Forced labor is ... The concept of forced labor

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 performance of a certain work 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 strikes, 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 extends to the following cases:

1. Violation of the payment of wages or partial issuance of it.
2. Immediate threat to the life and health of the employee due to the organization of unfavorable production. This includes the violation of sanitary requirements, the availability of personal protective equipment, compliance with legal standards for labor protection and so on.

Legislation on PR

Forced labor is prohibited in many countries, it 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 that are carried out 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, which are 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 perform it.
• Work required to perform in emergency situations and martial law. The order of performance of such works is determined by the legislation.
• The principle of forced labor does not apply during emergency circumstances, namely, in fires, floods, earthquakes, famines, various diseases of flora and fauna, and so on. Extraordinary circumstances are those that threaten the normal life activity of the population of a certain settlement.
• Work carried out by virtue of the entry into legal force of the sentence of the court on the appointed punishment. This activity is carried out under strict supervision and control of state bodies and is not forced labor.

Territoriality of the PR

Discrimination of forced labor penetrates into all spheres and types of society, regardless of origin, historical background, formation period, 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 Convention on Forced Labor and the ILO contain not very specific standards. Most of them are not binding norms.

In this regard, in many countries there are different interpretations of the meaning of international acts. Thus, some believe that forced labor is closely related to the totalitarian regime, as well as to 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 a low level of wages.

Features of the OL

Forced labor is a sphere of activity that has distinctive characteristics. 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 refers to the necessary condition: if a person had the opportunity not to engage in this activity, he would certainly use it.

The above-mentioned international document also names 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 in case of emergency, as well as service or work under strict control of representatives of law enforcement agencies.

The ILO Convention states that forced labor is all economic activity that is aimed at political re-education, and also entails discrimination. This type of work is not allowed as a means of punishing workers for participation and conducting strikes, since this right is established not only by international norms, but also by the Labor Code of the Russian Federation.

Is the low salary of the PR?

Many mistakenly believe that forced labor is low wages and unsatisfactory working conditions. It is important to draw a clear boundary between the violation of law and unfavorable conditions for successful operations. In the case of low pay, a person always has the right to choose: to resign or to continue working in a certain place. For reasons beyond his control, for example, because of the lack of an alternative, the employee continues to present the results of his or her work to a particular company.

Forced labor is a gross violation of human rights, restriction of his freedoms, proclaimed by law. This issue fully relates to the contemporary international problems of slavery, serfdom, and debt bondage.

What actions are inextricably linked with the PR

Forced labor is the commission of certain actions that fall under the aforementioned qualifications. So, this type of illegal activity includes the following actions:

1. Abduction of a person and the use of physical violence against him.
2. Acceptance of debt bondage by birth or by inheritance.
3. Illegal activities for the purchase and sale of rights, as well as the commission of other transactions in relation to the individual.
4. Restriction of physical space, for example within private domains. This may also include illegal detention in custody, in places of deprivation of liberty, in the workplace.
5. Psychological coercion, which is accompanied by threats not only of punishment for disobedience of the person himself, but also of reprisals against relatives and other close persons.
6. Providing deliberately false information about working conditions, wages, work place and so on.
7. Retention of personal documents of a citizen, including identity documents, such as a passport, driver's license, as well as another list of securities.
8. Sexual violence.
9. Exclusion from public life, from the community, as a result of which certain duties are imposed on a person to perform a particular type of work.
10. Deprivation of food, shelter, money due to non-fulfillment of working instructions.

Forced labor in the ILO

Freedom of labor is one of the most important norms of any national legislation. No person, no organization can not take this right. Forced labor is a vivid 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 for recognizing a certain type of activity as coercive. First, there is no sign of volunteer work. Secondly, the fulfillment of duties is carried out under the threat of punishment. More than 75 years of practice has brought clarity to the above elements. In addition, under the threat of punishment is understood not only punitive sanctions, but also the deprivation of certain rights.

Forms of threatening punishment in the PR

Forced labor is characterized by various forms of threats and punishment. The most vivid representatives are physical violence, coupled with imprisonment. In addition, criminals often use the possibility of negative impact on relatives and close people of a person who was under labor oppression.

Second place in the prevalence is the psychological form of threats and impacts. As a rule, the most frequent threats are the need to extradite victims to law enforcement agencies. So, cases where employers, who actually forced their subordinates to work, are widely reported about their location in the police or migration service. Special success these threats have in the case of illegal residence 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 the settlement or city.

Features of the PR in the financial sphere

The third form of threats is of a financial nature. Typically, the victim is subject to economic penalties, such as debts, non-payment of earnings, threats of dismissal and so on. The latter option is applied in the event of an employee refusing to perform overtime work. In addition, employers often require the deposit of identity documents. If such actions were used against you, it is worthwhile to think about whether the signs of forced labor among you and your colleagues are not showing up.