Markus Funk was quoted in the Supply Chain Brain article “Eliminating Forced Labor Is a Tough Task. But That's No Reason Not to Act,” regarding the spread of laws against child labor, human trafficking and forced labor in the supply chain.

The U.S. and United Kingdom have led the way in imposing strictures against forced labor, or at least compelling companies to disclose its presence in their supply chains. Now, other countries are following suit. Similar rules are being contemplated, proposed or put into practice in France, Spain, Germany and the Netherlands, to name a few, according to attorney Markus Funk.

Under the stricter measures imposed in the U.S., confiscation of a foreign worker’s passport is enough to qualify as a forced-labor situation. Employees must be free to leave the job at all times, notes Funk. “The scope of law is really broad, and the requirements are heavy,” he adds. “You essentially need to certify that products are free from the taint of trafficked, slave, and other forms of forced or coerced labor.” Failure to comply could result in a prison sentence.

Funk advises his clients to thoroughly map their supply chains, conduct risk analyses to understand the scope of their potential legal liability, and ensure that the relevant employees, vendors and agents in the field are complying with both the companies’ expectations and legal requirements. True, the job can be tough, the laws are less than clear, and issues within complex global supply chains are likely to emerge anyway. “But that — whether from a legal-risk or brand-protection perspective — is not a sufficient reason to ignore the compliance requirements and simply do nothing,” he says.