies CONTENTSv Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies DEFINITIONS | For the purposes of these guidelines, the following definitions are used for these key terms. 3 Office of the United Nations High Commissioner for Human Rights (OHCHR), “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework (2011). 4 United Nations Guiding Principles Reporting Framework, The United Nations Guiding Principles on Business and Human Rights (web page, accessed 25 March 2025). 5 Ibid. 6 Institute for Human Rights and Business (IHRB), “The employer pays principle” (accessed 19 February 2025). The employer pays principle is an employer commitment to pay the full costs associated with recruitment. 7 IOM, The IRIS Standard (2018), p. 11. 8 Inter-Agency Standing Committee, “Guidelines for integrating gender-based violence interventions in humanitarian action: Reducing risk, promoting resilience and aiding recovery” (August 2015), 5. 9 Office of the United Nations High Commissioner for Human Rights (OHCHR), “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework (2011), Principle 25. 10 Ibid. 11 OHCHR, “About human rights defenders” (web page, accessed 19 February 2025). 12 ILO, General Principles, 12.

Anonymity: A concept in which the source of information and any identifiable information of the source is unknown.

Confidentiality: A general concept that protects the identity

11 OHCHR, “About human rights defenders” (web page, accessed 19 February 2025). 12 ILO, General Principles, 12.

Anonymity: A concept in which the source of information and any identifiable information of the source is unknown.

Confidentiality: A general concept that protects the identity of those who have provided information, as well as the information itself. This includes personal, legal, medical, safety, security, or employment-related information, as well as information related to internal investigations and procedures, ensuring it is not disclosed without proper authorization and informed consent.3

Due diligence (especially human rights due diligence) : An ongoing risk management process that a reasonable and prudent business needs to follow in order to identify, prevent, mitigate and account for how it addresses its adverse human rights impacts. Due diligence includes four key steps: assessing actual and potential human rights impacts; integrating and acting on the findings; tracking responses; and communicating about how impacts are addressed.4

Employer: A person or an entity that engages employees or workers, either directly or indirectly.5

Employer pays principle: No worker should pay for a job – the costs of recruitment should be borne not by the worker but by the employer.6

Employment agency: Any natural or legal person who provides services consisting of hiring or engaging migrant workers to make them available to a third party that assigns tasks and supervises the execution of these tasks.7

Gender-based violence: An umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (that is, gender) differences between males and females.

It includes acts that inflict physical, sexual, or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private.8

Grievance: A perceived injustice evoking an individual’s or a group’s sense of entitlement, which may be based on law, contract, explicit or implicit promises, customary practice, or general notions of fairness of aggrieved communities.9

acts can occur in public or in private.8

Grievance: A perceived injustice evoking an individual’s or a group’s sense of entitlement, which may be based on law, contract, explicit or implicit promises, customary practice, or general notions of fairness of aggrieved communities.9

Grievance mechanism: Any routinized, State-based, or non-Statebased, judicial, or non-judicial process through which grievances concerning business-related human rights abuse can be raised and remedy can be sought.10

Human rights defender: A person who individually, or with others, acts to promote or protect human rights in a peaceful manner. There is no specific definition of who is or can be a human rights defender.

The United Nations Declaration on Human Rights Defenders refers to “individuals, groups, and associations … contributing to … the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals”.11

Labour recruiter: A term that refers to both public employment services and to private employment agencies and all other intermediaries or sub-agents that offer labour recruitment and placement services. Labour recruiters can take many forms, whether for profit or non-profit, or operating within or outside legal and regulatory frameworks.12

DEFINITIONS AND ACRONYMSvi Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies Migrant worker: A person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.13

Multi-stakeholder initiatives: Frameworks for engagement between businesses, civil society and other stakeholders such as governments.

They seek to address issues of mutual concern, including human rights and sustainability. Multi-stake holder initiatives may facilitate dialogue across stakeholder groups, promote cross-sector learning, or develop standards for corporate conduct.14 Operational-level grievance mechanism: A non-State-based grievance mechanism operated by a business or company to manage

rights and sustainability. Multi-stake holder initiatives may facilitate dialogue across stakeholder groups, promote cross-sector learning, or develop standards for corporate conduct.14 Operational-level grievance mechanism: A non-State-based grievance mechanism operated by a business or company to manage and resolve grievances faced by workers. Operational-level grievance mechanisms are accessible directly to individuals and communities who may be adversely impacted by a business enterprise. They are typically administered by enterprises, alone or in collaboration with others, including relevant stakeholders. They may also be provided through recourse to a mutually acceptable external expert or body.15

People with diverse SOGIESC: An umbrella term for all people whose sexual orientations, gender identities, gender expressions and/or sex characteristics place them outside culturally mainstream categories.16 13 United Nations General Assembly resolution 45/158, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, (18 December 1990), article 2(1). 14 Federal Institute for Sustainable Development, “Multi-stakeholder initiatives: What does this mean for your organisation?” (A web page of the T oolbox Human Rights for Business and Organizations, accessed 20 February 2025). 15 OHCHR, “Guiding Principles”, Principle 29. 16 IOM, “IOM SOGIESC: Full glossary of terms”, (November 2020). 17 IOM, “The IRIS Standard”, 12. 18 ILO, General Principles, 28. The ILO definition is given in more detail on that page and the next. 19 United Nations Guiding Principles Reporting Framework, Glossary (web page, accessed 25 March 2025). 20 See OHCHR, “Guiding Principles”, especially Principle 25. 21 IOM, “The IRIS Standard”, 12.

22 Ibid. Recruitment agent/agency: Any natural or legal person who provides services for matching offers of and applications for employment without the agent or agency becoming a party to the employment relationship that may arise therefrom.17

Recruitment fees and costs: The terms “recruitment fees”

22 Ibid. Recruitment agent/agency: Any natural or legal person who provides services for matching offers of and applications for employment without the agent or agency becoming a party to the employment relationship that may arise therefrom.17

Recruitment fees and costs: The terms “recruitment fees” or “related costs” refer to any fees or costs incurred in the recruitment process in order for workers to secure employment or placement, regardless of the manner, timing or location of their imposition or collection.18

Remediation: The process by which an adverse impact is appropriately and effectively redressed. Remediation has two primary goals: (1) to provide proper redress for any grievance or harm experienced by a worker; and (2) to provide its operator – such as a company, supply chain partners, or industry – with ongoing information and feedback to assess and strengthen its human rights programmes, including the company’s HRDD programme.19

Remedy: In the context of grievance mechanisms, remedies aim to counteract or make good any human rights harms that have occurred. They may include apologies, restitution, rehabilitation, financial or non-financial compensation and punitive sanctions, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition.20

Sub-agent: An informal and unlicensed individual agent who, working in usually loose partnerships with labour recruiters, is often the first point of contact for individuals seeking foreign employment. Subagents charge fees for their services, which distinguishes them from other individuals within “social networks” that facilitate migration without charging fees. The term “sub-agent” refers to both formal and informal intermediaries who may participate in the recruitment of the migrant worker from their country of origin.21

Subcontractor: A person or business (operating as a registered entity) that has a contract (as an independent contractor and not an employee) with a contractor (such as a labour recruiter) to provide some portion of the work or services on a project which the contractor has agreed to perform. The subcontractor is paid by the contractor for the services provided.22

entity) that has a contract (as an independent contractor and not an employee) with a contractor (such as a labour recruiter) to provide some portion of the work or services on a project which the contractor has agreed to perform. The subcontractor is paid by the contractor for the services provided.22 DEFINITIONS AND ACRONYMSvii Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies

LIST OF ACRONYMS

CBO Community-based organization CIW Coalition of Immokalee Workers CSO Civil Society Organization ESG Environmental, social and governance GBV Gender-based violence HRD Human rights defender HRDD Human rights due diligence NGO Non-governmental organization SOGIESC Sexual orientation, gender identity, gender expression and sex characteristics UNGP The United Nations Guiding Principles on Business and Human Rights DEFINITIONS AND ACRONYMSMigrant Workers picking strawberries. California, United States of America. © AdobeStock 2023 1 Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies Introduction INTRODUCTION 23 OHCHR, “Guiding Principles”, Principle 25. The right to an effective remedy for violations of human rights is a well-established and recognized principle of international law. Access to effective remedy is also a core component of the United Nations Guiding Principles on Business and Human Rights (UNGPs). Principle 25 of the UNGPs highlights access to remedy, reminding States to “take appropriate steps to ensure” that those affected by business-related human rights abuses within their territory or jurisdiction “have access to effective remedy”. 23 The UNGPs describe three types of mechanism to provide access to remedy in instances of business-related human rights abuses: State-based judicial mechanisms; State-based non-judicial grievance mechanisms; and non-State-based grievance mechanisms. In recent years, there has been a significant increase in the number and breadth of mandatory human rights due diligence (HRDD)

in instances of business-related human rights abuses: State-based judicial mechanisms; State-based non-judicial grievance mechanisms; and non-State-based grievance mechanisms. In recent years, there has been a significant increase in the number and breadth of mandatory human rights due diligence (HRDD) regulations enacted by governments globally. This legislative shift is part of a broader global movement towards stricter and more expansive environmental, social and governance (ESG) standards, and has resulted in a need for greater transparency and accountability in business practices. Moreover, many of these regulations explicitly require that companies establish grievance mechanisms or remediation programmes as part of their HRDD processes. The requirement to establish such mechanisms underscores the fundamental nature of remedy in the international human rights landscape. WHEN EFFECTIVELY IMPLEMENTED, REMEDIATION PROGRAMMES OFFER THREE KEY BENEFITS: • Realization of rights. Businesses have an obligation to respect human rights, which includes providing or participating in the provision of remedies for grievances in accordance with the UNGPs. A grievance mechanism enables a company to uphold human rights standards and actively fulfil its responsibility to ensure that the rights of individuals who have been harmed are restored, and to prevent future harm. • Early detection and resolution. Remediation mechanisms enable proactive engagement with workers, facilitating the early identification and resolution of potential human and labour rights issues. This early intervention is essential for preventing the escalation of minor concerns into serious violations, and is a cornerstone of effective HRDD. • Continuous feedback and prevention. Implementing remediation processes ensures that businesses can continuously receive and respond to feedback regarding issues raised by workers and the effectiveness of the remedies applied. This continuous flow of information is crucial for informing and strengthening HRDD strategies and ensuring ongoing compliance with both legal requirements and international human rights standards, while also allowing the company to prevent future harm.2 Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances: Practical Guidance for Effective Remediation Programmes and Policies Introduction

information is crucial for informing and strengthening HRDD strategies and ensuring ongoing compliance with both legal requirements and international human rights standards, while also all