The problem of labor affects not only a particular person, but society as a whole. Forced labor is the most urgent problem for both national and international law.
The concept of PR
Forced labor is the fulfillment of a certainwork under the threat of punishment to face. As such, both mental and physical effects can be applied, which in any case is 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 has no opportunity to refuse it. The prohibition of forced labor extends to the following cases:
- Violation of the payment of wages or partial issuance of it.
- Immediate threat to life and healthdue to the organization of unfavorable production. This includes the violation of sanitary requirements, the availability of personal protective equipment, compliance with the legal standards of labor protection and so on.
Legislation on PR
Forced labor is prohibited in many countries,is controlled by national legislation. Moreover, numerous normative legal acts are contained in international law, among which the most important are:
- The International Covenant on Civil and Political Rights;
- ILO Convention on the Abolition of Forced Labor;
- ILO Convention on Forced Labor.
In addition, the legal norms prohibiting this type of labor are reflected in general documents, for example, the Universal Declaration of Human Rights.
Types of work not related to the PR
Forced labor are only those actions,which are executed under the 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 works that are prescribed by the militaryduty. Activities related to military service or alternative civilian service are not compulsory, since initially the state provides for the obligation to fulfill it.
- Work required to perform in emergency situations and martial law. The order of performance of such work is determined by law.
- The principle of forced labor does not applyduring emergency situations, namely during fires, floods, earthquakes, famines, various diseases of the flora and fauna, and so on. Emergency circumstances are those that threaten the normal functioning of the population of a particular locality.
- The work performed by entry into legalthe power of a court sentence on the punishment imposed. This activity is carried out under strict supervision and control of state bodies and is not forced labor.
Territorial PR
Discrimination of forced labor penetratesall spheres and types of society, regardless of origin, historical prerequisites, period of formation, economic structure, and so on. This phenomenon can exist in both developed and poor countries, and is not limited to one site on the planet. This is largely due to the fact that the Forced Labor Convention and the ILO contain not very specific rules. Most of them are not binding regulations.
In this regard, in many countries there arevarious interpretations of the meaning of international acts. For example, some believe that forced labor is closely intertwined 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 refer to low wages.
PR features
Forced labor is a field of activitywhich has distinctive features. The International Convention of 1930 states that forced labor is any work or service that is performed under the fear of being punished by 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 above-mentioned international document is alsonames a number of exceptions, for example with regard to military service and military work. This also does not include the work of convicts, civil duties, work under extraordinary circumstances or in case of emergency, as well as service or work under the strict control of representatives of the law enforcement authorities.
The ILO Convention states thatForced 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 and conducting strikes, since this right is established not only by international standards, but also by the Labor Code of the Russian Federation.
Is low salary PR?
Many people mistakenly believe that forced labor- This is a low salary and unsatisfactory working conditions. Here it is important to draw a clear line between the violation of law and unfavorable conditions for successful activity. In the case of low wages, a person always has the right to choose: to 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 give the results of his work to a company.
Forced labor is rude.violation of human rights, restriction of his freedoms proclaimed by law. This question is entirely related to the contemporary international problems of slavery, serfdom, and debt bondage.
What actions are inextricably linked with PR
Forced labor is the performance of certain actions that fall within the above qualifications. So, the following actions are related to this type of illegal activity:
- Abduction of a person and the use of physical violence against him.
- Acceptance of debt bondage by birth or by inheritance.
- Illegal activities for the sale of a person, as well as other transactions in relation to the individual.
- Restriction of physical space, for example, within private ownership. This may also include illegal detention, in places of detention, at work.
- Psychological coercion, which is accompanied by threats not only of punishment for the disobedience of the person himself, but also reprisals against relatives and other close persons.
- Providing false information about working conditions, wages, place of work and so on.
- Retention of personal documents of a citizen, including those identifying himself, such as a passport, driver's license, as well as another list of securities.
- Sexual abuse.
- Exclusion from public life, from the community, as a result of which certain duties are assigned to a person to perform a particular type of work.
- Deprivation of food, shelter, and money due to the failure to follow work instructions.
Forced Labor at the ILO
Freedom of labor is one of the most important norms of anynational legislation. No one person, no organization can take away this right. Forced labor is a clear example of the violation of the above principle. That is why this problem is especially carefully addressed in the ILO.
International Labor Organization reviews 2necessary elements of recognition of a particular activity as a coercive one. Firstly, there is no sign of voluntary performance of work. Secondly, the fulfillment of duties is carried out under the threat of punishment. Over 75 years of practice has brought clarity to the above elements. In addition, the threat of punishment means not only punitive sanction, but also the deprivation of certain rights.
Forms of the threat of punishment in OL
Forced labor is characterized by differentforms of threats and punishment. The most prominent representatives are physical abuse, coupled with imprisonment. In addition, criminals often use the possibility of a negative impact on the relatives and close persons of a person under labor oppression.
The second most common ispsychological form of threats and exposure. As a rule, the most frequent threats are the need to extradite victims to law enforcement agencies. Thus, there are widespread cases when employers who actually forced their subordinates to work reported their location to the police or the migration service. These threats are particularly successful in the case of the illegal presence of a foreign citizen in the state. The psychological impact also includes the threat of reporting that a girl is engaged in prostitution in remote places of a settlement or city.
PR features in the financial sector
The third form of threat is financial in nature.As a rule, economic punishments extend to the victim, such as debts, non-payment of earnings, threats of dismissal, and so on. The latter option is used in case of employee refusal to perform overtime work. In addition, employers often require the delivery of identity documents. If such actions were applied to you, it is worth considering whether you and your colleagues show signs of forced labor.
