The problem of labor affects not only a specific person, but also society as a whole. Forced labor is the most pressing issue for both national and international law.
The concept of PR
Forced labor is the performance of certain work under the threat of punishment being applied to a person. As such, both mental and physical effects can be applied, which in any case are violent. Such influence is unacceptable in order to maintain labor discipline, economic development of the employer (organization), and so on. Violence is not allowed as a measure of responsibility and punishment for organizing and participating in a strike, for expressing political views and ideological convictions.
Forced labor is such if the employee does not have the opportunity to refuse it. The prohibition of forced labor applies to the following cases:
- Violation of the term for payment of wages or its partial issuance.
- An immediate threat to the life and health of the employee due to the organization of adverse production. This includes violation of sanitary requirements, the availability of personal protective equipment, compliance with legal labor protection standards and so on.
OL legislation
Forced labor is prohibited in many countries and is controlled by national law. Moreover, numerous regulatory acts are contained in international law, among which the most important are:
- International Covenant on Civil and Political Rights;
- ILO Convention on the Abolition of Forced Labor;
- ILO Convention on Forced Labor.
In addition, legal norms prohibiting this type of work are reflected in general documents, for example, the Universal Declaration of Human Rights.
Types of work not related to PR
Forced labor is only those actions that are carried out under threat of punishment. However, there are conditions that formally fall under the above definition, but in fact they are not. These conditions include:
- Performance of work prescribed by military duty. Activities related to military service or alternative civilian service are not compulsory, since initially the state provides for the obligation to carry out it.
- The work necessary to perform in an emergency and martial law. The procedure for performing such work is determined by law.
- The principle of forced labor does not apply during emergencies, namely during fires, floods, earthquakes, famines, various diseases of the flora and fauna, and so on. Extraordinary circumstances are those that jeopardize the normal functioning of the population of a particular locality.
- Work performed by the entry into legal force of a court sentence on the assigned punishment. This activity is carried out under the strict supervision and control of state bodies and is not forced labor.
Territoriality of PR
Discrimination of forced labor penetrates into all spheres and types of society, regardless of origin, historical background, period of formation, economic structure and so on. This phenomenon can exist both in developed and in poor countries, and is not limited to one site on the planet. This is largely due to the fact that the Convention on Forced Labor and the ILO do not contain very specific rules. Most of them are not binding.
In this regard, in many countries there are various interpretations of the meaning of international acts. So, some believe that forced labor is closely interconnected with the totalitarian regime, as well as the harsh exploitation of man. The second option involves the introduction of new terms, such as "modern slavery" or "practice similar to slavery." These concepts are associated with unsatisfactory and harmful working conditions, and also relate to low wages.
Features PR
Forced labor is a field of activity that has distinctive features. The International Convention of 1930 states that forced labor is any work or service that is performed under pain of receiving punishment from another person. In addition, the act states the necessary condition: if a person had the opportunity not to engage in this activity, he would definitely take advantage of it.
The aforementioned international document also calls for a number of exceptions, for example regarding military service and military work. This also does not include the work of convicts, civil duties, work in emergency or emergency situations, as well as service or work under the strict supervision of representatives of the law enforcement authorities.
The ILO Convention states that forced labor is any economic activity that is aimed at political re-education, and also entails discrimination. This type of labor is not allowed as a means of punishing workers for participating in and holding strikes, since this right is established not only by international standards, but also by the Labor Code of the Russian Federation.
Is low salary OL?
Many people mistakenly believe that forced labor is a low salary and unsatisfactory working conditions. It is important to draw a clear line between the violation of law and adverse conditions for successful activity. In the case of low wages, a person always has the right to choose: quit or continue working in a certain place. For reasons beyond his control, for example, due to the lack of an alternative, the employee continues to present the results of his work to a particular company.
Forced labor includes a gross violation of human rights, restriction of its freedoms proclaimed by law. This issue is entirely related to the modern international problems of slavery, serfdom, and also debt bondage.
What actions are inextricably linked with PR
Forced labor is the performance of certain actions that fall under the above qualifications. So, this type of illegal activity includes the following actions:
- The abduction of a person and the use of physical violence against him.
- Acceptance of debt bondage by birth or inheritance.
- Illegal activity on the sale of a person, as well as the commission of other transactions in relation to the person.
- Restriction of physical space, for example, within the private domain. This may also include illegal detention, in places of deprivation of liberty, in the workplace.
- Psychological coercion, which is accompanied by threats of not only punishment for disobedience of the person himself, but also reprisals against relatives and other close persons.
- Providing deliberately false information about working conditions, wages, place of work and so on.
- Retention of personal documents of a citizen, including identification documents, such as passports, driver’s licenses, as well as another list of securities.
- Sexual abuse
- Exclusion from public life, from the community, as a result of which a person has certain responsibilities for the performance of a particular type of work.
- Deprivation of food, shelter, money due to non-compliance with work instructions.
Forced labor at the ILO
Freedom of labor is one of the most important norms of any national law. No person, no organization can take away this right. Forced labor is a prime example of a violation of the above principle. That is why this problem is especially carefully considered in the ILO.
The International Labor Organization considers 2 necessary elements of recognition of a certain type of activity as compulsory. Firstly, there is no sign of voluntary work. Secondly, the performance of duties is carried out under threat of punishment. Over 75 years of practice have brought clarity to the above elements. In addition, the threat of punishment is understood not only as punitive sanction, but also deprivation of certain rights.
Forms of threat of punishment in PR
Forced labor is characterized by various forms of threats and punishment. The most prominent representatives are physical violence associated with imprisonment. In addition, criminals often take advantage of the possibility of negative influence on relatives and close persons of a person under labor pressure.
The second most common is the psychological form of threats and exposure. As a rule, the most frequent threats are the need to extradite victims to law enforcement agencies. So, there are widespread cases where employers who actually forced their subordinates to work reported their whereabouts to the police or the migration service. These threats are particularly successful in the event of the illegal presence of a foreign citizen in the state. The psychological impact also includes the threat of reporting that the girl is engaged in prostitution in remote places of a settlement or city.
Features of PR in the financial sector
The third form of threats is financial in nature. As a rule, the victim is subject to economic penalties, such as debts, non-payment of earned funds, threats of dismissal and so on. The latter option is applied if the employee refuses to perform overtime work. In addition, employers often require the delivery of identity documents. If similar actions have been taken against you, it is worth considering whether signs of forced labor show up among you and your colleagues.