Almost all of these general themes are covered in the proposed rule, and a number of associated issues are addressed in some manner. For instance, on the issue of recruitment, the proposed rule prohibits contractors from using misleading or fraudulent recruitment practices. Contractors must also disclose details about pay. The proposed rule reflects the strong view expressed by a number of respondents regarding the importance of a prohibition on charging employees recruitment fees. With respect to interviews, the proposed rule requires contractors to cooperate fully and protect and interview all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to their country of origin. (This would be in addition to the requirement, imposed in certain situations, to maintain an awareness program and develop a process for employees to report, without fear of retaliation, activities inconsistent with the policy regarding trafficking in persons.)
For additional details on the ideas submitted to the
In addition to the matters highlighted above, several comments were received recommending requirements that are either not addressed in the E.O. or the statute, or not addressed to a sufficient level of detail.
(1) Require a detailed recruitment and wage plan that would include:
(a) The identity of recruitment companies being used and proof that the company and/or recruiter is licensed under laws of the country of recruitment.
(b) A description of the selection process used by the Government contractor or subcontractor to select, evaluate, and engage its recruiting company or recruiter.
(c) Signed copies of any recruiting agreements between the contractor or subcontractor and the recruiting company or recruiter.
(d) Definition of allowable variances in wage plan requirements.
(2) Require that compliance plans include the following:
(a) A written contract to recruits;
(b) An account of working and living conditions of recruits;
(c) A requirement for facilitating regular contact with family and embassies;
(d) A provision for providing Defense Base Act (DBA) insurance, when and where required, notifying employees of such coverage, and promptly reporting employee claims that are covered by the DBA or by the Taxpayer War Hazard Act; and
(e) A requirement to prominently post notices of trafficking-in-persons prevention requirements in workers' living and work areas.
(f) A code of conduct that addresses core labor standards including compensation, hours of work, occupational safety and health, industrial hygiene, emergency preparedness, safety equipment, sanitation and access to food and water.
(g) A monitoring mechanism which includes risk assessments, compliance evaluation and independent audits of compliance system effectiveness, and public reports on compliance system effectiveness.
(h) A reporting mechanism which includes internal and public reports on compliance system effectiveness.
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